Acts of the General Assembly of the state of Georgia: passed in Atlanta, Georgia, at an annual session, beginning Jan. 13, and ending March 18, 1869 [volume 1]



Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia Atlanta: SAMUEL BARD 18690113 English

Page 1

[Illegible Text] OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: Passed in Atlanta, Georgia, at an ANNUAL SESSION, BEGINNING JAN. 13, AND ENDING MARCH 18, 1869. 18690113 18690318 COMPILED BY JAMES M. BISHOP. PUBLISHED BY AUTHORITY. Atlanta, Ga.: SAMUEL BARD . PUBLIC PRINTER. 1869.

Page 3

TABLE OF TITLES. PART I.PUBLIC LAWS. Title IAGRICULTURE. Title IIAPPROPRIATIONS. Title IIICODEAmendments To. Title IVCOURTS Division 1. Supreme. Division 2. Superior. Division 3. Criminal. Title VEDUCATION. Title VIELECTIONS. Title VIIHOMESTEAD. Title VIIIIMMIGRATION. Title IXINCORPORATIONS. Title XINSURANCE BUSINESS. Title XIJUDICIARY. Title XIILAND. Title XIIILOTTERIES. Title XIVPENAL CODE. Title XVRAILROADS. Title XVIRELIEF. Title XVIITAXES. Title XVIIITESTATORS. PART II.LOCAL LAWS. Title ICOUNTY REGULATIONS. Title IIELECTIONSCity. Title IIIJURIESLocal Exemptions. Title IVRELIEF.

Page 5

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1869. PART I.PUBLIC LAWS. TITLE I. AGRICULTURE. Section. 1. Fee of Inspector of Fertilizers. Section. 2. Fertilizers must be inspected at the port of entry where received. (No. 1.) An act to amend an act entitled an act to protect the planters of this State from imposition in the sale of fertilizers, approved September 17, 1868. Section 1. The General Assembly of the State of Georgia do enact , That the second section of said act shall read inspect and analyze fertilizers, c.; also, that section fourth, of said act, shall be amended to read as follows: The Inspector shall be allowed a fee of fifty cents when inspected and analyzed in quantities of fifty tons or more; and a fee of twenty-five dollars for inspecting and analyzing in quantities less than fifty tons, to be paid by the party procuring the inspection. Fertilizersfee for inspecting. Sec. 2. Be it further enacted , That all fertilizers imported into this State shall be inspected and analyzed at the port of entry in which the same may be received; and that all fertilizers manufactured in this State shall be inspected and analyzed in the county

Page 6

in which the same are manufactured, and said fertilizers shall not be removed from the mill or factory until analyzed. Where Inspected. Sec. 3. Repeals conflicting laws. This act takes effect by the lapse of five days from its receipt by his Excellency the Governor. TITLE II. APPROPRIATIONS. Section. 1. For salary of Governor. For salary of Secretary of State. For salary of Comptroller General. To Secretaries of Executive Department. Governor may employ additional assistance, crestriction. To Messenger of Executive Department. Salary of State Librarian. Salary of Solicitors General. Salary of Reporter of Supreme Court. Salary of Judges of Supreme Court. Salary of Judges of Superior Court. 2. Of Contingent Fund and Printing Fund. 3. For per diem and mileage of President of the Senate and Speaker of the House. For per diem and mileage of members. 4. For per diem of Secretary of Senate and Clerk of House, and Journalizing Clerks, and Assistant Secretary and Assistant Clerk. For per diem of Enrolling and Engrossing Clerks and Committee Clerks. To J. C. Hendricks, L. Carrington, J. G. W. Mills, H. F. Merrill, M. A. Hardin and A. E. Marshall. 5. For per diem and mileage of Doorkeepers and Messengers. Section. 6. Officers salaried by law. 7. Advance of 75 per cent. to officers by Treasurer. 8. To Superintendent Lunatic Asylum. 9. To Academy for the Blind. For repairs of buildings. 10. To Chaplains, Pages, Treasurer's Clerk, Comptroller General's Clerk and Secretary of State's Clerk. 12. To Dred Burley and Chas. Patterson. 13. For support of Penitentiary. 14. To institution for deaf and dumb. 15. To Principal Keeper of the Penitentiary, Assistant Keeper, Book-keeper, Tanner, Overseer, c. 16. To pay public debt. 17. For contingent expenses of the Legislature. 18. All appropriations to be paid in U. S. currency. 19. To J. T. Taylor, c. 20. To Clerk of Supreme Court. 21. Not approved by the Governor . 22. To repair books and procure new ones in State Library. 23. For services authorized by law. 24. To pay indebtedness of the Penitentiary. 25. To reimburse N. L. Angier, Esq., Treasurer. 26. To pay tuition of indigent maimed soldiers. (No. 2.) An act for raising a revenue for the political year eighteen hundred and sixty-nine, and to appropriate money for the use of the Government during said year, and to make certain special appropriations and for other purposes herein mentioned . Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That the following sums of money be, and

Page 7

the same are hereby, appropriated to the respective persons and objects hereinafter mentioned, to-wit: The sum of four thousand dollars to his Excellency the Governor, as his salary for the year eighteen hundred and sixty-nine; and the further sum of two thousand dollars each to the Secretary of State, Comptroller General and the State Treasurer, for the year eighteen hundred and sixty-nine; and the sum of eighteen hundred dollars each to the Secretaries of the Executive Department, not exceeding two, for the year eighteen hundred and sixty-nine, and that neither of said Secretaries shall receive any compensation for extra services; and that his Excellency the Governor be authorized to employ such additional assistance in the Executive Department as he may deem necessary at any time, not to exceed one; and that he draw his warrant on the Treasurer to pay for the same out of any money not otherwise appropriated; Provided , Said Clerk shall not be entitled to more than one hundred and fifty dollars per month; and the sum of five hundred dollars to the Messenger of the Executive Department for the year eighteen hundred and sixty-nine; and the sum of twelve hundred dollars to the State Librarian as his salary for the year eighteen hundred and sixty-nine; and the sum of two hundred and fifty dollars in specie, or its equivalent in currency, to each of the Solicitors General for the year eighteen hundred and sixty-nine; and the sum of one thousand dollars to the Reporter of the decisions of the Supreme Court, as his salary for the year eighteen hundred and sixty-nine; and the sum of twenty-five hundred dollars in specie, or its equivalent in currency, to each Judge of the Supreme Court, as his salary for the year eighteen hundred and sixty-nine; and the sum of eighteen hundred dollars in coin to each Judge of the Superior Court, as his salary for the year eighteen hundred and sixty-nine. Salary of Governor. Secretary of state. Comptroller General. Treasurer. Secretaries of Ex. Dept. Clerk in Ex. Dept. Messenger of Ex. Dept. Librarian. Solicitors General. Reporter of Supreme Court. Judges of Supreme Court. Judges of Superior Courts. Sec. 2. That the sum of twenty thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated as a Contingent Fund for the year eighteen hundred and sixty-nine; and the sum of twenty thousand dollars be appropriated as a Printing Fund for the current year. Contingent Fund. Printing Fund. Sec. 3. That the sum of twelve dollars per day be paid the President of the Senate and Speaker of the House of Representatives during the present session of the General Assembly, and the sum of five dollars for every twenty miles traveled in going to and returning from the seat of Governmentthe distance to be computed by the nearest route usually traveled; and the sum of nine dollars each per day be paid to the members of the General Assembly during the present session, and five dollars for every twenty miles of travel going to and returning from the seat of Government, under the same rules that apply to the President of the Senate and Speaker of the House of Representatives; Provided , That no member shall receive pay from the State for any time he may be absent, unless his absence was caused by the sickness of himself or family, or he had leave of absence granted by the Senate or House for satisfactory reasons. Per diem of President of Senate and Speaker of the House. Mileage. Per diem of Members. Mileage. Sec. 4. That the sum of twelve dollars per day each be paid to

Page 8

the Secretary of the Senate and the Clerk of the House of Representatives, each for the present session; Provided , That no warrant shall issue in favor of either until his Excellency the Governor shall have satisfactory evidence that they have respectively filed in the office of Secretary of State the original bills and papers pertaining to their offices, and have carefully marked and filed all reports of standing committees, and all other papers of importance connected with either House; the sum of twelve dollars per day each to the Journalizing Clerks, Assistant Clerk and Assistant Secretary of the Senate and House of Representatives, and the sum of nine dollars per day each to the Enrolling and Engrossing Clerks of the Senate and House of Representatives for the time they have been actually employed, which shall only be allowed them upon the certificate of the Secretary of the Senate or Clerk of the House, stating that he required their services, and that they were actually performed; and nine dollars per day each to the Clerk of the Finance and Judiciary Committees of the House and Senate, for the time they have been actually employed, which shall only be allowed them upon the certificate of the chairman of the committee, stating that the services were actually performed; and that the sum of five hundred dollars be appropriated to J. C. Hendricks, Assistant Secretary of the Senate, and five hundred dollars to L. Carrington, Assistant Clerk of the House of Representatives, and the sum of five hundred dollars to J. G. W. Mills, Journalizing Clerk of the Senate, and five hundred dollars to Henry F. Merrill, Journalizing Clerk of the House, as compensation for extra services performed at this session by said Assistant and Journalizing Clerks, and that said sums be drawn upon the warrant of the presiding officers of the respective Houses; that the sum of two hundred and fifty dollars be paid M. A. Hardin, Clerk of the House of Representatives, as compensation for extra services during the present session; and that the sum of two hundred and fifty dollars be, and the same is hereby, appropriated to A. E. Marshall, Secretary of the Senate, as compensation for extra services during the present session, to be drawn on the warrant of the presiding officer of their respective Houses. Per diem of Secretary of Senate and Clerk of the House. Per diem of Journalizing Clerks. Assistants. Per diem of the Enrolling and of Engrossing Clerks. Pay of the Clerks of Committees. Extra to J. C. Hendricks. To L. Carrington. To J. G. W. Mills. To Henry F. Merrill. To M. A. Hardin. To A. E. Marshall. Sec. 5. That the sum of nine dollars per day each be paid to the Door-keepers and Messengers of the Senate and House of Representatives at the present session of the General Assembly, and the same mileage to each of said Door-keepers and Messengers as is paid to the members of the General Assembly. Per diem, c., of Door-keepers and Mess'ngers. Mileage. Sec. 6. That the various sums of the annual salaries of all the officers of this State, whose salaries are fixed by law, be, and the same are hereby, appropriated annually to pay said salaries, until they are otherwise altered by law. Officers whose salaries are fixed by law. Sec. 7. That the Treasurer be authorized to pay, from time to time, the officers of the Government whose salaries are appropriated by this act, seventy-five per cent. of the amount for which services have been actually rendered at the date of such payment, taking receipt from said officers for the same, which receipt shall be as vouchers, and are hereby declared off-sets, to the extent of

Page 9

such payment, to Executive warrants drawn at the end of the quarter for such officers' salaries. Advances to officers. Sec. 8. That the sum of two thousand five hundred dollars be, and the same is hereby, appropriated as the salary of the Superintendent and Resident Physician of the Lunatic Asylum; and the further sum of fifteen thousand dollars for the salaries of the Trustees and Treasurer, sub-officers, attendants and servants' hire; and the further sum of sixty thousand dollars for the support of pauper patients; and the sum of four thousand five hundred dollars for the purpose of and repairing the public buildings connected with the Asylum for the year eighteen hundred and sixty-nine; and the further sum of six thousand dollars be appropriated to secure always a reliable supply of water. Superintendent of the Lunatic Asylum. Other officers of Lunatic Asylum. For Pauper Patients. For Repairs of the Buildings. For Water Fixtures. Sec. 9. That the sum of eleven thousand dollars be, and the same is hereby, appropriated to the Academy for the Blind, in this State, for the maintenance of pupils, salaries of officers, from the first January eighteen hundred and sixty-nine, to first January eighteen hundred and seventy; and for the improvements which are necessary, the sum of twenty-five hundred dollars for the year eighteen hundred and sixty-nine. For Academy for the Blind. For Improvement of the Buildings. Sec. 10. That the sum of one hundred dollars be, and the same is hereby, appropriated as compensation to each of the Chaplains of the House of Representatives; and the sum of one dollar per day each to the pages of the Senate and House of Representatives. Chaplains. Pages. Sec. 11. That the sum of sixteen hundred dollars be, and the same is hereby, appropriated to pay the Clerk in the Treasurer's office; and the sum of sixteen hundred dollars to pay the Clerk in the Comptroller General's office; and that the sum of sixteen hundred dollars be appropriated to pay the Clerk in the Secretary of State's office. Treasurer's Clerk. Comptroller General's Clerk. Clerk of Secretary of State. Sec. 12. That the sum of five dollars per day be, and the same is hereby, appropriated to pay Dred Burley for bringing water, sweeping and keeping in order the Representative Hall; and also a like sum to Charles Patterson for attending similar duties in the Senate Chamber, and out of which they are to pay for all assistance employed. Dred Burley. Charles Patterson. Sec. 13. That the sum of five thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated for the support and repairs of the Georgia Penitentiary. The Georgia Penitentiary. Sec. 14. Be it further enacted , That the sum of eight thousand dollars be, and the same is hereby, appropriated for the pay of the officers and teachers of the institution for the deaf and dumb, and the education and support of the indigent deaf and dumb children therein taught and supported, and necessary repairs to its buildings, for the year eighteen hundred and sixty-nine, and no other amount be paid from the treasury on account of said institution for the present year. Institution for the Deaf and Dumb. Sec. 15. That the sum of two thousand dollars be appropriated to the Principal Keeper of the Penitentiary as his salary for the year eighteen hundred and sixty-nine; that the sum of twelve hundred

Page 10

dollars be appropriated to pay the salary of the Assistant Keeper; the sum of twelve hundred dollars to the Book-Keeper and Salesman; the sum of twelve hundred dollars for the Tanner; and the sum of one thousand dollars to the Overseer, as the salary of these several officers for the year beginning January 1, 1869; Provided , Should any one of the officers herein provided for be dispensed with at this session of the Legislature, then the amounts herein appropriated to said officers so dispensed with shall not be drawn; and should any two of these offices be consolidated, then but one salary shall be drawn by the officer occupying the consolidated office. Principal Keeper of the Penitentiary. Assistant Keeper. Book-keeper Tanner. Overseer. Sec. 16. That the sum of three hundred and seventy-five thousand dollars, or so much thereof as may be necessary, be appropriated for the political year 1869 to pay the interest on the public debt. Public Debt. Sec. 17. That the sum of seventy-five dollars be, and the same is hereby, appropriated to the Secretary of the Senate, and the sum of seventy-five dollars be appropriated to the Clerk of the House of Representatives to defray the contingent expenses of their respective offices at the present session of the General Assembly, or so much thereof as is necessary. Contingent Expenses of the Legislature. Sec. 18. That the several appropriations made by this act, except as herein otherwise specially provided, shall be paid in national currency. Appropriations payable in currency. Sec. 19. Be it further enacted , That the sum of seventy-five dollars is hereby appropriated to J. T. Taylor for services rendered as Clerk in organizing the present General Assembly at the present session. J. T. Taylor. Sec. 20. Be it further enacted , That the sum of three hundred dollars, or so much thereof as may be necessary, be appropriated to the Clerk of the Supreme Court for printing and stationery, and purchasing the necessary record books and binding of opinions of the Supreme Court during the year 1869. Clerk of the Supr'me Court. Sec. 21. That the further sum of one thousand dollars be, and is hereby, appropriated for the repair of injured volumes, and the purchase of new books for the State Library, the same to be expended under the authority of the Governor. Library. Sec. 22. That in all cases where the performance of any service or lobor is required by law, for which no provision is made for compensation, the Governor is hereby authorized to draw his warrant upon the Treasurer for such sum or sums as in his judgment may be a just compensation. For services authorized by law. Sec. 23. That the sum of fifteen thousand dollars, or so much thereof as may be necessary, be appropriated to pay the debts of the Penitentiary, when the same shall have been examined and audited by the Comptroller General; and this shall not apply to any debts contracted prior to June 1, 1865; and the sum of five hundred and forty-six dollars and forty-three cents be appropriated to pay J. W. Burke for stationery furnished this Legislature through the Secretary of State. Debts of the Penitentiary. J. W. Burke. Sec. 24. Be it further enacted , That the sum of one thousand

Page 11

dollars be, and the same is hereby, appropriated to reimburse N. L. Angier, State Treasurer, for a burglar-proof safe, purchased by him, and which is now in the vault of the Capitol; and that the Governor be authorized to draw his warrant for the said sum in favor of said N. L. Angier. N. L. Angier. Sec. 25. Repeals conflicting laws. Approved March 19, 1869. (No. 3.) An act to appropriate money for the payment of the amount now due and unpaid to the schools and colleges of this State for the education of indigent maimed soldiers. Section 1. The General Assembly do enact , That from and after the passage of this act, such sum as may be necessary be, and the same is hereby, appropriated to pay the schools and colleges in this State for the education of indigent maimed soldiers to January 1, 1869; and his Excellency the Governor is hereby authorized to draw his warrant upon the Treasury for the same, after the said demands are properly audited; Provided , Nothing in this act shall be so construed as to authorize the payment of any claims which may hereafter be created. Appropriation to pay the tuition of maimed soldiers. Governor's warrant. Proviso. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 12

TITLE III. CODEAMENDMENTS TO. Acts. Subjects. Sec. of Code. No. 4. CHANGING FISCAL YEAR 86 5. TAXATION UPON ASSOCIATIONS 813 6. EXECUTORS DE SON TORT 2406 7. ADMINISTRATORS' SALES 2518 8. PERFECTING SERVICE VS. R. R. CO'S. 3329 9. NOTICE FOR DISCHARGE OF ADM'RS 3565 10. DISTRESS WARRANTS 4010 CODEAMENDMENTS TO. Section. 1. Changing beginning of fiscal year. 2. Loan and Building Associations not taxable. 3. Executors de son tort when and how far liable. 4. Administrators' sales to be published once a week for four weeks. Section. 5. In relation to suits vs. railroads. 6. Citation for discharge of administrators to run three months. 7. Distress warrant for renthow obtained, c. (No. 4.) An act to amend the (86th) eighty-sixth section of Irwin's Code, changing the fiscal year so as to make it conform to the calendar year. Whereas, By the present Constitution of this State the Legislature is required to meet on the second Wednesday in January each year; and whereas, the fiscal year, as heretofore recognized by State officers, ought to be changed so as to conform to the change in the time of the meeting of the General Assembly; and whereas, it is desirable that uniformity should be preserved in the action of public officers in this respect; Preamble. Section 1. Be it therefore enacted, c. , That section eighty-six (86) of Irwin's Code be amended so that the fiscal year in this State be, and the same is hereby, declared to commence on the first day of January, and end on the thirty-first day of December of each year; and that the beginning of the present fiscal year shall be the first day of January, 1869; and that all public officers shall keep their accounts and make their reports accordingly. Section 86 of the Code amended, as to the fiscal year. Which shall commence first day of January. Sec. 2. Repeals conflicting laws. Approved March 20, 1869.

Page 13

(No. 5.) An act to explain section eight hundred and thirteen of Irwin's Code. Whereas, Section eight hundred and thirteen of Irwin's Code provides that the several railroads and other incorporated or unincorporated companies of every kind, except banks, which are not exempt by their charter or otherwise, or for which there is not a different method of taxation specially prescribed, pay the same rate per cent. upon the whole amount of their capital stock paid in as is levied on other capital, together with the same rate per cent. upon their net annual profits; and whereas, Loan and Building Associations are savings institutions, and invest all their capital as fast as it is paid up in taxable property; therefore Preamble. Section 1. The General Assembly of the State of Georgia do enact , That the said section eight hundred and thirteen of Irwin's Code shall not be so construed as to include Loan and Building Associations, but the same are hereby declared exempt from taxation upon their capital stock and net annual profits. Loan and Building Associations exempted from certain taxation. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 6.) An act to amend section 2406 of Irwin's Code in relation to Executors de son tort, and for other purposes. Section 1. Be it enacted, c. , That all persons who, without any fraudulent intent, may have, between the first of June, 1861, and the first of June, 1865, done such acts as make him or her executors de son tort , shall be severally liable to creditors of the estate intermeddled with only to the extent of the value of the personal property actually in the hands of such persons at the commencement of the suit, or the proceeds of the sale of the personalty, if the same has been sold, and either party, on the trial of suits instituted [in] such cases, may give in evidence the value of the currency at the time of sale for which said property sold. Liability of Executors de son tort. Sec. 2. Repeals conflicting laws. Approved March 16, 1869. (No. 7.) An act to alter and amend the 2518 th section Irwin's Code. Section 1. Be it enacted, c. , That section 2518 of Irwin's Code, which declares that if at any time it becomes necessary for the payment of the debts of the estate, or for the purpose of distribution, to sell the land of the decedent, the administrator shall, by written petition, apply to the Ordinary for leave to sell, setting

Page 14

forth in the petition the reason for such application, and notice of the same shall be published once every two weeks for two months before the hearing, be, and the same is, altered and amended as follows: And notice of the same shall be published once a week for four weeks before the hearing. Administrators' notice of the sale of land. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 8.) An act to alter and amend section 3329 of Irwin's Code, the same being in relation to suits against railroad companies. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly convened , That section three thousand three hundred and twenty-nine (3329) of the Code of Georgia be, and the same is hereby, so amended and enlarged as to embrace all causes of action against railroad companies by striking out of said section the following words, to-wit: In or by the running of the cars or engines, and by inserting after the word contracts the words made or. Codesection 3329amended. Suits against R.R. Companies. Sec. 2. Repeals conflicting laws. Approved March 4, 1869. (No. 9.) An act to alter and amend section 3565 of Irwin's Code, so as to change the length of time that Ordinaries are required to publish their citations for discharge of administrators. Section 1. Be it enacted, c. , That section 3565 of Irwin's Code be so amended as that Ordinaries shall be required to publish citations for the discharge of administrators three months instead of six months. Citationshow published. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 10.) An act to alter and amend section 4010 of Irwin's Code in relation to the issuing of distress warrants. Section 1. Be it enacted by the Senate and House of Representatives , That from and after the passage of this act, any person who may have rent due may, by himself, his agent or attorney, make application to any Justice of the Peace within the county where his debtor may reside, or where his property may be found, and obtain from such Justice a distress warrant for the sum claimed to be due,

Page 15

on the oath of the principal, his agent or attorney, in writing, for the said rent, which may be levied by any Constable, duly qualified, on any property belonging to said debtor, whether found on the premises or elsewhere, who shall advertise and sell the same, as in case of levy and sale under execution; Provided , If the sum claimed to be due exceeds one hundred dollars, said warrant shall be levied by the Sheriff of said county, or by his deputy, and when levied by a Sheriff, or his deputy, the Sheriff, or his deputy, shall advertise and sell as now provided by law for Sheriffs' sales. Codesection 4010 amended. Application for distress warranthow issued and Executed. Sec. 2. Repeals conflicting laws. Approved March 6, 1869. TITLE IV. COURTS. Act. Division I.SUPREME No. 11 Division II.SUPERIOR 12,13,14,15,16,17,18,19,20 Division III.CRIMINAL 21,22 I.SUPREME COURT. Section 1. Governor to purchase all the volumes subsequent to 31st volume. * * Act of October 6, 1868, authorized the Governor to purchase numbers of the Supreme Court decisions subsequent to 31st; except 34 and 35. This amendment of said act authorizes his Excellency to procure all the numbers above the 31st volume.Compiler. (No. 11.) An act to amend the act of October 6, 1868, entitled an act to require the Reporter of the Supreme Court to publish the decisions of the Supreme Court in pamphlet form, and to provide for the distribution of the same, and for other purposes. Section 1. Be it enacted, c. , That the words except 34 and 35 be stricken out of the sixth section of the above recited act. Sec. 2. Repeals conflicting laws. Approved March 20, 1869.

Page 16

II.SUPERIOR COURTS. Section. 1. In counties of Appling, Coffee, Ware, Clinch, Echols, Glynn, Wayne, Camden, Charlton, Pierce and Muscogeetimes of holding in, changed. 2. In county of Glynnmay hold two weeks in May and November. 3. In Muscogeechanged to 4th Monday in May and November. 4. In county of Bryanon 2d Monday after 4th Monday in March and 3d Monday after 4th Monday in OctoberProviso. 5. In CherokeeSummer Term ofon 4th Monday in August. 6. Suits, processes, c., hereby made returnable to said term; parties, c., must attend then. 7. In county of Clay4th Mondays of March and September. 8. Returns all business, c., then. 9. In Columbia countyon 4th Mondays in March and September. In Washington countyto 2d Mondays in April and October. In Johnson county4th Mondays in April and October. Section. In Emanuelto Thursday after 4th Mondays in April and October. Section. 10. All parties, jurors, witnesses, c., must attend said Courts as herein set forth; returns of all proceedings. 11. In Morgan countyheld on 1st Mondays in May and November. 12. Times of holding in the Southern Judicial Circuit. 13. Returns to, and parties in the respective Courts in said Circuit, governed by these changes. 14. In Putnamheld on the 3d Mondays in March and September. In Towns countyheld on the 4th Monday in May next; thereafter to be held as heretofore prescribed. 15. Rome Judicial Circuit createdcounties composing. 16. Tallapoosa Circuitwhat counties compose it. 17. Atlanta Circuitwhat counties compose it. 18. Times for holding in Rome Circuit. 19. Returns, parties, witnesses, c. (No. 12.) An act to change the time of holding the Superior Courts in the counties of Appling, Coffee, Ware, Clinch, Echols, Glynn, Wayne, Camden, Charlton, Pierce and Muscogee. Section 1. Be it enacted, c. , That from and immediately after the passage of this act, that the time of holding the Superior Courts in the counties of Appling, Coffee, Ware, Clinch, Echols and Wayne shall be changed as follows: Terms of the Superior Courtwhen held. That the Superior Court for the county of Pierce shall commence on Tuesday before the first Tuesday in April and October; for the county of Appling, on the first Tuesday in April and October; in Coffee, second Tuesday in April and October; in Ware, on third Tuesday in April and October; in Clinch, fourth Tuesday in April and October; in Echols, on Tuesday after first Monday in May and November; in Charlton, on second Monday in May and November; in Camden, on Thursday after Charlton Court; in Wayne, third Monday in May and November; in Glynn, on fourth Monday in May and November. In Pierce. In Appling. In Coffee. In Ware. In Clinch. In Echols. In Charlton. In Camden. In Wayne. In Glynn. Sec. 2. That the Superior Court of the county of Glynn be allowed to hold two weeks in May and November. (Two weeks in Glynn.) Sec. 3. That the time of holding Superior Courts of Muscogee

Page 17

county be changed from second Monday in May and November to fourth Monday in May and November. In Muscogee. Sec. 4. Repeals conflicting laws. Approved March 4, 1869. (No. 13.) An act to change the times of holding the Superior Court of Bryan county. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That from and after the passage of this act, the Superior Court of Bryan county shall be held on the second Monday after the fourth Monday in March, and on the third Monday after the fourth Monday in October, instead of the fourth Monday in April, and the second Monday after the fourth Monday in November, as now provided by section No. 3174 of Irwin's Revised Code; Provided , That the provisions of this act shall not operate to change the time of holding the approaching Spring Term of said Court, but the same shall be held at the time as provided in said section 3174 of Irwin's Code. Terms of the Superior Court in Bryan county. Sec. 2. Repeals conflicting laws. Approved March 8, 1869. (No. 14.) An act to change and fix the time of holding the Summer Terms of the Superior Court in and for the county of Cherokee, and for other purposes. Section 1. Be it enacted, c. , That from and after the passage of this act, the time for holding the Summer Terms of the Superior Courts in and for the county of Cherokee, be, and the same is hereby, changed from the first Monday in August to the fourth Monday in July, in each and every year. Summer terms of Superior Court in Cherokee county when held. Sec. 2. And be it further enacted , That all suits, processes, subp[UNK]nas, recognizances, and all persons bound to attend said Court, as heretofore held, shall be returnable, and required to attend said Court as changed by this act. Returnshow made. Sec. 2. Repeals conflicting laws. Approved February 23, 1869. (No. 15.) An act to change the time of holding the Superior Court for the county of Clay. Section 1. Be it enacted, c. , That from and after the passage of this act, the Superior Court for the county of Clay shall be held

Page 18

on the fourth Mondays of March and September, instead of the fourth Mondays in February and August, as it is now held by law. Sup. Court-when held. Sec. 2. And be it further enacted by the authority of the same , That all writs, actions and other legal proceedings returnable to the next February term of said Court be held as legal and binding as if returnable to the term to which the change is sought in the above section of this act. Returnshow made. Sec. 3. Repeals conflicting laws. Approved February 1, 1869. (No. 16.) An act to change the time of holding the Superior Courts in the counties of Columbia, Washington, Johnson and Emanuel, of the Middle Circuit. Section 1. The General Assembly of the State of Georgia do enact , That from and after the passage of this act, the times of holding the Superior Courts in the county of Columbia be, and is hereby, altered and changed from the first Mondays in March and September to the fourth Mondays in March and September; and that the times of holding the Superior Courts in the county of Washington is also changed from the second Mondays in March and September to the second Mondays in April and October; and that the times of holding the Superior Courts in Johnson county be changed and altered to the fourth Mondays in April and October; and that the times of holding the Superior Courts in the county of Emanuel be changed and altered to the Thursday after the fourth Mondays in April and October in each and every year. Superior Courtswhen held. In Columbia. In Washington. In Johnson. In Emanuel. Sec. 2. All parties, jurors, witnesses and processes of every description now, or at the time of this act going into effect, served, notified and returnable to the times and terms herein specified and changed, shall be bound to attend at the times herein specified and changed. Returnshow made. Sec. 3. Repeals conflicting laws. Approved February 19, 1869. (No. 17.) An act to change the times of holding the Superior Courts of Morgan county. Section 1. The General Assembly of the State of Georgia do enact , That from and after the passage of this act, the times for holding the Superior Courts for the county of Morgan, in said State, shall be the first Monday in May and the first Monday in November of each year, instead of the times now established by law. Superior Court in Morgan co. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 19

(No. 18.) An act to change the time of holding the Superior Courts of the Southern Circuit, and to provide for drawing juries for the same. Section 1. Be it enacted, c. , That the times for holding the Superior Courts of the Southern Judicial Circuit shall be fixed as follows: For the county of Thomas, the first and second Mondays in June and December, and that separate panels of jurors shall be drawn and summoned for each week; Brooks, the third and fourth Mondays in May and November, and that separate panels of jurors shall be drawn and summoned for each week; Lowndes, second Mondays in May and November; Colquitt, Wednesdays after the first Mondays in May and November; Telfair, fourth Mondays in April and October; Pulaski, the third Mondays in April and October; Laurens, the second Mondays in April and October; Berrien, the third Mondays in March and September; Wilcox, the second Mondays in March and September; Irwin, the Fridays after the second Mondays in March and September. Terms of the Superior Courtwhen held. In Thomas. In Brooks. In Lowndes. In Colquitt. In Telfair. In Pulaski. In Laurens. In Berrien. In Wilcox. In Irwin. Sec. 2. Be it further enacted by the authority aforesaid , That all writs, cases and processes returnable to said Courts prior to the passage of this act shall be held and considered as returnable to said terms of the Court, as herein specified, and shall be tried and disposed of as though the same were so returned. Returnshow made. Sec. 3. Repeals conflicting laws. Approved March 4, 1869. (No. 19.) An act changing the time of holding the Superior Courts of the county of Putnam, in the Ocmulgee Circuit, and the county of Towns, in the Blue Ridge Circuit. Section 1. Be it enacted, c. , That on and after the passage of this act, the regular terms of the Superior Courts of the county of Putnam, in the Ocmulgee Circuit, shall commence on the third Mondays in March and September, instead of the fourth Mondays as heretofore prescribed by law; and that the next Superior Court in the county of Towns, in the Blue Ridge Circuit, be held on the fourth Monday in May next, and thereafter that said Court be held at the time prescribed by law before the passage of an act changing the time of holding said Court, passed at the first session of the present General Assembly in 1868. Terms of Superior Court-when held. In Putnam. In Towns. Sec. 2. Repeals conflicting laws. Approved March 4, 1869.

Page 20

(No. 20.) An act to create a new Judicial Circuit, to be called the Rome Circuit; to change the boundaries of the Tallapoosa and Coweta Circuits; to change the name of the Coweta Circuit; to fix the times of holding Courts in said Circuits, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That a new Judicial Circuit, to be called the Rome Circuit, be, and is hereby, created, and shall be composed of the counties of Chattooga, Floyd, Polk, Paulding, Haralson and Walker, and a Judge and Solicitor General for said Circuit shall be appointed. The first Judge appointed in said Circuit shall hold his office for the term of four years. Rome Judicial Circuit created. Composed of. Sec. 2. The Tallapoosa Circuit shall hereafter be composed of the counties of Campbell, Coweta, Carroll, Heard, Troup, Fayette and Meriwether. Tallapoosa Circuit. Sec. 3. The Coweta Circuit shall hereafter be known as the Atlanta Circuit, and the same shall be composed of the counties of Fulton, DeKalb and Clayton. Atlanta Circuit. Sec. 4. The times of holding the Superior Courts in said Circuits shall be as follows: ROME CIRCUIT. Chattooga, first Monday in March and September. Floyd, third Monday in January and July. Polk, second Monday in February and August. Paulding, third Monday in March and September. Haralson, fourth Monday in March and September. Walker, last Monday in February and August. Sessions of Superior Court in Rome Circuit. THE TALLAPOOSA CIRCUIT. Campbell, second Monday in April and October. Coweta, first Monday in March and September. Heard, third Monday in March and September. Troup, third Monday in May and November. Fayette, fourth Monday in April and October. Meriwether, third Monday in February and August. Carroll, first Monday in April and October. In Tallapoosa Circuit. ATLANTA CIRCUIT. DeKalb, first Monday in March and September. Clayton, second Monday in March and September. Fulton, first Monday in May and November. In Atlanta Circuit. Sec. 5. All suits commenced, and all bonds and other proceedings taken, returnable to the terms of the Courts in said Circuits as heretofore fixed, shall be considered, deemed and held to be returnable to the terms of said Courts as fixed in this act. Sec. 6. Repeals conflicting laws. This act became a law by lapse of five days from its receipt by the Governor. Returnshow made.

Page 21

III.CRIMINAL COURTS. Section. 20. Repeals part of section 1 of an act of 7th October, 1868, as to certain counties, thereby giving all Justices of the Peace and Notaries Public within those counties equal criminal jurisdiction . Section. 21. Fines and forfeitures arising in Criminal CourtsHow disposed ofInsolvent costs in said Court. (No. 21.) An act to alter and amend an act entitled an act to organize a Criminal Court for each county of this State. Section 1. The General Assembly of the State of Georgia do enact , That so much of the first section of the above recited act as gives Justices of the Peace and Notaries Public, living in the Militia District in which the county town is situated and the Militia Districts having an incorporate town within their limits, exclusive jurisdiction to try offenses committed against the laws of this State, be, and the same is hereby, repealed, so far as the same extends to the counties of Banks, Oglethorpe, Hart, Milton, Cherokee, Forsyth, White, Lumpkin, Dawson, Twiggs, Dooly, Hall, Jackson, Greene, Taliaferro, Warren, Telfair, Montgomery and Irwin, and that the Justices of the Peace and Notaries Public appointed by the Governor in and for said counties of Banks, Oglethorpe, Hart, Milton, Cherokee, Forsyth, White, Lumpkin, Dawson, Twiggs, Dooly, Hall, Jackson, Greene, Taliaferro, Warren, Telfair, Montgomery and Irwin, shall have equal jurisdiction with the officers mentioned in the first section of the act of which this is amendatory. So much of the act as gives exclusive jurisdiction to Justices of the Peace and Notaries Public in Town Districts repealed as to certain counties. Sec. 2. Repeals conflicting laws. Approved March 9, 1869. (No. 22.) An act to dispose of money arising from fines and forfeitures in the new Criminal Courts of this State. Section 1. The General Assembly of the State of Georgia do enact , That from and after the passage of this act, it shall be the duty of all Justices of the Peace and Notaries Public, who are authorized by the laws of this State to hold Criminal Courts, to keep a strict account of all fines and forfeitures, out of which they shall pay themselves and their subordinate officers, pro rata, all costs which have accrued in their Courts, known as insolvent costs in criminal cases; the remainder, if any after such payments, they shall pay over to the County Treasurer, and report receipts and disbursements to the Clerk of the Board of Commissioners of Roads and Revenues of their respective counties, annually, to be by said Clerk entered upon the minutes of said Board. Fines and forfeitures in Criminal Courthow distributed. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 22

TITLE V. EDUCATION. Section 1. Act of the 18th December, 1866, repealed, which authorized the public education of maimed soldiers. (No. 23.) An act to repeal an act to educate the indigent maimed soldiers of Georgia, approved December 18, 1866. Section 1. Be it enacted , That the act entitled an act to educate indigent maimed soldiers of Georgia be, and the same is hereby, repealed. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. TITLE VI. ELECTIONS. Section. 1. Election of Justices of Peace and Constableswhen held. 2. Time fixed for subsequent elections of. Section. 3. Temporary Police to keep order on days of. (No. 24.) An act to provide for the election of Justices of the Peace and Constables throughout the State. Section 1. Be it enacted, c. , That an election for one Justice of the Peace and two Constables for each Militia District in this State shall be held on the first Saturday in April next. Elections of Justices of the Peacewhen held Sec. 2. And be it further enacted , That the next election for Justices of the Peace shall be held on the first Saturday in January, 1873, and every fourth year thereafter. Next election. Sec. 3. Repeals conflicting laws. This act became a law without Executive approval, by the lapse of five days from its receipt by the Governor without being returned by him.

Page 23

(No. 25.) An act for the more efficient preservation of peace and good order on election days in this State. Section 1. Be it enacted, c. , That in order to promote the more efficient preservation of peace and good order on all days of election in this State, the managers of all such elections shall be authorized to employ, when deemed necessary, a sufficient number of temporary police in order to carry out the objects aforesaid, whose duty it shall be to guarantee all legal voters, irrespective of race or color, the free exercise of the right of franchise; Provided , That this act shall not refer to cities and towns having a legalized police force. Preserva- of peace on days of elections. Franchise guaranteed. Sec. 2. Repeals conflicting laws. Approved March 16, 1869. TITLE VII. HOMESTEAD. Section. 1. Applicant for Homestead must bona fide include in his schedule all his effects. 2. Rents, profits, c., growing out of, belong to the Homestead. 3. Ordinary desiring to take Homestead applies to Clerk Superior Court. Section. 4. Applicant may claim realty in more counties than one. 5. Land in other countiesby whom surveyed. 6. Amends 12th section of act of October 3, 1868. (No. 26.) An act to prevent fraud in laying off the Homestead and Exemption of Personal Property under the new Constitution. Section 1. The General Assembly of Georgia do enact , That it shall be the duty of each and every person who claims the benefit of the Homestead and the one thousand dollars in specie value of personal property under the new Constitution, as the allowance is a liberal one, to act in perfect good faith; and as it is in the power of the debtor, claiming the exemption of personal property, to conceal part of his property or money, and to claim the balance as exempt, it shall be the duty of such debtor, when he takes steps in the Court of Ordinary, or before the proper Court, to have said exemption of personal property set off to him, to make a full and fair disclosure of all the personal property, including money, stocks and

Page 24

bonds of which he may be possessed at the time, and all such money or property which he may hold in excess of the one thousand dollars' worth, on the specie basis, shall be subject to levy and sale for the payment of his just debts, and if the money or other personal property of which he is possessed at the time of his said application, or at the time he obtains the order of Court setting off the property exempt, is fraudulently concealed, or is not delivered up for the benefit of his creditors, no exemption shall be made in his favor till it is so delivered up; and all orders of Court heretofore or hereafter obtained by the fraudulent concealment of property as aforesaid, or obtained while the debtor had personal property, money, stocks or bonds which he kept out of the reach of the levying officer, or did not, in good faith, deliver up for the benefit of his creditors, shall be null and void and of no effect, and the property set off to the debtor by such order, or judgment, shall be subject to levy and sale as if no such order, or judgment, had been rendered; and all property in which the debtor shall have invested the money, stocks, bonds, or personal property, fraudulently concealed by him, or kept out of the reach of his creditors, shall be subject to levy and sale, and liable to be sold for the payment of any debt then in existence, and the debtor guilty of willful fraud in the concealment of part of his property from his creditors, of which he is possessed when he seeks the benefit of the exemption, shall, on account of his fraud, lose the benefit of such exemption, and his property shall be subject to the payment of all just debts which he owed at the time such fraud was committed; but the property, when once set off to him by order of the Court, and the order recorded, shall be exempt as against all debts contracted after that time, but not as against pre-existing creditors whom he has attempted to defraud, by failing to give up to his creditors all property in his possession, subject to the payment of his debts, at the time he applied for the benefit of the exemption. Applicants for home-steads must exhibit a full and complete schedule of property. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 27.) An act to amend and secure the proceeds, profits or rents arising from Homesteads in this State, and for other purposes. Section 1. Be it enacted, c. , That from and after the passage of this act, all produce, rents or profits arising from Homesteads in this State shall be for the support and education of the families claiming said Homesteads, and said produce, rents or profits, as aforesaid, shall be exempt from levy and sale, except as is provided for in the Constitution; and except for stock, provisions, and other articles used in making the crop, necessaries for the family, medical services, and tuition for education. Rent, profits, c., of homesteads rest in party claiming. Sec. 2. Repeals conflicting laws. Approved March 16, 1869.

Page 25

(No. 28.) An act to amend an act entitled an act to provide for the setting apart and valuation of Homestead, assented to October 3, 1868. Section 1. Be it enacted, c. , That from and immediately after the passage of this act, when it shall occur that any Ordinary of any county in this State desires to avail himself of the Homestead Act, approved October 3, 1868, he shall file his application and schedule for the same with the Clerk of the Superior Court of his county, who shall receive said application and schedule, and proceed to set apart said Homestead in the same manner as is now provided by law for Ordinaries in this State, and receive the same fees. Ordinary may avail himself of home stead law. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 29.) An act to amend an act, approved October 3, 1868, to provide for setting apart a Homestead of Realty and Personalty. Section 1. The General Assembly do enact , That the above recited act be so amended as to allow the applicant, whenever he is not possessed of sufficient amount of realty situated, lying and being in the county of his residence, to embrace within his said application tracts of land situated, lying and being in other counties than that of his residence, in any county in this State. Homestead of lands in other counties. Sec. 2. That in such case, the Ordinary, before whom said application is made, shall cause the survey, valuation and plat of said lands, lying in counties other than the residence of the applicant, to be made by County Surveyor of the county where said lands are situated. By whom surveyed. Sec. 3. Repeals conflicting laws. Approved March 19, 1869. (No. 30.) An act to amend the 12 th section of the act entitled an act to provide for setting apart a Homestead of Realty and Personalty. Section 1. Be it enacted , That the 12th section of the act to provide for setting apart a Homestead of Realty and Personalty be amended by adding, at the close of the section, the words and the children of her deceased husband by a former marriage. Homestead act amended. Sec. 2. Repeals conflicting laws. Approved March 18, 1869.

Page 26

TITLE VIII. IMMIGRATION. Section. 1. A Domestic and a Foreign Commissioner of Immigration to be elected by joint ballot of General Assembly. 2. Domestic Commissionerhis office, seal and duties. 3. Domestic and Foreign Commissioners shall make certain publicationslimit, c. 4. Foreign Commissionerduties defined. Section. 5. Salary and fees of Domestic Commissioner. 6. Salary of Foreign Commissioner. 7. Both may co-operate with Agricultural Society. 8. They must report to the Governor, c. 9. Appropriation for this purpose. (No. 31.) An act to encourage immigration into the State of Georgia, and the investment of capital in lands. Section 1. Be it enacted, c. , That, as soon as practicable, after the passage of this act, the two Houses of the General Assembly shall, in joint session, elect one Domestic and one Foreign Commissioner of Immigration, and that said Commissioners so elected shall be commissioned by the Governor. Commissioners of immigration how and when elected. Sec. 2. The Domestic Commissioner shall hold his office for two years, unless sooner removed by the Governor, upon the address of two-thirds of the General Assembly. He shall have an office at the Capital of the State, and shall have power to use an official seal. He shall faithfully devote himself to the encouragement of the immigration of good citizens, laborers, artisans, mechanics, etc., and to the investment of capital in lands. Domestic Commissioner his office. Seal and duties. Sec. 3. The Domestic Commissioner, aided by the Foreign Commissioner, shall cause to be purchased, printed and circulated such publications as they shall deem advisable, tending to promote the general object herein contemplated; Provided , They shall not expend in printing and circulating such publications beyond $3,000 of the amount hereinafter appropriated, and that the State shall not be, directly or by implication, made liable for any expenditure for said printing and circulation beyond said sum of $3,000. Aided by Foreign Commissioner, shall make publication. $3,000 may be thus expended. Sec. 4. The Foreign Commissioner shall co-operate with the Domestic Commissioner in encouraging and facilitating immigration into the State, and the sale of lands to immigrants; and, to this end, shall visit Europe and remain there for the period hereinafter designated. Duties of Foreign Commissioner. Sec. 5. The annual salary of the Domestic Commissioner shall be two thousand dollars, and all the agencies said Commissioner may establish for the purpose of keeping a record of lands for

Page 27

sale, description, surveys, and other information relative to such lands, shall be paid for by said Commissioner; and to enable him to defray all said expenses, in addition to his salary, he is hereby authorized to charge and collect such fees for entering lands, descriptions, surveys, c., upon his books, and such per cent. upon any amounts realized from the sale of lands, and such fees for hiring laborers, mechanics, c., as he may agree upon with the parties for whom such service may be rendered. Domestic Commis'n'rsalary, c. Sec. 6. The compensation of the Foreign Commissioner shall be three thousand dollars, and for such compensation he shall be required to remain in Europe not less than one or more than two years. Salary of Foreign Commissioner. Sec. 7. That the two Commissioners herein provided for are hereby authorized to co-operate, as they may deem advisable, with any effort made, and to receive any assistance offered by, the State Agricultural Society, for the accomplishment of the purposes herein contemplated. Commissioners may co-operate with the Agricultural society. Sec. 8. Said Commissioners shall, one year after the date of their commissions, report to the Governor the plan they have adopted, and the results of said plan. Must make a report. Sec. 9. For the carrying out the purposes of this act the sum of $10,000 is hereby appropriated; and under no circumstances shall the State be liable for any sum of money on this account besides the said sum of $10,000 herein appropriated. $10,000 appropriated. Sec. 10. Repeals conflicting laws. This act became a law without Executive approval by the lapse of five days from its receipt by the Governor without being returned by him.

Page 28

TITLE IX. INCORPORATIONS. 1. BANKS AND BANKING COMPANIES. 2. IMPORTING COMPANIES. 3. INSURANCE COMPANIES. 4. MEDICAL COLLEGE. 5. MINING COMPANIES. 6. NAVIGATION COMPANIES. 7. RAILROAD COMPANIES. 8. STEAMBOAT COMPANIES. 9. TELEGRAPH COMPANIES. 10. TOWNS AND CITIES. 11. TURNPIKE COMPANIES. 12. WATER COMPANIES. I.BANKS AND BANKING COMPANIES. Acts. No. 32. Central Georgia Banking Company. No. 33. Commercial Banking Company. No. 34. Darien Banking Company. Acts. No. 35. Fort Valley Loan and Trust Company. No. 36. Savannah Bank and Trust Company. (No. 32.) An act to incorporate the Central Georgia Banking Company and the Muscogee Banking Company. Whereas, It is desirable to encourage and introduce capital in the State of Georgia to relieve the necessities of the planting, commercial and manufacturing interest; Section 1. Therefore be it enacted, c. , That John L. Jones, E. A. Wilcox, O. G. Sparks, E. L. Strohecker, and such persons as may hereafter be associated with them, their successors and assigns, are hereby created a body corporate, under the name and style of the Central Georgia Banking Company, and by that name may sue and be sued in any Court whatever, and with all the powers, privileges, and immunities which may appertain to the same by this act. Corporators Style. Liabilities and power. Sec. 2. The said Banking Company shall have the right to use a common seal. Seal. Sec. 3. Capital stock of said Bank shall be one hundred and fifty thousand dollars, with the privilege of increasing the same to five hundred thousand dollars, with shares of one hundred dollars each, to be paid in the manner hereinafter provided; and after ten per centum of the said present capital shall have been subscribed and paid in, the Company shall have a right to organize and transact business. Capital stock. Shares. Organize.

Page 29

Sec. 4. The said capital stock shall be paid in in installments, in such sums and at such times as shall be directed by the Board of Directors. After the payment of the first installment, a period of three months shall intervene between the calling in of each of the remaining installments, in the manner as aforesaid, by the Board of Directors; but nothing herein contained shall be construed to prevent the subscribers from paying in the whole of the installments at any time, if by them and said Board of Directors unanimously desired. Installments. Sec. 5. Whenever any subscriber shall fail to pay the amount of his subscription, or the amount due upon the shares, at the call of the Board of Directors, the Directors shall have the right to sell the share, or shares, of such subscribers at public auction, allowing him, or them, three months' time from the day of the notice thereof to fulfill his or their engagement; and whenever such sale shall have been made, the subscriber in default shall be held responsible for any loss resulting therefrom; and any benefit which may result shall be refunded by the Company to the said subscribers. Subscriber failing to pay. His shares may be sold. Sec. 6. The principal office of said Company shall be at Macon, in the State of Georgia; but it shall have the right to establish agencies in other counties and States, as its interests may require. Principal office. Sec. 7. The business of the Bank shall be managed by a Board of five Directors, three of whom shall constitute a quorum to transact business. The Board of Directors shall elect from their midst a President, who must always be a stockholderfailing in which he shall be disqualified for this office. The said John L. Jones, E. A. Wilcox, O. G. Sparks, and E. L. Strohecker shall be Directors of this Company from the organization until the first annual meeting of the stockholdersthe said meeting to be held as prescribed by the Directors under the by-laws, which they are hereby authorized and required to make for the government of the Bank, as its interests shall demand; but said by-laws shall not conflict with this charter nor the laws of this State. Businessby whom managed. President. By-Laws. Sec. 8. The President and Directors of this Company, at its organization, and at each annual meeting, shall elect a Cashier, who shall give bond and security, for the faithful performance of his duties, in such terms and sums of money as shall be satisfactory to the Board of Directors. The Board of Directors shall hold their offices for one year from the date of their election by a general meeting of a majority of stockholders. The acts of this Company shall be attested by the signatures of the President and Cashier, and the impress of its common seal affixed. Cashier elected. Term of office, c. Sec. 9. This Bank shall have a right to receive money on deposit, grant receipts for the same, and issue, in the transaction of business, all necessary and usual certificates and contracts; to make advances on real or personal property, or on both; to advance money to corporate bodies, to planters, farmers, factors or merchants; to make loans to governments or private individuals; to make advances for improvement or encouragement of transportation by water or land; to acquire, possess and direct any property,

Page 30

real or personal, which its interest may dictate; to nominate all the officers which the management of any such property may require; to deal in the precious metals, foreign or domestic exchange; to buy, discount, collect or sell promissory notes, bills of exchange contracts, bonds or choses in action, claims and rents; to require [acquire] any franchise by purchase or otherwise, and to perform all such acts to enforce the payment on fulfillment of any contract made to or with it. Bank rights enumerated. Sec. 10. There shall be at least one annual meeting of the stockholders, where each share shall be counted one vote, either in person or by proxy. At such meeting the Directors shall exhibit a full and complete statement of the business of the Company during the past year. Annual meetings. Sec. 11. After due provision shall have been made for all losses of the past year, and for any eventual losses of the future, for the payment of all officers, all legal taxes, and all liabilities of said Company, the Directors shall order a division of the profits, if any there be, among the stockholders of the Company in just proportion to the amount of stock by each held, and each stockholder shall be individually liable in proportion to the amount of stock owned by them for the ultimate payment of the liabilities of said Bank. Division of profits yearly. Liabilities. Sec. 12. The said John L. Jones, E. A. Wilcox, O. G. Sparks and E. L. Strohecker are hereby entitled commissioners for the opening and managing subscription books of the said Bank at Macon, or at such other places as they may deem necessary, for obtaining the capital required for this charter, which shall be one hundred and fifty thousand dollars, with privilege of increasing it to five hundred thousand dollars. Subscription book opened. Sec. 13. This act shall take effect immediately, and continue in force for thirty years. Sec. 14. Be it further enacted , That W. N. Hawks, W. A. McDougald, John Kyle, Jr., and S. B. Cleghorn, and their associates, successors and assigns, be, and they are hereby, constituted and made a body corporate and politic under the name and style of Muscogee Banking Company, of the city of Columbus, with the like power, privileges and grants, and with the same liabilities and restrictions as are conferred to the Central Georgia Banking Company. Corporators Name. Powers. Be it further enacted , That the principal office shall be located in Columbus, Georgia. Sec. 15. Repeals conflicting laws. Approved March 4, 1869.

Page 31

(No. 33.) An act to incorporate the Commercial Banking Company, in the city of Griffin. Section 1. The General Assembly of the State of Georgia do enact , That J. S. Jones, W. P. Drumwright, J. C. Freeman, James Neal and Samuel Bailey, with their associates and successors, do, [be] and they are hereby, constituted and made a body corporate and politic under the name and style of the Commercial Banking Company, and by this name shall have power to sue and be sued, to hold and possess any species of property, real, personal or mixed, and to sell and dispose of the same at pleasure; to discount notes and drafts; to buy and sell bills of exchange; to receive deposits on terms agreed upon by the parties; to make advances and loans on property, and to do a general business as a Bank of Discount and Deposit, but they shall have no power to issue notes or bills to be used as a circulating medium. Corporators Style. May sue, c. Powers generally. Sec. 2. The capital stock of said Company shall be two hundred thousand dollars, with power in the stockholders to increase the same to an amount not exceeding the sum of five hundred thousand dollars, to be divided into shares of one hundred dollars each. Certificates of stock shall be issued to each stockholder for the number of shares owned by him or her, which shall be transferable only on the books of the Company under such regulations as they may establish, and the individual property of the stockholder at the time of said suit shall be liable for the ultimate payment of the debts of the Company in proportion to the amount of stock owned by each stockholder. Capital stock. Shares. Transferable. Liabilities. Sec. 3. The officers of said Company shall consist of a President and four Directors, a Cashier, who may act as a Director, and such minor officers as they may deem necessary for the efficient management of their affairs. The President and Directors shall be elected for the first time when said Company shall be organized, and on the first Wednesday in October thereafter, and annually on said day, and shall hold their offices for one year, and until their successors are elected and enter upon the discharge of their duties. They shall have the general management and control of the affairs of said Company, subject to the supervision of the stockholders at their regular meetings. Officers of Company. President, c. how chosen. Sec. 4. The Cashier shall be elected by the Board of Directors, and shall give bond in such sum as they may direct. It shall be the duty of the Cashier to keep safely all moneys, notes, bonds, bills, or other property committed to his care, or shall come into his possession in the regular course of business, and he shall have power to bind the Company by signing notes, bills, checks, receipts, or certificates of deposits, in conducting the business of the Bank. Cashier elected. His duty. Sec. 5. The said Company shall have power to make all such by-laws and rules for conducting their business as they may deem necessary and expedient, and not in conflict with the laws of the

Page 32

land. They shall also have power to establish agencies at such points as they may deem proper. Powers of Company Sec. 6. The persons herein named as corporators shall (or a majority of them) meet and organize within twelve months after the passage of this act, and they may commence business so soon as seventy-five thousand dollars, in lawful currency of the United States, shall have been paid in by the stockholders. Must organizewhen. Sec. 7. The annual meetings of the stockholders of the Company shall be held at the banking house, in the city of Griffin, on the first Wednesday in October annually, and in all meetings of the stockholders and in all elections, each stockholder shall be entitled to one vote for each share owned by him, or which he may represent. Stockholders owning a majority of the stock may call meetings of the stockholders for the transaction of specific business, by giving ten days' notice in one or more of the newspapers published in Griffin. Annual meetings where held when. Votes. Called meetings. Sec. 8. The Board of Directors shall make semi-annual statements of the condition of said Company, on the first Monday in January and July of each year, to its stockholders, and annually to the Governor of the State of all its debts, liabilities and assets whatever, under oath of their President and Cashier before a Justice of the Peace, or other officer authorized to administer oaths, and such statement shall be kept in a book for that purpose for future reference. Semi-annual statements. Under oath. Sec. 9. The Company shall have a printed copy of this charter placed in a frame in their office, so that all parties may see the same, who wish to transact business therewith. Charter in a frame. Sec. 10. This act shall take effect from the time of its passage, and continue in force thirty years, and all acts militating against the same are hereby repealed. Takes effectwhen. Approved March 4, 1869. (No. 34.) An act to incorporate the Darien Banking Company, and for other purposes. Section 1. Be it enacted, c. , That C. L. Langdon, Walter T. McArthur, Middleton Graham, Gilbert Gignilliat, E. S. Barclay, John J. McArthur, E. D. Graham, and such other persons as they may hereafter associate with them and their successors and assigns, are hereby constituted a body corporate and politic, under the name and style of the Darien Banking Company, and by that name they shall have power to sue and be sued, to hold and possess any species of property, real, personal or mixed, and to sell and dispose of the same at pleasure; to discount notes and drafts, to buy and sell bonds, bills of exchange and promissory notes, and advance and loan moneys, securities and credits, and may charge and receive, in addition to interest, such a commission on advances of money and negotiating loans as may be agreed upon

Page 33

between said Company and the party or parties buying or selling such bonds, bills of exchange and promissory notes, or borrowing or receiving such moneys and securities or credits; to receive deposits on terms agreed upon by the parties, and to do a general business as a Bank of Discount; but they shall have no power to issue notes or bills to be used as a circulating medium. Corporators Style. Powers. Sec. 2. The capital stock of said Company shall be fifty thousand dollars, with the power in the stockholders to increase the same to any amount not exceeding the sum of two hundred thousand dollars, to be divided into shares of one hundred dollars each. Certificates of stock shall be issued to each stockholder for the number of shares owned by him, which shall be transferable only on the books of the Company under such regulations as they may establish, and the stock of each stockholder shall at all times be bound for the debts he may owe to the Company, and the stockholders for the time being shall be individually liable, in proportion to the amount of their stock, for the ultimate payment of the debts of the corporation. Capital stock may increase. Shares. Liability. Sec. 3. The officers of said Company shall consist of seven Directors, one of whom shall be President, elected by a majority of the votes of said Directors; a Cashier, and such minor officers as the [they] may deem necessary for the efficient management of their affairs. The President and Directors shall be elected annually on the first Wednesday in February, and shall hold their offices for one year, and until their successors are elected and have taken their seats. They shall have the general management and control of the affairs of said Company, subject to the supervision of the stockholders at their regular meetings. Directors, President, Cashier, c. Elections. Term of office. Who shall manage, c. Sec. 4. The Cashier shall be elected by the Board of Directors, and shall give bond in such sum as they may direct. It shall be the duty of the Cashier to keep safely all moneys, notes, bonds, bills, or other property committed to his care, or shall come into his possession in the regular course of business, and he shall have power to bind the Company by signing notes, bills, checks, receipts or certificates of deposits in conducting the business of the Bank. Cashierhow elected and duties of. Sec. 5. The said Company shall have power to make all such by-laws, rules and regulations for conducting their business as they may deem necessary and expedient, and not in conflict with the laws of the land. They shall also have power to establish agencies at any point they may deem proper. By-laws, c. Agencies. Sec. 6. The persons herein named as corporators shall meet and organize within twelve months after the passage of this act, and they may commence business so soon as twenty thousand dollars, in lawful currency of the United States, shall have been paid in by the stockholders. Organizewhen. Commence businesswhen. Sec. 7. The annual meetings of the stockholders of the Company shall be held at the banking house, in the city of Darien, on the first Wednesday in February annually; and in all meetings of the stockholders, and in all elections, each stockholder shall be entitled to one vote for each share owned by him. Stockholders owning a majority of the stock may call meetings of the stockholders

Page 34

for the transaction of any specific business by giving thirty days' notice. Annual meetings. Votes. Sec. 8. That the Board of Directors shall make semi-annual statements of the condition of said Company on the first Mondays in January and July in each year to its stockholders, and to the Governor of the State, of all its debts, liabilities and assets whatever, under oath of the President and Cashier, before a Justice of the Peace, or other officer authorized to administer oaths, and such statements shall be kept in a book for that purpose for future reference. Semi-annual statements. Under oath. Sec. 9. The Company shall have a printed copy of this charter placed in a frame in their office, so that all parties may see the same, who wish to transact business therewith. Charter in frame. Sec. 10. Be it further enacted , That P. M. Compton, Sam. McComb, L. Carrington, L. H. Briscoe, A. H. Kenan, C. H. Wright, M. Waitzfelder, T. F. Newel, and their associates and successors, be, and are hereby, constituted and made a body corporate and politic, under the name and style of the Merchants' and Planters' Bank of Milledgeville, with the like powers, privileges and grants, and with the same liabilities and restrictions, as are conferred to the Darien Banking Company, incorporated by this act. Corporators Style. Powers, privileges, c. Sec. 11. Be it further enacted , That the office of the Merchants' and Planters' Bank of Milledgeville shall be in the city of Milledgeville. Location of office. Sec. 12. Be it further enacted , That the capital stock of the Merchants' and Planters's Bank of Milledgeville, incorporated by this act, shall be fifty thousand dollars, with power to increase the same to two hundred thousand dollars. Capital stock. Sec. 13. Be it further enacted , This act shall take effect from the time of its approval by the Governor, and continue in force for thirty years. Take effectwhen. Sec. 14. Repeals conflicting laws. Approved March 4, 1869. (No. 35.) An act to amend an act entitled an act to incorporate the Fort Valley Loan and Trust Company, approved October 10, 1868. Section 1. Be it enacted, c. , That the fourteenth section of an act entitled an act to incorporate the Fort Valley Loan and Trust Company, approved October 10, 1868, be, and the same is hereby, repealed. Sec. 2. Repeals conflicting laws. Approved February 19, 1869.

Page 35

(No. 36.) An act to incorporate the Savannah Bank and Trust Company, of Savannah. Section 1. Be it enacted, c. , That Wm. N. Habersham, A. L. Hartridge, Morris Ketchum, Frederic Zerga, Mile Hatch, J. G. Mills, of Savannah, and R. R. Graves, of New York, be, and they are hereby, constituted and appointed Commissioners to open books of subscription to the capital stock of the Company by this act to be incorporated and located in the city of Savannah, in this State, to be called the Savannah Bank and Trust Company of Savannah. Said Commissioners, or any two of them, shall have power, and are hereby authorized, to keep open said books for such time as they think proper, in the city of Savannah, and in the city of New York, if they deem it proper so to do, and receive all subscriptions that may be offered, to an amount not exceeding in the whole one million of dollars, in shares of one hundred dollars each, whereof fifty per cent. shall be paid to said Commissioners at the time of subscription; but should it so happen that subscriptions to an amount exceeding one million of dollars, which shall be the extent of the capital stock of said Company, be received by the acting Commisioners while the books are open, it shall be their duty to scale down the subscriptions for the greatest number of shares, so as to reduce the whole subscription to one million of dollars. And said Commissioners shall give notice of the time and place, or times and places, of opening such books by publication in at least one newspaper published in the city of Savannah, and in such other papers as they may deem best, at least twenty days before the time appointed for opening the books. All subscriptions which may be made in pursuance of this act shall, with the exception of the payment hereinbefore required to be made at the time of subscription, be binding on the subscribers respectively, their heirs and legal representatives, and be payable in such installments and at such times as the President and Directors, to be constituted under this act, may prescribe in conformity with the provisions of this act. Corporators Books of subscription. Location. Style. Powers. Subscription in excess of one million dollars. Shall be scaled down Notice to open books. Subscriptions bind Representatives. Sec. 2. That when the subscriptions authorized in the first section of this act shall amount to one million of dollars, or when two hundred thousand dollars in cash shall have been raised by said Commissioners, on account of said subscriptions, then said subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Savannah Bank and Trust Company, of Savannah, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in any Court having jurisdiction in the subject-matter involved, and shall be capable of receiving, purchasing, holding, owning and using property of all description; of aliening, conveying, leasing, mortgaging, or otherwise disposing of the same in any manner that a natural person lawfully might dispose of similar property. Said Company shall

Page 36

have power to make and use, renew and alter, at pleasure, a corporate seal, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this act and the business of said corporation not inconsistent with the laws of this State or of the United States. When a corporate body. Succession. Style. Corporate powers. Sec. 3. That when the Commissioners, who may act to receive subscriptions, as provided for by the first section of this act, shall have received two hundred thousand dollars in cash on account thereof, they shall cause notice to be given to the subscribers, by advertisement in at least one newspaper published in the city of Savannah, and elsewhere, if they see fit, two consecutive weeks prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place to be designated in the publication, to organize and elect a Board of Directors. On the assembling of the subscribers, or such of them as may choose to attend, the Commissioners who may act shall proceed to hold an election for Directors of the Companynine in numberto be chosen by ballot from the stockholders; and no person shall be a Director of said Company who shall not be a stockholder to the extent of twenty shares or upwards. All stockholders, at all elections of the Company, and in all matters pertaining to the interests of the Company acted on in convention, shall be entitled to one vote for every share of stock owned, and may vote in person or by proxy, in writing. Executors and administrators shall be entitled to control the votes to which the testator or intestate would be entitled if living, and the stock of minors will be represented by their guardians. All votes shall be by ballot, and in all cases a plurality of the votes given shall elect. That the Commissioners who may act (any three or more named in the first section of this act,) shall be judges of the first election of Directors, and shall receive and count the votes and ascertain the result, and certify accordingly; and the certificate of three or more of said Commissioners who may act shall be sufficient evidence of the election of persons declared by them to be elected. After the election of said Directors, the Commissioners shall deliver to the Board of Directors chosen all moneys and credits in their hands, and the subscription books to the stock of said Company, and an account of all their actings and doings as such Commissioners; whereupon their functions shall cease. Notice when to be given. Board of Directors. How and when elected. Qualifications for Directors. Votes. Executors and adm'r's may control vote. Judges of election. Sec. 4. That the first and all subsequent Boards of Directors shall be elected to serve one year, or until the election of their successors; and each Board shall choose one of their own number as President, who shall act as President of the Company, and shall be so styled, and shall hold the office of President until the election of his successor. Every Board of Directors shall have power to fill all vacancies which may occur in the office of Director or President, and may appoint from their own body, or from the body of stockholders, a Vice-President, to assist the President and to serve as President of the Company during the absence of the regular President. Boardterm of office. President. Vacancies filled. Sec. 5. That the number of Directors of said Company shall

Page 37

consist of five, including the President; but the Company, in convention, shall have power to increase the number of Directors as may be desired. A majority of Directors, known to be in the city of Savannah at the time of meeting, including the President, or President pro tempore , shall constitute a Board for all purposes, which shall have power to enact all by-laws which may be deemed necessary and proper for the business of the Company, and may amend and repeal the same, and may exercise all the powers granted by this act to the Company to be organized under it; and may confer on the President, and other officers to be appointed, such powers as may be deemed proper, consistent with this act; and may appoint all such officers and agents as the Board may deem necessary and proper for the business of the Company, and fix the rate of their salaries or compensation, and may require of any officer or agent appointed by the Board such bond and security as may be deemed proper to secure the faithful discharge of duty and trust of officer or agent, and may declare and pay, or cause to be paid, to the stockholders, at such times and manner as they may think proper, dividends from the earned profits of the Company; Provided, always , That the stockholders, in convention, shall have power to regulate and limit the discretionary powers conferred on the Board of Directors, and to repeal, alter or amend any by-laws or regulation which may be enacted or established by the Board of Directors. Number of Directors. May be increased. President pro. tem. powers of. Salaries, compensation, bonds of officers, c. Sec. 6. That in case the subscriptions to the capital stock of said Company, received by the Commissioners while exercising their functions under this act, shall not reach one million of dollars, the Board of Directors, after the organization of said Company as hereinbefore provided, may continue to receive additional subscriptions to the stock of the Company on such terms and payable in such manner as the Board may prescribe, until the whole sum, namely, one million of dollars, authorized to be subscribed for by this act, shall have been subscribed. Certificates of stock shall be issued to stockholders in such form and manner as the Board of Directors may prescribe; and the Board shall have power, from time to time, to prescribe and regulate the manner in which the stock, or certificates of stock, may be transferred; but no tranfer or assignment of stock shall operate to release the subscriber from any obligation to the Company without the express agreement or consent of the Board of Directors. Subscription failing to reach $1,000,000. Books kept open. Certificates issued, c. Sec. 7. That in case any subscriber to the stock of the Company shall fail or refuse to pay any of the assessments or calls for payment which may be made by the Board of Directors within the time required, the Board of Directors may, at any time thereafter, proceed to enforce the payment of the entire indebtedness for subscription to stock of such defaulting subscriber by bringing suit therefor in the Courts of the city or county where such defaulting subscriber resides, and when no valid defense is set up, judgment shall be given and entered at the first term of the Court to which suit is brought, or the said stock belonging to such delinquent may, by resolution of the Board of Directors, be sold, in

Page 38

which case the portion previously paid in shall be forfeited to the Company. Subscribers failing to pay at maturity. Payment may be enforcedhow Sec. 8. That any number of the stockholders of said Company, who own or represent at the time one quarter of the actual capital stock, may, by giving twenty days' notice thereof in at least one of the newspapers published in the city of Savannah, call a meeting or convention of all the stockholders of the Company at such time and place, in the city of Savannah, as may be in said call designated, but no act of the stockholders, in convention, except the election of Director, shall be valid or binding on the Company unless a majority of the stock shall be represented. Who may call a meeting or convention. Sec. 9. That the said Savannah Bank and Trust Company shall have power and authority to receive deposits and issue certificates for the same, paying such rates of interest as may be agreed upon, and under such rules and regulations as said corporation may establish; and the said corporation shall, and are hereby authorized to, act as Trustees, by appointment of any Court of the State, or by the selection of any executor or executors, or individual or individuals, for themselves or for the benefit of any minor or minors for whom they may be acting; and funds in litigations in the various Courts of the State may be deposited in said Savannah Bank and Trust Company, pending said litigation, bearing the same interest as similar deposits. General Powers of said Company. Trustees. Sec. 10. That all special trusts for permanent investment shall only be invested by them in bonds of the United States, or bonds of the State of Georgia, or bonds endorsed or guaranteed by the State of Georgia, or in bonds or stocks of States, cities or companies, whose bonds or stocks, at the time of such investment, shall, in the market, be at par or over. Special trustshow invested. Sec. 11. The said Savannah Bank and Trust Company shall make, annually, to the Governor of the State, a correct and sworn statement of their affairs. Must make annual returns to the Governor. Sec. 12. That said corporation shall have power to receive money on deposit, paying therefor such interest as may be agreed upon; to loan and borrow money; to take and give therefor such securities as may be considered best; to invest its funds upon such terms as they deem best, and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and do all other acts it may deem advisable for the safe-keeping and secure and profitable investment of its funds. Powers of. Sec. 13. That the said Company shall be responsible to its creditors to the extent of its property; and the stockholders shall be liable to the extent of the full amount of their respective unpaid stock subscribed for by them for the debts of the Company in proportion to the number of shares held by them. Liabilities. Sec. 14. That this act, and all the privileges and powers herein granted, shall continue in force for the term of thirty years from and after the organization of the Company which may be organized under said act; and the property, funds and business transactions of said Company, during its existence, shall be subject to the same rate of taxation as is or may be imposed by law on money or

Page 39

property of the same kind and similar business transactions of individuals, like corporations or citizens of this State. Duration of charter. Taxation. Sec. 15. That this charter shall be of force and effect for the term of thirty years. Sec. 16. That if the sum of half a million of dollars be not subscribed and actually paid in within three (3) years after the passage of this act, then all the privileges hereby and herein granted shall be forfeited. Half million must be paid within three years, or charter ceases. Sec. 17. Repeals conflicting laws. Approved March 4, 1869. IIIMPORTING COMPANIES. Act No. 37.Georgia Importing Manufacturing Guano Company. (No. 37.) An act to incorporate the Georgia Importing Manufacturing Guano Company. Section 1. Be it enacted, c. , That Robert F. Maddox, L. S. Salmons, C. B. Wellborn, E. R. Sasseen, J. H. Connally, N. M. Cline, Thomas G. Simms, W. L. Gordon, James F. Alexander, J. N. Simmons, William M. Tumlin, their associates and successors, are hereby constituted a corporation, by the name of the Georgia Importing Manufacturing Guano Company, for the purpose of importing guano and other commercial manures into the State of Georgia, for sale and distribution among the stockholders in said corporation, and, for such purpose, may erect all necessary buildings and warehouses, purchase, hire or build ships, and by the said name sue and be sued, plead and be impleaded, appear, prosecute and defend any suit in any Court of law and equity in this State; may have and use a common seal, and the same alter or renew at pleasure; and may enjoy all the privileges incident to corporations in this State; and may purchase and hold, mortgage, transfer and convey and real and personal estate. Corporators StylePurpose of. Powers. Sec. 2. Be it further enacted , That the capital stock of this corporation shall not be less than one hundred thousand dollars, and may be increased to three hundred thousand dollars, and is authorized to commence business when ten per cent. of the capital stock herein authorized in cash is paid into the treasury of said corporation. Capital stock. Sec. 3. Be it further enacted , That the capital stock of this corporation shall be divided into shares of one hundred dollars each, and that persons hereinbefore named as corporators are hereby authorized to open books of subscription at Atlanta, Georgia, and at such other places in Georgia as a majority of said corporators may direct, and to receive subscriptions to said capital stock; and when one hundred thousand dollars shall have been subscribed, and ten per cent. of the same be paid, the said corporators shall

Page 40

call a meeting of the stockholders in said corporation, for the purpose of electing a President and five Directors, for conducting and carrying on the business of said corporation, which election shall be held in the city of Atlanta at such time as may be fixed by said corporators, notice of which shall be given by advertising the same in a public gazette, published in the city of Atlanta, at least two weeks. At said election each stockholder shall be entitled to one vote for each share owned by him, and a majority of the shares of said capital stock shall be necessary to the election of said officers. Shares. Open books of subscription. When a President shall be elected. Electionwhere held. Electoral qualifications. Sec. 4. Be it further enacted , That the President and Directors of said corporation, elected as aforesaid, shall be authorized to make contracts in the name of said corporation, and generally to direct the business of the same, in accordance with the powers hereinbefore conferred, and to make such rules and regulations for the purchase, importation, sale and distribution of guano and manures as may be necessary for the successful and profitable exercise of powers herein conferred. Powers of the President and Directors. Sec. 5. Be it further enacted , That, after paying the necessary expenses of said corporation, and paying to the officers of said corporation such reasonable salaries as the Directors may fix, the profits realized by the same shall be semi-annually distributed among the stockholders, in proportion to the shares owned by them, and shall be paid in cash, or in manure, as the stockholders shall choose; Provided , That when a stockholder shall elect to receive, as his portion of the profits of said corporation, guano , he shall receive the same at the purchase price, with freight and storage added. Profits to be distributed. Sec. 6. Be it further enacted , That said corporation shall be responsible to its creditors to the extent of its property, and the individual stockholders to the extent of the amount of their respective stock not paid up. Liabilities of stockholders. Sec. 7. Be it further enacted , That this charter, and all its privileges and powers herein granted, shall continue in force for the term of thirty years. Duration. Sec. 8. Repeals conflicting laws. Approved March 6, 1869.

Page 41

III.INSURANCE COMPANIES. No. Act. 38. Cotton States' Life Insurance Company. 39. Georgia Life Insurance Company. 40. Georgia Male and Female Mutual Life Insurance Company. 41. Georgia Mutual Aid Company. 42. Georgia Mutual Fire and Life Insurance Company. 43. Georgia Home Insurance Company. No. Act. 44. Georgia Benevolent Mutual Life Insurance Company. 45. Georgia Methodist Mutual Life Insurance Company. 46. Southern Masonic Assurance Society. 47. Workingmen's Mutual Relief Association. (No. 38.) An act to amend an act entitled an act to incorporate an insurance company, in the city of Macon, to be called the Cotton States' Life Insurance Company. Section 1. The General Assembly of the State of Georgia do enact , That the above recited act be so amended that the Cotton States' Life Insurance Company may commence business when the sum of five hundred thousand dollars has been bona fide subscribed to the capital stock thereof, and one hundred thousand dollars in United States currency has been paid in on the stock. Commence businesswhen. Sec. 2. The said Company shall deposit with the Comptroller General of the State of Georgia, or with some strong corporation which may be approved by said Comptroller General, one hundred thousand dollars in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders, under the rules and regulations specified in the seventh article of the act of which this is amendatory. Securities to be deposited with Comp. Gen., c. Sec. 3. Repeals conflicting laws. Approved February 10, 1869. (No. 39.) An act to incorporate the Georgia Life Insurance Company. Section 1. Be it enacted, c. , That Edward E. Rawson, S. L. Langston, A. G. Brenizer, C. C. Hammock and E. N. Chamberlain, and such others as they may hereafter associate with them, and their successors, are hereby made and constituted a body corporate and politic under the name and style of the Georgia Life Insurance Company. The object and purposes of said corporation shall be to make insurance upon the lives of individuals and every insurance pertaining thereto, or connected therewith, and to grant, purchase and dispose of annuities. Corporators Style. Object of. Sec. 2. The capital stock of said Company shall be one hundred thousand dollars, divided into shares of one hundred dollars each, which shall be personal property, transferable only on the books

Page 42

of said Company in conformity with the by-laws. The said capital stock of one hundred thousand dollars shall be paid in under such rules and regulations as may be adopted by a majority of the Company; and when so done and invested in bonds and mortgages on real estate, worth at least double the amount so invested, they may commence business and prosecute the same for the purposes herein declared. Capital stock Shares. Stock paid in under cert'n rules. Commence business. Sec. 3. The principal office for the transaction of its business shall be in the city of Atlanta, county of Fulton, and State of Georgia. So soon as this act shall become a law, the corporators herein mentioned, or a majority of them, may meet and organize and open books of subscription for stock, under such rules as they may adopt, and to close the same at pleasure. The corporate powers of said Company shall be vested in a Board of Directors, and shall be exercised by them and by such officers and agents as they may, from time to time, appoint and empower. The Board of Directors shall consist of not less than five nor more than twenty personsa majority of whom shall be citizens of Georgiaeach of whom shall be a proprietor of at least ten shares of the capital stock of said Company. The Board of Directors shall have power to remove any Director for cause, as shall be provided in the by-laws, and said Board shall have power to declare by by-laws what number of Directors, not less than five, shall constitute a quorum for the transaction of business. The Board shall elect annually from their number a President, and may, at their option, elect a Vice-President. They shall also appoint a Secretary, and such other officers as they may deem requisite, who shall hold office during the pleasure of the Board of Directors. Said Directors shall have power to enact by-laws, rules and regulations for the government of the officers and agents, and for the management of the affairs of the Company, not inconsistent with the charter, or with the Constitution and laws of this State. Location of principal office. May organize when and how. Corporate powers in whom vested. Not less than five Directors. Qualifications of. Powers of Board. May elect a Vice-President, appoint Secretary, c. Term of office. The Directors may determine the rates of premium, and the greatest amount to be insured on any one life, and the general terms upon which such insurance shall be effected, and shall have power to purchase, for the benefit of the Company, any policies of insurance or other obligations of the Company. Rates of premium. Sec. 4. The said Company shall be capable of holding, receiving, purchasing and possessing any property, real or personal, for the benefit or advantage of said corporation, and to sell or otherwise dispose of the same; may have and use a common seal, which they may break, alter and renew at pleasure; may, by their corporate name, sue and be sued, plead and be impleaded, assure and be assured unto in any Court of law and equity in this State having competent jurisdiction; and that all the property of the stockholders shall be liable for the debts of the corporation. Special powers enumerated. Sec. 5. The said Company may issue to any married woman in her name, or in the name of a third person, as trustee, to cause to be insured for her sole use, the life of her husband for any given period, or for the term of his natural life, and in case of her surviving her husband, the net amount of the insurance shall be payable

Page 43

to her, for her sole use and benefit, free from any claims of either or any of the creditors or representatives of her husband; and in case of the death of the wife before the decease of the husband, the amount of the said insurance may be made payable, after her death, to her child, or children, for his, her or their benefit, or to his, her or their guardian or guardians, if under age or otherwise. May insurewhom and how. Sec. 6. It shall be lawful for said corporation to loan its funds and moneys, or any part thereof, upon bonds and mortgage of real estate with at least double the amount so loaned, and upon State stocks, bank stocks, and other good and sufficient securities. Loans may also be made to policy-holders, in said Company, in amounts not exceeding the sum, or sums, for which they are insured, on such terms and conditions as may be ordained by the Board of Directors, to the policy-holders, whose [who] shall pay, or cause to be paid, the highest premium, bid or proposed, for the privilege of obtaining such loans; Provided , That not more than seven per cent. per annum interest shall be received on the principal sum loaned as aforesaid. Powers and liabilities. Proviso. Sec. 7. The Board of Directors may, at any time, under such rules and regulations as they may adopt for that specific object, deposit, in the hands of the Comptroller General of this State, the sum of one hundred thousand dollars invested in bonds and mortgages of real estate, with double the amount loaned, and when the said deposit is so made, the Comptroller General shall give a certificate, under his official seal and signature, that said deposit has been made by said Board of Directors. Directors may deposit with Comp. Gen., c. Sec. 8. The capital stock of said Company may be increased, at any time, by a vote of a majority of the stockholders, to a sum not exceeding five hundred thousand dollars. Stock may be increased, c. Sec. 9. Repeals conflicting laws. Approved March 19, 1869. (No. 40.) An act to incorporate the Georgia Male and Female Mutual Life Insurance Company. Section 1. Be it enacted by the General Assembly of the State of Georgia , That John McLaughlin, Rodolphus B. Knight, Franklin M. Mynell, John A. Stephenson, A. G. McArthur, W. T. McArthur, and their associates and successors, be, and they are hereby, created a body politic and corporate, to be known as the Georgia Male and Female Mutual Life Insurance Company, for the purpose of insuring the lives of each other upon the payment, by each member of the Company, of such sum, or sums, as may be required by the laws and regulations of the Company, with the power to sue and be sued; to buy, own, enjoy and convey property for the use of the corporation; to make, have and alter a common seal; when found necessary, to appoint agents, and to ordain, establish and

Page 44

put in execution such by-laws, rules and regulations as shall be necessary and convenient for the government of said corporation, and for carrying into effect the object and purposes of the same, not inconsistent with the laws of the United States and the State of Georgia. Corporators Style. Purposes. May Sue.c. Seal, agents, by-laws. Sec. 2. Said corporation shall be managed by six Directors, a majority of whom shall constitute a quorum for the transaction of business, and the said named Directors can elect, at their annual meetings, one Director from each county, when the number of persons insured shall number two hundred in a county. The Board of Directors shall elect, out of their number, a President to serve for the term of twelve months, or until a successor is elected, and shall have power to fill any vacancy which may occur in the office of President, or in their Board, by death or otherwise, and shall elect a Secretary and Treasurer, to serve for the term of twelve months, or until a successor is elected, and all the vacancies which may occur in the office of Secretary and Treasurer shall be filled by the Board of Directors aforesaid. By whom managed quorum. Directors. Presidentterm of office. Vacancies. Secretary and Treasurer. Sec. 3. The principal office of said corporation shall be in the city of Savannah, at which place all the annual meetings of the corporation shall be held at such time as may be prescribed by the by-laws. Principal office. Sec. 4. The members of the corporation shall be male and female, in good standing in society, and in complying with the terms of membership, as prescribed by the by-laws, shall entitle each member to all benefits to be derived from said corporation; and the President and Directors shall have power to call extra meetings at such times as in their judgment the interest of the corporation may require. Who shall be members Extra meetings. Sec. 5. That the amount due upon the decease of a member of the Company shall be paid to the person or persons entitled to the same, according to the by-laws, (or to such person or persons as such members may designate by his or her last will and testament,) and in all cases the same shall be paid to such person or persons as may be entitled thereunto as aforesaid, free from any debt, contract or liability of such deceased member, and shall in no case be subject to any lien against him or her, by judgment or otherwise; Provided , Nothing herein contained shall prevent any creditor, by contract or judgment, from recovering under the laws of this State. Dues to deceased memberto whom, and how paid. Liens shall not attach. Sec. 6. Repeals conflicting laws. Approved March 4, 1869. (No. 41.) An act to incorporate the Georgia Mutual Aid Company, in the city of LaGrange, Troup county, Georgia, with certain rights and privileges. Section 1. Be it enacted, c. , That Wiley P. Burks, Robert A. T. Ridley, William M. Cunningham, Blount C. Ferrell, Charles W.

Page 45

Mabry, Sherwood W. Swanson, John J. Callaway and Daniel McMillan, and their associates and successors in office, are hereby created a body politic and corporate, by the name and style of the Georgia Mutual Aid Company, and by that name shall be capable of suing and being sued in any of the Courts of law and equity in this State or elsewhere, and have all the powers and privileges incident to their corporation; to make, have and use a common seal, and the same to alter and renew at pleasure; elect their own officers, appoint their agents, and fix the salaries of the same; fill any vacancy that may occur in their body, and also make rules, by-laws and ordinances, and to do everything needful for the good government and management of the affairs of said corporation; Provided , That said rules, by-laws and ordinances shall not be repugnant to the Constitution and laws of the United States or of this State. Style. May sue,c. Common seal. Agents, salaries, vacancies, by-laws, c. Proviso. Sec. 2. That said corporation shall have power to organize an association for the purpose of aiding the widows and orphans or heirs and legatees and assigns of those who may become members of the Association. May organize an associationpurpose. Sec. 3. That the said corporation shall have power to prescribe the qualifications of membership of said Association, fix the number and classes, prescribe the fees of members, their dues, and manner of collecting the same, with full power to enforce upon the members of the Association the due observance of all by-laws and regulations for their better government, under such penalties as they shall prescribe to that end. Corporate powers. Sec. 4. That said corporation shall have power, upon the death of a member of the Association, to prescribe the amount due from each surviving member for the benefit of the widows and orphans, or heirs and legatees, or assigns of the deceased member, and to collect and pay over the same free from the debts, liabilities or contracts of the deceased member, unless they shall have otherwise directed. Deceased member, c. Sec. 5. That out of the fees and dues of the members of the Association, said Company shall pay all expenses of its officers and agents, and other contingent expenses, without further charge upon the members of said Association, other than the mortuary fee and expense of collecting the same, due the representatives of the deceased member of the Association; nor shall said Company be liable for any deficiencies resulting from the failure of the members of the Association to meet their obligation. Expenses of officers. Sec. 6. That the principal office of said Company shall be in the city of LaGrange, Troup county, Georgia, with the power to appoint their meeting at such times as may be fixed by the by-laws of said Company; regulate the transaction of all business of the corporation; to make and declare such dividends of the profits of said Company among the members of the Association as said corporation may deem advisable, annually, to not exceed eighty-seven and one-half per cent. of the net profits. Principal office-where keptmeetings. Dividends. Sec. 7. That said Company may purchase, have, hold, sell, assign and transfer, at pleasure, any and every kind and species of

Page 46

real and personal property necessary for transacting and carrying on the business of said Company, and the privileges hereby granted to continue and be in force for thirty years from the date of this act. General powers specified. Duration. Sec. 8. Repeals conflicting laws. Approved March 8, 1869. (No. 42.) An act to amend an act to be entitled an act to charter the Georgia Mutual Fire and Life Insurance Company. Section 1. Be it enacted, c. , That from and after the passage of this act, the twelfth section of the above recited act be so amended as to change the words five thousand dollars into five hundred thousand dollars, and to change the words seven Directors into thirteen Directors, four of whom shall constitute a quorum. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 43.) An act to amend the charter of the Georgia Home Insurance Company, of Columbus, Georgia, passed December 12, 1859. Section 1. Be it enacted, c. , That it shall become the duty of the President and Secretary of the Georgia Home Insurance Company to call a meeting of the stockholders of the said Insurance Company at the principal office of said Company, in Columbus, Georgia, annually, on the twentieth day of January of each year hereafter, (except when said day shall come on Sunday, and then the next day thereafter,) instead of the first day of July, as now provided in the charter of said Insurance Company. Certain officers to call annual meetings, c.when. Sec. 2. That it shall be lawful, and the power is hereby granted to the said corporation, to so change and alter the par value of the shares of stock in said Company that the same shall conform to the actual value thereof, (the necessity for the same being caused by the loss and depreciation of Confederate investments and values,) as the President and Directors of said Company may consider expedient and just, and that they may issue new certificates of stock, in conformity with the foregoing provisions, in lieu of those now issued. May alter the par value of shares c. May issue new certificates. Sec. 3. Repeals conflicting laws. Approved March 18, 1869.

Page 47

(No. 44.) An act to incorporate the Georgia Benevolent Mutual Life Insurance Company, and for other purposes therein mentioned . Section 1. Be it enacted, c. , That Dennis F. Hammond, Chapley B. Wellborn, John S. Oliver, Gadwell J. Pearce, Samuel R. McCamey, Levi Cohen, Samuel Weil, Lewis Scofield, L. P. Grant and James H. Callaway, and their successors in office, be, and they are hereby, constituted a body politic and corporate under the name and style of the Georgia Benevolent Mutual Life Insurance Company; that they may have a common seal, a perpetual succession of offices and members, and are hereby declared capable of suing and being sued, pleading and being impleaded, answering and being answered unto; and said corporation may take, have, possess and acquire, by gift, grant, purchase, bequest or devise, lands, tenements hereditaments, goods, chattels and other estates acquired by said corporation, and convey in like manner all such estates so acquired. Corporators Style, seal, succession, powers. Sec. 2. That there shall be elected by the said corporators, out of their own body, a President, Actuary, Secretary and Treasurer, each of whom shall have a vote in the transaction of all business of said incorporation, except the President, who shall only cast his vote in case of a tie, and that six of said Board so enumerated shall constitute a quorum for the transaction of business. Shall elect a President, c. Votesexception. Quorum. Sec. 3. That said corporate body are hereby authorized and empowered to elect all such officers as may be necessary, and fill such vacancies as may occur by death, resignation or otherwise. May elect officers and fill vacancies. Sec. 4. That said corporate body are hereby authorized and empowered to pass all such by-laws, rules and regulations as may be necessary to carry into effect the objects of their Association; Provided , Such by-laws, rules and regulations be not contrary to the Constitution and laws of this State, and the Constitution of the United States, and in case of refusal, or failure to act, of any member of said body corporate, so enumerated as aforesaid, the said body corporate, or a majority of those remaining, shall have power to fill said vacancies. Powers. Sec. 5. That any three or more of said incorporators may call a meeting of the Board at any time they may think proper, to be held in the city of Atlanta, for the purpose of making and establishing such by-laws as are necessary, and for the purpose of transacting any other business that may be necessary to be done. Three may call meeting Sec. 6. That the place in which the principal office of said corporation is to be kept, and the chief business to be transacted, is the city of Atlanta, in the State of Georgia. Chief business office. Sec. 7. That, as the purpose for which said corporation is formed is for the assurance of life exclusively, and as said assurance is exclusively to be upon a mutual basis, and intended for the private and several use and benefit of each policy-holder, that there shall only be required of said corporation, as a condition precedent to the issuing of policies of life insurance, that they shall have a guarantee

Page 48

capital of five thousand dollars, which, when subscribed, shall authorize said corporation to enter at once upon the duties of their office. Policy-holders may require certain conditions of Co. Sec. 8. That it shall be the duty of the President to preside at all meetings of said corporation, and shall conduct the business of said corporation generally, subject to the control of the Board of Incorporationbut in his absence any member of the corporation may be called to preside. It shall be the duty of the Actuary to furnish such legal advice, c., to said Board, as may, from time to time, be necessary, and also investigate all such matters in connection with the affairs of said corporation as may be required. President's duty. Duty of the actuary. Sec. 9. That the Secretary and Treasurer shall enter into bond, with approved security, before entering upon the duties of their office, to be approved by the Board, for the faithful discharge of their duties. Secretary and Treasurer shall give bondhow approved. Sec. 10. That any of the officers of said Board, or any member of said Board, may be removed for inefficiency, or for other good cause, to be judged of by the Board, upon a vote of two-thirds of the whole number of said Board. Removal of officers. Sec. 11. That each party applying for insurance, who is accepted, will be required to deposit in the treasury the sum of ten dollars, if between the ages of fifteen and forty years inclusive; fifteen dollars, if between the ages of forty-one and fifty years inclusive; twenty dollars, if between the ages of fifty-one and fifty-five years inclusive, and twenty-five dollars, if between the ages of fifty-six and sixty years inclusive, which shall entitle the party to a life insurance policy, which shall entitle the policy-holder to a sum equal to one dollar for each existing policy-holder, on the books of the corporation at the date of his or her death, payable to his or her legal representatives or assigns, within sixty days after proof of death of the policy-holder; but in no case shall the amount paid on said policy exceed five thousand dollars. Whenever the number of members shall exceed five thousand, the contribution of all the members, exceeding five thousand dollars, shall be set apart as a separate fund, and on the decease of any policy-holder thereafter, and so long as said contribution exceeds five thousand dollars, the excess shall be appropriated for the purpose of diminishing said contribution, or assessment, and said diminution shall be the same for each and every member of the Association. Applicant for insurance of certain age must make deposit. Policyto whom payable. Maximum. Sec. 12. That on the notification of the death of any policy-holder to the officers of the Association, accompanied with a certificate setting forth the fact, and endorsed by the attending physician, or other satisfactory evidence, an assessment shall be made upon each policy-holder for a sum not to exceed one dollar and twenty-five cents, which is payable at the office of the Association within thirty days after notification. The failure to pay this assessment within the above stated time on the part of any policy-holder shall be a forfeiture of his or her policy, and the name of such delinquent shall be erased from the books of the Association, unless sufficient reasons are given, to be determined upon by the Board of Directors within twenty days thereafter, and the arrear

Page 49

assessment paid into the treasury. Any policy-holder, who has forfeited his policy from his or her neglect to pay the regular assessment into the treasury, shall be debarred from all benefits arising from the previous subscription, and lose all claim on, or interest in, said Association, and in its assets and property of every description. All applications for membership shall be determined by the Board of Directors, and all transfers of policies shall be made on the books of the Association. Dues of deceased policy-holder how paid. Members may forfeit and be erased. Once forfeited, future rights barred. Applications how determined. Sec. 13. That, upon the notice of the death of any policy-holder, the Secretary shall immediately notify the policy-holders of the fact through the post-office, and call for the contribution specified in article 12, and cause said notification to be published five consecutive times in some one of the daily papers published in the city of Atlanta, and such publication shall be due notice to each policy-holder. Secretary's duty at death of policy-holder. Sec. 14. That the enrollment book of the Association shall be open at all times to policy-holders. Enrollment book when open. Sec. 15. Repeals conflicting laws. Approved March 18, 1869. (No. 45.) An act to incorporate the Georgia Methodist Mutual Life Insurance Company. Section 1. Be it enacted, c. , That John W. Burke, Jefferson G. Pearce, Edwin E. Rossen, George N. Lester, Atticus G. Haygood, William M. Crumley, John L. Hopkins, Nathaniel J. Hammond, George W. D. Cook, Frank M. Richardson, Er Lawshe, Edward R. Sasseen, Walter Branham, William I. Evans, Luther Smith, William Ezzard, William P. Harrison, and their associates and successors, be, and they are hereby, created a body politic and corporate, to be known as the Georgia Methodist Mutual Life Insurance Company, for the purpose of insuring the lives of the members of the Methodist Episcopal Church, South, local and traveling ministers living in the bounds of the North and South Georgia Conferences, upon the payment of each member of the Company such sum or sums as may be required by the laws and regulations of the Company, with the power to sue and be sued, to buy, own, enjoy and convey property for the purpose of the corporation; to have and alter a common seal at pleasure; to appoint agents, and to ordain, establish and put in execution such by-laws, rules and regulations as shall be necessary and convenient for the government of said corporation, and for carrying into effect the objects and purposes of the same, not inconsistent with the laws of this State and of the United States. Corporators Stylepurposes. Powers. By-laws. Sec. 2. Said corporation shall be managed by not less than seven Directors, a majority of which number shall constitute a quorum for the transaction of business. Said Directors shall be elected by the members of the North Georgia Conference at its

Page 50

annual meeting, to serve for twelve months, or until their successors are elected, except that this corporation named in this charter may, at any time, elect Directors as aforesaid, to serve until the meeting of the Annual Conference as aforesaid; and the Directors shall, out of their number, elect a President to serve for twelve months, or until a successor is elected, and shall have power to fill any vacancy which may occur in the office of President, or in the Board, by death or otherwise, and shall elect a Secretary and Treasurer to serve for the term of twelve months, or until a successor is elected, and all the vacances which may occur in the office of Secretary or Treasurer shall be filled by the Board of Directors as aforesaid. Quorum Directors elected. President. Vacancies how filled. Sec. 3. The principal office of the corporation shall be in the city of Atlanta, and a majority of said Directors shall live in or near the city of Atlanta. Principal office. Sec. 4. The members of the corporation shall be members in good standing of the Methodist Episcopal Church, South, local and traveling ministers, living in the bounds of the North and South Georgia Conferences, and in complying with the terms of membership, as prescribed by the by-laws, shall be entitled to all the privileges of the corporation, as specified for each member. Qualification of members. Sec. 5. That the amount due upon the decease of a member of the Company shall be paid to the person, or persons, entitled to the same according to the by-laws, or to such person, or persons, as such members may designate by his last will and testament, and, in all cases, the same shall be paid to such person, or persons, as may be entitled thereto, as aforesaid, free from any debt contracted, or liability of such deceased member, and shall in no case be subject to any lien against him by judgment or otherwise. Amounts due deceased. Members to whom paid. Free from liability of decedent. Sec. 6. Repeals conflicting laws. Approved March 19, 1869. (No. 46.) An act to incorporate the Southern Masonic Assurance Society. Section 1. Be it enacted, c. , That G. J. Pearce, R. J. Massey, William M. Crumley, H. H. Tucker, David E. Butler, David Mayer, and all others who may become members or associated with them, as hereinafter provided, and their successors, be, and they are hereby, created, constituted and declared to be a body corporate and politic, by the name of The Southern Masonic Assurance Society, for the purpose of insuring the lives of each other, upon the payment of such sum, or sums, as may be required by the laws and regulations of the Company, with the power to sue and be sued; to buy, own and enjoy property for the purposes of the corporation; to make, have and alter a common seal at pleasure; to appoint agents, and to ordain and establish and put in execution such by-laws, rules and regulations as shall be necessary

Page 51

and convenient for the government of said corporation, and for carrying into effect the object and purposes of the same, not inconsistent with the laws of this State and of the United States. Corporators Style, purposespowers of. Sec. 2. Said corporation shall be managed by a Board of Trustees, not less than seven in number, a majority of whom shall constitute a quorum for the transaction of business. The corporate powers of said Company shall be vested in said Board of Trustees, and shall be exercised by them and by such officers and agents as they may from time to time appoint and empower. Said Board of Trustees shall be composed only of Master Masons in good standing, and their first election shall be made by the corporators at the time of signing this declaration, and thereafter all vacancies shall be filled by the Board of Directors. Said Board of Trustees shall elect a President from one of their own number. They shall also elect a Secretary, who shall also be a member of the Masonic fraternity. Trustees quorum. Who may be trustees. Vacancieshow filled. Sec. 3. The Board of Trustees shall establish such rules and regulations for receiving members into the Society as they may think proper. The principal office of said corporation shall be in the city of Atlanta, at which place the annual meetings of the corporation shall be held at such time as may be prescribed by the by-laws. Paincipal office annual meetings. Sec. 4. That the amount due upon the decease of a member of the Company shall be paid to the person or persons entitled to the same according to the by-laws, or to such person or persons as such member may designate by his last will and testament, and in all cases the same shall be paid to such person or persons as may be entitled thereto, as aforesaid, free from any debt, contract or liability of such deceased member, and shall in no case be subject to any lien against him by judgment or otherwise. Dues of deceased memberto whom paid. Sec. 5. Repeals conflicting laws. Approved March 18, 1869. (No. 47.) An act to incorporate the Workingmen's Mutual Relief Association of Georgia. Section 1. Be it enacted, c. , That Emanuel Heidt, John Oliver, J. P. Collins, Alfred Haywood, James L. Haupt, James Lachlison, John McDonough, J. S. Tyson, James E. Grady, John R. Johnson, B. L. Buhman and John Nicholson, and their associates and successors, be, and they are hereby, constituted and made a body corporate and politic, under the name and style of the Workingmen's Mutual Relief Association of Georgia, and by this name they shall have perpetual succession, may sue and be sued, may hold and possess any species of property, real or personal, and may sell and dispose of the same at pleasure; may make, have and use a common seal, and may alter and change the same at pleasure. Corporators Stylesuccessionpowers. Sec. 2. That the purpose of this Association is to insure or guarantee

Page 52

the cash payment to the family of a deceased member, within thirty days after death, of as many dollars as there are members of the Association. Purposes. Sec. 3. That the interest or share of any member of this Association shall not be transferable to any other person or persons, except to such heirs of the member and in such manner as are or may be prescribed by the by-laws of the Association; And it is further provided , That the said interest shall not be subject to be taken in execution for debt. Shares not transferable. No lien attaches. Sec. 4. That this Association shall have power to make such by-laws as may be necessary to carry out its purposes, which by-laws shall be made, altered, amended or suspended by a vote of three-fourths of the members of the Association present or represented at the regular annual or special meeting of the same, of which meeting thirty days' notice shall be given in three or more newspapers of the State. Powers. Sec. 5. That the said by-laws may extend to the following subjects, viz: Officers of the Association, their number, style, duties and liabilities, meetings, membership, qualification, rights, duties and liabilities of the same; Provided , That this enumeration shall not be exhaustive of the subjects of by-law, but the same may extend to any matter within the purview and purpose of this Association for the purpose of carrying out its object as expressed in the second section of this act. To whom the by-laws extend. Proviso. Sec. 6. That the by-laws of the said Association, already made by the said corporators and their associates, not inconsistent with the provisions of this act, and all acts of the said corporators done under the same, be, and the same are hereby, ratified, and shall be considered binding upon the said persons. Former by-laws, not repugnant, still of force Sec. 7. Repeals conflicting laws. Approved March 16, 1869. IV.MEDICAL COLLEGE. Act No. 48.Atlanta Medical College. (No. 48.) An act to repeal an act entitled an act to repeal the sixth section of the Charter of the Atlanta Medical College, assented to on the 14 th day December , 1858, and to define more fully the powers of the Board of Trustees of the Atlanta Medical College, and to enlarge said Board. Section 1. Be it enacted, c. , That an act entitled an act to amend an act entitled an act to incorporate the Atlanta Medical College, and for other purposes therein mentioned, approved the 11th day of December, 1858, be, and the same is hereby, repealed. Repeals. Sec. 2. Be it further enacted , That the sixth section of the original act entitled an act to incorporate the Atlanta Medical College, and for other purposes therein mentioned, be, and the same is hereby, re-enacted. Revived.

Page 53

Sec. 3. Be it further enacted , That James Jackson, William L. Mitchell, William Dougherty, Alfred H. Colquitt, Henry L. Benning, Alfred Austell, William M. Lowry, Julius A. Hayden and Robert Baugh, be, and they are hereby, added to said Board of Trustees. Added to Board. Sec. 4. Be it further enacted , That said Board of Trustees, so organized, shall have the power to remove any one or more of the members of the Faculty whenever they shall deem it necessary for the interest and prosperity of said College to do so; but no Professor shall be removed unless a majority of the Board present shall vote for said removal, and when all of the members of said Board have been notified to attend said meeting. Powers of Board. Sec. 5. Be it further enacted , That said Board of Trustees shall have the power to perpetuate said Institution, and to fill any and all vacancies that may occur in said Faculty, from any cause whatever, and to exercise all the powers conferred by the original charter. Vacancies. Sec. 6. Repeals conflicting laws. Approved January 30, 1869. V.MINING COMPANIES. No. Act. 49. Georgia Slate and Mining Company. No. Act. 50. North Georgia Mining Company. (No. 49.) An act to incorporate the Georgia Slate and Mining Company, and for other purposes. Section 1. Be it enacted, c. , That Arthur Hood, of the county of Randolph, and such other persons as may hereafter become associated with him, their successors and assigns, be, and are hereby, constituted a body corporate and politic, by the name and style of the Georgia Slate and Mining Company, by which name they are hereby made capable, in law, to have, hold, purchase, receive, work, sell, mortgage, lease, enjoy, and retain to them, their successors and assigns, lands, tenements, and mines of all character, and chattels of whatsoever kind, as may be deemed by them most conducive to the objects and intent of said incorporation, which are the quarrying and manufacturing of slates and other mining and mineral working, in Polk county, in said State. Corporators Style-powers and responsibilities. Sec. 2. That said corporation, by its title aforesaid, may sue and be sued, plead and be impleaded, in any of the Courts of this State; make and use a common seal, altering the same at their pleasure; establish, alter and amend such by-laws, rules and regulations as shall be deemed proper by them, not in conflict with the Constitution and laws of this State or the United States. The capital stock of said Company shall be two hundred thousand dollars, with privilege to increase the same to five hundred thousand dollars, by vote of a majority of the stock, the same to

Page 54

be paid in money or real estate, and divided into such number of shares as said corporation may determine, said shares to be assignable and negotiable, under such rules as said corporation may determine. Capital stock. Shares negotiable. Sec. 3. The officers of said corporation shall be such as a majority of the stockholders may determine, and elected or appointed, as may be designated by the by-laws, and meetings shall be held at such time as the by-laws require. Officers of Company. Sec. 4. The private property of the stockholders shall be liable, (after the corporate property is exhausted,) pro rata , to the amount of his or her capital stock unpaid at the time of any judgment obtained against said corporation. Liabilities. Sec. 5. The office of said Company shall be located by the stockholders, but may be changed by them, at any time, by giving thirty days' notice in two papers printed at the seat of government. Location of office. Sec. 6. The capital stock and property of said Company shall not be taxed exceeding the minimum taxation of incorporated companies in this State. Taxation. Sec. 7. The charter shall continue for thirty years from the date of its passage. Sec. 8. Repeals conflicting laws. Approved March 19, 1869. (No. 50.) An act to alter and amend an act to incorporate the North Georgia Mining Company, approved March 1, 1856. Section 1. Be it enacted, c. , That the capital stock of said Company be, and it is hereby, reduced to the sum of thirty thousand dollars, to be proportioned amongst the stockholders of said Company according to the amount owned by each of said stockholders in said Company. Stock reduced. Sec. 2. That the office of said Company shall be in the city of Dalton, in the county of Whitfield, in said State, where all suits against said Company shall be brought. Officewhere kept. Sec. 3. Repeals conflicting laws. Approved February 1, 1869.

Page 55

VI.NAVIGATION COMPANY. Act No. 51.Gum Swamp Navigation Company. (No. 51.) An act to authorize certain persons therein named to remove obstructions in Gum Swamp Creek, the Little [Illegible Text] River and their tributaries; to confer certain powers and privileges upon the same, and for other purposes. Section 1. The General Assembly of Georgia do enact , That Norman McDuffie, Stephen Collins, W. T. McArthur and J. M. Kibbee, and such other persons as they may associate with them, be, and they are hereby, constituted a body corporate and politic, under the name and style of the Gum Swamp Navigation Company, with all the rights, powers, privileges and immunities usually incident to corporations, not inconsistent with the laws of this State and the purposes of this act. Corporators Nameusual rights c. Sec. 2. And be it further enacted , That the capital stock of said Company shall consist of twenty-five thousand dollars, to be divided into shares of one hundred dollars each, with the privilege of increasing the same, as the necessities or interest of said Company require, to be applied to the removal of obstructions in Gum Swamp Creek, the Little Ocmulgee River, and their tributaries, so as to render the same navigable for the transportation of timber and lumber in rafts or otherwise. Capital stock. Shares. Sec. 3. And be it further enacted , That said Company, and their associates and successors or assigns, shall have and enjoy the exclusive privilege, for the period of twenty years, of transporting lumber and timber upon said streams at such rates of tariffs or freights as they may prescribe; Provided , The same shall not exceed one dollar per thousand feet; Provided further , That nothing herein contained shall be so construed as to prevent the free transportation of timber, lumber, c., upon said streams from a point three miles above the present head of navigation, or point from which timber, lumber, c., is now or has been rafted or floated upon said streams to their confluence with the Great Ocmulgee River. Duration of corporation. Proviso. Free transportation not to be hindered. Sec. 4. And be it further enacted , That the capital stock of said Company shall be exempt from taxation for the period of ten years next ensuing the passage of this act. Taxation. Sec. 5. And be it further enacted , That said corporators, and their associates or assigns, shall have power to organize a Board of Directors, to consist of five of their number, by whom a President and Treasurer shall be chosen, and also to prescribe such by-laws, rules and regulations as may be necessary for the purposes of said association; Provided , The same shall not be inconsistent with the laws of this State. Board of Directors, President, Treasurer, by-laws, c. Proviso.

Page 56

Sec. 6. And be it further enacted , That the principal office for the transaction of the business of said Company shall be at such place in the State of Georgia as the said Company may select. Principal office where located. Sec. 7. Repeals conflicting laws. Approved February 27, 1869. VII.RAILROAD COMPANIES. No. Act. 52. Augusta Hartwell Railroad Company. 53. Augusta Louisville Railroad Company. 54. Brunswick Florida Railroad Company. 55. Bainbridge, Cuthbert Columbus Railroad Company. No. Act. 56. Columbus Hamilton Railroad Company. 57. Columbus West Point Railroad Company. 58. Macon Western Railroad Company. 59. Trion Railroad Company. (No. 52.) An act to incorporate the Augusta Hartwell Railroad Company. Section 1. Be it enacted , That H. R. Casey, J. R. Williams and S. A. Gibson, of Columbia county, and Eli Lockhart, C. E. Rany and Marion McDaniel, of Lincoln county, E. A. Deadwiler, W. H. Maddox and O. Tate, of Elbert county, J. B. Benson, J. L. Johnson and J. A. Bowers, of Hart county, and Samuel Knox, Thomas Morris and Obadiah Dean, of Franklin county, and such others as shall associate with them under said name, shall be, and are hereby, incorporated and made a body politic, with all the rights and privileges common and necessary to such a corporation, under the name and style of the Augusta Hartwell Railroad Company. Corporators Rights and privileges. Sec. 2. That said Company be authorized to build a wooden or iron railroad from Augusta, in the county of Richmond, Georgia, passing through the counties of Columbia, Lincoln and Elbert, to Hartwell, in Hart county, Georgia; and said Company shall have the right to charge upon every mile, when completed, such amounts for freights and passengers as may be deemed expedient; that the amount of freight so charged shall not exceed one cent per one hundred pounds per mile, and the fare of passengers shall not exceed six cents per mile; and for procuring stock in the same, to open books and procure subscription of stock at the rate of one hundred dollars per share, at such time and places as may be deemed proper, and to elect a President and Vice-President, Directors and agents; to borrow money, make contracts, and to hold real and personal estate to and for the use of said railroad. Powers of. Election of a [Illegible Text] c. Sec. 3. And be it further enacted , That in all cases where a question of right-of-way may arise, and the parties being unable to agree, the Sheriff of the county in which the land is situated shall summons a jury of twelve freeholders of said county, who shall assess the damages to be paid by said Company for running said road through the land of any citizen, saving to either party the

Page 57

right to appeal to the Superior Court under the laws now in force regulating appeals to that Court; and in all such cases such jury shall, in addition to the usual oath, be severally sworn, in assessing damages, to take into the account the enhanced value of the land from the building of the road passing through said land; Provided , That in no case shall the right-of-way embrace more than one hundred feet in width on each side of said road. Right-of-way how obtained. Appeal. Proviso. Sec. 4. That the corporators herein named shall be ex officio Directors for said road for the year 1869, and until new Directors are elected. Directors. Sec. 5. That said corporation shall have full power to pass all by-laws and regulations necessary to carry out the object of their corporation, not inconsistent with the laws of the State of Georgia and the United States. By-laws, c. Sec. 6. Be it further enacted , That the stock of the said Augusta Hartwell Railroad Company be exempt from taxation until said road is completed. Taxation. Sec. 7. Repeals conflicting laws. Approved March 19, 1869. (No. 53.) An act to incorporate the Augusta Louisville Railroad Company, and to confer certain privileges and powers upon the same. Section 1. Be it enacted, c. , That Adam Johnson, James M. Dye, John Phinizy, Sr., A. R. Wright, Noah Smith, Henry D. Greenwood, Lindsy C. Warren, William W. Rhodes, E. B. Gresham, B. B. Miller and Joseph C. Fargo, their associates, successors and assigns, be, and they are hereby, declared a body corporate and politic, by the name and style of the Augusta Louisville Railroad Company, and by that name may sue and be sued, plead and be impleaded in any Court of law or equity in this State; may have and use a common seal, and the same alter or destroy at pleasure; and may purchase, accept, have, hold, enjoy and convey any property, real, personal or mixed, which may be necessary or proper for the purpose herein mentioned. Corporators Style, powers and liabilities of. Sec. 2. That said Company shall have power and authority to survey, lay out and construct, equip, use and enjoy a railroad from Augusta, in the county of Richmond, to Louisville, in the county of Jefferson, or any point in its vicinity, and to connect with any other road at such points as they may deem best. Sec. 3. That the capital stock of said Company shall not be less than fifty thousand or more than five hundred thousand dollars, books of subscription for which shall be opened at such times and places as a majority of the parties named, their successors or assigns, shall determine. Capital stock. Sec. 4. That the right of this Company to proceed and build the road aforesaid shall not be affected by any conflicting laws in relation to a railroad between the points provided in this act. Special rights of Co.

Page 58

Sec. 5. That the provisions of the act incorporating the Georgia Railroad and Banking Company, and amendments, so far as applicable, shall be applied to said Augusta Louisville Railroad Company. Sec. 6. Repeals conflicting laws. Approved March 6, 1869. (No. 54.) A bill to be entitled an act to amend an act to incorporate the Brunswick Florida Railroad Company, assented to December 22, 1835, and to amend the several acts amendatory thereof, or supplemental thereto, passed since that date, and not heretofore repealed; and to confirm the franchises and privileges in the said several acts contained in the persons named in this act. Whereas, The Brunswick Florida Railroad Company had completed a very considerable portion of their road previous to the year eighteen hundred and sixty-two; but, in order to do so, had been compelled to, and had, as is alleged by them, borrowed about one million of dollars, upon bonds duly issued and secured by a deed of trust, conveying, as well all the real and personal property of said Company, including their track, road-bed and right-of-way, on their main road and the branches thereof, in the State of Georgia, as all the rights, privileges and franchises conferred upon said Company by said act of December 22, 1835, and all the acts amendatory thereof, or supplementary thereto, since passedwhich said money, so borrowed, was used in constructing and equipping said road; Preamble. And Whereas, Also, The said main road and branches were torn up and demolished during the late war, and in consequence thereof the said Company was unable to pay the interest upon the said bonds, and said deed of trust has been foreclosed, and the said main road and branches, and the road-bed and rights-of-way, and the franchises, rights and privileges conferred by the act aforesaid upon said Company sold to the holders of said bonds in the payment thereof, who have organized themselves into a company to build, maintain and run said railroad and branches, and have elected Hezron A. Johnson, Perry J. Avery, D. Randolph Martin, James B. Taylor, James H. Welles, M. B. Spalding and William L. Avery, Directors of said Company; Section 1. Be it enacted, c. , That Hezron A. Johnson, Perry J. Avery, D. Randolph Martin, James B. Taylor, James H. Welles, M. B. Spalding and William L. Avery, and their associates, successors and assigns, be, and they are hereby, declared to be a body corporate and politic, by the name of the Brunswick Albany Railroad Company, with vested rights and privileges, and, as such, invested and endorsed with, and confirmed in, all the rights, benefits, franchises, privileges and immunities contained in, or confirmed by, an act entitled an act to incorporate the Brunswick

Page 59

Florida Railroad Company, passed December 22, 1835, and of every act or acts amendatory or supplementary thereto since passed and not heretofore repealed, and subject to all the conditions, restrictions and limitations contained in said acts; Provided , That it shall and may be lawful for said Company to issue paid stock in said Company to the holders of the bonds of the Brunswick Albany (formerly Brunswick Florida) Railroad Company to such an amount, not exceeding the par value of said bonds, as the Directors may determine to be just and equitable. Corporators Style. rights and privileges. Proviso. Sec. 2. That the said Company may build depots or stations at such point or points upon the waters of the Harbor of Brunswick as they may think judicious, and may build and lay their tracks and run their cars to the same; Provided, nevertheless , That they shall not lay their tracks or run their cars through any street in the city of Brunswick, through which they have not heretofore acquired a right to lay a track or run cars, without permission of said city of Brunswick first obtained. Powers. Sec. 3. That said Company may accept donations or stock subscriptions in land or real estate from any person or persons, or bodies corporate and politic, contributed to assist in or promote the building of said Company's main railroad and branches, and may hold the same, or sell and convey the same at their pleasure. Sec. 4. That said Company may increase their capital stock to an amount not exceeding thirty thousand dollars per mile for the whole length of their said main road and branches, and that the time limited for the construction and completion of said main road and branches be, and the same is hereby, extended ten years. Sec. 5. Repeals conflicting laws. Capital stock. Approved February 22, 1869. (No. 55.) An Act to incorporate the Bainbridge, Cuthbert Columbus Railroad Company, and for other purposes therein named. Section 1. Be it enacted, c. , That A. Hood, W. M. Tumlin, W. H. Young, J. V. Heard, L. O. Jackson, T. A. Swearengen, W. J. Hendson, F. L. Pepper, B. F. Bruton, W. A. McDougald, M. A. Hardin and S. B. Cleghorn, or a majority of them, are hereby constituted a Board of Commissioners for the purpose of organizing the Bainbridge, Cuthbert Columbus Railroad Company. Corporators Sec. 2. That the capital stock of said Company shall be divided into shares of one hundred dollars each, and shall not exceed twenty-five millions of dollars. Capital stock. Shares. Sec. 3. That the said Board of Commissioners is hereby required, when the sum of fifty thousand dollars shall have been subscribed to the capital stock of said Company, to convene the subscribers to the same, or a majority of them, for the purpose of electing from their own number a Board of five Directors, to manage and control the affairs of said Company for one year, or until

Page 60

their successors are elected and installed; and said Board of Directors, as well as all other Boards which may thereafter be elected, shall select from its own number a President, and have power to adopt by-laws for its own control, and to appoint and employ such officers, agents and servants as it may deem proper. Board to be electedterm of office. President. Sec. 4. That, in the election hereinbefore provided for, each subscriber to the capital stock of said Company shall be entitled to one vote for each share subscribed by him or her, or which he may represent by power of attorney, and in all elections thereafter, each person shall only be entitled to one vote for each share of the capital stock of said Company which he or she may own or represent by power of attorney, upon which twenty per cent. has been paid; Provided , No one shall be excluded from voting if the twenty per cent. has not been called for. Votes. Proviso. Sec. 5. That, when said Board of Commissioners shall have complied with the requirements set forth, and an election for a Board of Directors shall have been held, as provided for in section 3 of this act, the books of subscription to the capital stock of said Company, together with all other books and papers appertaining to the business of said Company, shall be turned over to the Board of Directors, and the functions of said Board of Commissioners shall cease and determine. Books to be turned over to Board. Sec. 6. That when the subscribers to the capital stock of said Company shall have convened and elected a Board of Directors under the provisions of section 3 of this act, they, their associates and successors, shall be deemed, held and considered as a body corporate and politic, under the name and style of the Bainbridge, Cuthbert Columbus Railroad Company, with perpetual succession, and all the rights, powers, privileges and liabilities common and necessary to such a corporation, and the organization of said Company shall be complete. Style, succession, c. Sec. 7. That said Company shall have power to construct, maintain, equip and use a railroad from Bainbridge, through Cuthbert, to Columbus, and from Bainbridge to such point on the Florida line as it may determine; to accept, purchase, have, lease and convey any property, real, personal or mixed, and to erect such buildings and shops, operate such machinery and do such other things as it may deem proper for its advantage and benefit. Special powers. Sec. 8. That in all cases when a question of right-of-way arises, and the Company cannot agree with the owner or representative of the land upon which it is proposed to enter, the work of the Company may proceed as if there was no disagreement; but in such event the Sheriff of the county in which said land is located, at the request of either party, shall summon a jury of five disinterested freeholders of said county, who shall assess the damage to be paid by said Company, after being sworn to take into consideration the enhanced value of said land from the building of said road, and to do justice between the parties, and the finding of said jury shall be final and conclusive against both parties; Provided , Each has received from the said Sheriff ten days' notice of the

Page 61

time and place of meeting of said jury, and neither party appeals to the Superior Court in ten days thereafter. Right-of-way. In case of disagreem't how damages determined. Proviso. Appeal. Sec. 9. That the right-of-way of said Company shall not exceed three hundred feet in width. Width. Sec. 10. That the said Company shall have power to receive land or other property in payment or part payment of the subscriptions to its capital stock, at such valuation as may be agreed on, or may be assessed by three freeholders, under such rules and regulations as may be adopted by it, and to mortgage, lease, sell, or otherwise dispose of said land as shall be deemed most advantageous to its interest; and said land, so received in payment or part payment of subscriptions to the capital stock of said Company, shall be free from taxation so long as the legal title thereof remains in said Company. Powers of Company. Sec. 11. That the Governor of the State be, and he is hereby, authorized and required to endorse the bonds of the said Bainbridge, Cuthbert Columbus Railroad Company upon the same terms and conditions upon which he is authorized and required to endorse the bonds of the Georgia Air Line Railroad Company, which terms and conditions are set forth in an act to loan the credit of the State to the Georgia Air Line Railroad Company, and for other purposes, approved September 21, 1868; and it shall be the duty of the Governor of the State to give the said Company the benefit contemplated in said act so soon as said Company shall have placed itself in the condition required by said act. Governor to endorse bondsconditions Sec. 12. That the said Bainbridge, Cuthbert Columbus Railroad Company shall not sell any bond or bonds upon which may be endorsed the guaranty of the State for less than ninety cents in the dollar. Bonds not to be sold for less than 49-100 per cent. Sec. 13. Repeals conflicting laws. This act became a law without Executive approval by the lapse of five days from its receipt by the Governor without being returned by him. March 18, 1869. (No. 56.) An act to amend the charter of the Columbus Hamilton Railroad, assented to February 20, 1854. Section 1. Be it enacted, c. , That section first of the above recited act be so changed as to include, as corporators, the following named persons, to-wit: William C. Johnston, A. T. Brooks, James M. Mobly, William S. Webster, George W. Williams, Joel T. Johnson, W. W. Bruce, T. F. Brewster, James K. Redd and Samuel C. Goodman, and to strike out, wherever it may appear in said act, Justices of the Inferior Court, or a majority of them, and insert in lieu therefor the Ordinary. Sec. 1, act Feb. 20, '54, changed. New corporators. Sec. 2. Repeals conflicting laws. Approved March 11, 1869.

Page 62

(No. 57.) An act to incorporate the Columbus West Point Railroad Company. Section 1. Be it enacted, c. , That for the purpose of constructing a railroad from the city of Columbus, in Muscogee county, to some convenient point of connection with the Atlanta West Point Railroad at or near the city of West Point, in Troup county, A. R. Lamar, H. L. Benning, W. L. Saulsberry, W. A. Bedell, B. F. Fontaine, William J. Hudson, Flynn Hargett, H. D. Williams, W. C. Lanier, W. D. Grant, Lucius Loveless, Frank Hendrick, Sherwood W. Swanson, John F. Moreland, Jesse McLendon, B. H. Bigham, William B. Berry, J. E. Robinson, A. B. Calhoun, Richard Peters, Lewis Schofield, J. J. Thrasher, L. P. Grant, and such other individuals and corporators as may be associated with them, and their assigns, shall hereafter be made a body corporate, by the name and style of the Columbus West Point Railroad Company, and by said corporate name shall be capable in law to buy, hold and sell so much real and personal estate as may be necessary for said purpose; make contracts, sue and be sued; make by-laws, and do all lawful acts properly incident to a corporation, or necessary and proper for the transaction of the business for which it is incorporated, and to have and to use a common seal, and the same to alter and destroy at pleasure. Purposes. Corporators Stylepowers. Sec. 2. And be it further enacted , That the capital stock in said Company shall not exceed one million of dollars, to be divided into shares of one hundred dollars each, and the Board of Directors shall prescribe the mode and conditions of the subscriptions for the stock in said Company, and issue certificates for the same. Capital stock. Shares. Sec. 3. And be it further enacted , That for the organization of said Company, the said persons hereinbefore named, or a majority of them, shall appoint the times and places at which subscriptions for stock in said Company may be made, and shall, in a reasonable time thereafter, appoint a convenient time and place for the meeting of the subscribers for stock, of which they shall give thirty days' notice in two or more of the public gazettes of this State, at which time and place they shall proceed to the election of seven Directors, who shall form and constitute the first Board of Directors, one of whom they shall elect as President thereof, and said President and Directors shall hold their officers [offices] for one year, and until their successors are elected, and shall prescribe in the by-laws the manner and time of holding the subsequent annual elections for Directors, and in all cases the stockholders shall be allowed to vote, in person or by proxy, under power of attorney duly executed. The number of votes to which each stockholder shall be entitled shall be according to the number of shares he, she or they may hold in his, her or their own right, or as trustee, for three months prior to the election, one vote to each share. The said Board of Directors shall have power to fill all vacancies which may occur in their Board or other offices, until the regular annual election by the stockholders, and shall fix the compensation of the President

Page 63

of said Board, and all other officers of the said corporation. Not less than five Directors shall constitute a Board for the transaction of business, of whom the President shall be one, except in cases of sickness or necessary absence, in which case his place may be supplied by any one of the Directors present, to be elected President pro tem. , by a majority of the Board present. Time and place for subscription, c. Meetingnotice. Directors to be elected. Presidentterm of office. By-laws. Subsequent elections. Votein person or by proxy. Vacancies how filled. Compensation of officers. What constitutes a Board. President pro tem. Sec. 4. And be it further enacted , That the said Board of Directors shall have power to select and take and receive as donations such strips of land as they may deem as necessary for the construction, convenience and protection of said railroad, and in case of disagreement between the owner or owners and the said Board of Directors, in regard to the damages or price of any such strip or strips of land, it may and shall be lawful for said Board to appoint one disinterested freeholder as an appraiser, and the owner or owners of such land another disinterested freeholder, if he, she or they should think proper, and the Ordinary of the county in which such land may lie shall appoint another disinterested person or freeholder; but if such owner or owners shall decline to appoint an appraiser on his, her or their part, then two shall be appointed by the Ordinary aforesaid, all of whom shall be sworn by said Ordinary, or a Justice of the Peace, to make and return to said Ordinary a just, true and impartial valuation of the damages, or value of such strip or strips of land thus required by said Company, taking into consideration as well the benefits as injuries arising to the owner or owners, and their award shall be in writing and signed by at least a majority of the appraisers, and accompanied by a plat and full description of the said land, which shall be taken and held as a judgment for the amount against said Company, and may be enforced by an execution from the said Court of Ordinary of said county; and the said plat and description of said land and said award shall be recorded in the said county, in the same manner as deeds, and shall vest the fee-simple right to the said strip or strips of land in the said corporation; Provided , That if either party shall be dissatisfied with the award of the appraisers, he, she or they may appeal to the Superior Court of the county where the land lies, and have the damages ascertained by the verdict of a special jury at the first term, and such verdict shall be conclusive and binding on both parties; but such appeals shall not delay the progress of said road on and over the land in questionthe Company giving or tendering bond, with good security, to said owner or owners, to pay to him, her or them the amounts of the final award in said controversy. Powers of Board. Damages. Appraisers. Oath. Return judgment for damages Description, award, c., to be recorded by C. S. C. Proviso. Appeal may be taken. Sec. 5. And be it further enacted , That the said Company shall build and keep in repair substantial bridges or ways of passage across said railroad wherever it may cross a public road. Bridges across railroads. Sec. 6. And be it further enacted , That the books, papers and correspondence, and the funds of said Company, shall at all times be subject to the inspection of the Board of Directors and stockholders at any and every meeting thereof, when required, and all bonds, notes or other evidences of debt, or contract, or liability, or engagements on behalf of said Company, shall be binding and obligatory

Page 64

on said corporation, when the same shall be signed by the President of said Company and countersigned or attested by the Secretary thereof, and the funds of said Company shall in no case be held responsible for any contract or engagement, unless the same shall be signed, countersigned or attested as aforesaid. Subject to inspection of Directors. c. Obligations of corporation. Sec. 7. And be it further enacted , That it shall be lawful for the said Columbus West Point Railroad Company to connect its road with any other railroad or railroads upon such terms as may be agreed on by the Companies in interests. May connect with other railroads. Sec. 8. And be it further enacted , That this act be and remain in force for thirty years. Duration. Sec. 9. And be it further enacted , That said Columbus West Point Railroad Company shall have five miles of said road graded within two years after the passage of this act, and finish the same in four years after the commencement of said road. Five miles must be graded in two years, c. Sec. 10. Repeals conflicting laws. Approved March 3, 1869. (No. 58.) An act to amend the charter of the Macon Western Railroad Company, which was assented to on the 29 th of December , 1847 ; to allow an increase of the capital stock of said Company; to fix the rate of tax to be paid by the same, and for other purposes. Section 1. Be it enacted, c. , That the said Macon Western Railroad Company is hereby authorized to increase its capital stock, so as to make the same ($2,500,000) two million and five hundred thousand dollars. This increase may be made from time to time, as it may be deemed expedient, by a majority of the Board of Directors of said Company for the time being, and by such sum or sums as said Board of Directors may order and determine; and said Board of Directors, for the time being, is hereby authorized, by a majority, to prescribe the terms and conditions of subscriptions for such additional stock as may from time to time be required; Provided, nevertheless , That such additional stock, as it may be issued, as well as the present stock of said Company, shall hereafter pay the same annual tax to the State as the other railroad companies of this State now do, viz: one-half of one per cent. on the amount of the net income. The M. W.R.R. authorized to increase its capital stock Tax upon the same. Sec. 2. That all the chartered rights and privileges granted to said Company by the said act of the 29th of December, 1847, and by this act, are hereby continued for and during the term of thirty years from the passage of this act. Its charter continued. Sec. 3. Repeals conflicting laws. Approved February 9, 1869.

Page 65

(No. 59.) An act to incorporate the Trion Railway Company. Section 1. Be it enacted, c. , That A. P. Allgood and F. A. Kirby, of Chattooga, S. Marsh, T. J. McFarland, D. C. Faress, N. C. Napier, J. C. Wardlaw and T. E. Patton, of Walker, and J. M. Lee, A. J. Leet and E. M. Dodson, of Catoosa county, Georgia, and such others as shall associate under said name, shall be, and are hereby, incorporated and made a body politic, with all the rights and privileges common and necessary to such a corporation, under the name of the Trion Railway Company. Corporators Sec. 2. That said Company be authorized to build a railway from Trion Factory, in Chattooga county, by way of Lafayette, in Walker county, to connect with the Western Atlantic Railroad at Ringgold or Chattanooga, or some other intermediate point between said places, and charge upon every mile, when completed, such amounts for freights and passengers as may be deemed expedient and just; Provided , That the freights so allowed shall not exceed one per cent. per one hundred pounds per mile, and the fare of passengers shall not exceed six cents per mile; and for procuring stock in the same, to open books and procure subscriptions of stock at the rate of one hundred dollars per share, at such time and places as may be thought proper; to elect Presidents, Directors, agents and servants; to borrow money, make contracts, and hold real and personal estate to and for the use of said road. Powers of such company enumerated. Sec. 3. That in all cases where a question of right-of-way may arise, and the parties be unable to agree, the Sheriff of the county in which said land is situated shall summon a jury of twelve jurors, freeholders of said county, who shall assess the damages to be paid by said Company for running said road through the land of any citizen, saving to either party the right to appeal to the Superior Court under the laws now in force regulating appeals to that Court; and in all such cases such jury shall, in addition to the usual oath, be severally sworn, in assessing damages, to take into the account the enhanced value of the land from the building of the road passing through said land; Provided , That in no case shall the right-of-way embrace more than one hundred feet in width on each side of the track of said road. Right-of-way How obtained. Appeal. Proviso. Sec. 4. That the corporators herein named shall be ex officio Directors of said road for the year 1869, and until new Directors are elected. Directors. Sec. 5. That said corporation shall have full power to pass all by-laws and regulations necessary to carry out the objects of their corporation, not inconsistent with the laws of the State of Georgia and the United States. By-laws, c. Sec. 6. That the capital stock of said Trion Railroad Company shall not exceed two hundred thousand dollars. Capital stock. Sec. 7. That whereas said Trion Railroad is a feeder to the Western

Page 66

Atlantic Railroad, that the capital stock be exempt from taxation until completed. Taxation. Sec. 8. Repeals conflicting laws. Approved February 25, 1869. VIII.STEAMBOAT COMPANIES. No. Act. 60. Georgia and Alabama Steamboat Company. No. Act. 61. Planters' Accommodation Steamboat Company. (No. 60.) An act to incorporate the Georgia and Alabama Steamboat Company. Whereas, Certain individuals have associated themselves together for the purpose of conducting a steamboat trade on the Coosa River, between Rome, Georgia, and Greensport, Alabama; Preamble. Section 1. Be it enacted, c. , That Wade S. Cothran, James M. Ellvitt, Hugh D. Cothran, James H. Wragg, Samuel Noble, Thomas Berry and others, and such other persons as hereafter may become associated with them as stockholders in the premises, and their successors, be, and they are hereby, constituted a body politic and corporate, by the name and style of The Georgia and Alabama Steamboat Company, and by that name and style may hold personal property; may sue and be sued, plead and [be] impleaded in any Court of law or equity; may have and use a common seal, and the same to break, alter and renew at pleasure; may make such by-laws, rules and regulations as the stockholders and persons appointed by them to manage the affairs of said Company may deem necessary; Provided , That the same be not contrary to the Constitution and laws of the United States and of this State. Corporators Style, privileges, powers, and liabilities. Proviso. Sec. 2. That the capital stock shall consist of one hundred and fifty shares of one hundred dollars each, and shall be held by the present members of the Company in the respective proportion already fixed among themselves, and for which the proper officers of said Company shall issue certificates of stock, in the manner to be prescribed by their by-laws, and the said Company may command business and enjoy the benefits of this act when the amount of the capital stock shall have been paid in, and not before. Capital stock. Issue certificates. May begin businesswhen. Sec. 3. That by a vote of the stockholders, holding a majority of the whole capital stock of said Company, may, from time to time, be increased by the creation of stock one hundred dollars per share, as said stockholders may find expedient; Provided , The whole capital stock shall not exceed fifty thousand dollars. Sec. 4. That the said Company shall have power and authority to ask, charge and receive of, and from such persons as they transport merchandise or produce for, or carry as passengers, such compensation therefor as the Company, or its agent or officers, may deem advisable, or as may be specified in their bill of lading. Powers of Company.

Page 67

Sec. 5. That the affairs of the Company shall be managed by a Board of Directors, or Superintendent, or Agent, as the stockholders may determinethe same to be elected annually on the second Wednesday in July, at the office of the Company, in the city of Rome, Georgia; each share of the stock to entitle the holder thereof [to] one vote, and the said Superintendent or Agent, elected by them, may appoint such officers, and employ such hands, and regulate their duties and compensation, as to him may seem expedient for the interest of the Company. Board of Directors, c., electedwhen. Votes. Sec. 6. That said Company shall be liable for all losses caused by fire or steam, if occasioned by their own negligence, or that of their agents or servants, but not otherwise. Losses by fire, c. Sec. 7. Repeals conflicting laws. Approved March 19, 1869. (No. 61.) An act to incorporate the Planters' Accommodation Line Steamboat Company. Whereas, Certain individuals have associated themselves for the purpose of transporting freight and passengers, or either, by steam and other boats on the Savannah River, and have applied to this General Assembly for an act of incorporation to enable them advantageously to transact said business; and whereas, similar associations, heretofore incorporated, have been useful to the public; Section 1. Be it enacted, c. , That Wm. J. Lawton, Alfred M. Martin, Wm. P. Dunbar, Benjamin L. Willingham, Joseph M. Maner, Ephram Tweedy, George R. Black, Edmund Martin, Frank F. Dunbar, Reuben R. Turner, Wm. B. Jarrel, J. M. Dye, J. Green Garnett and Thomas Philpot, and their associates, the present owners of the steamer Katie, and their successors and assigns, shall be, and are hereby, created, made and constituted a body politic and corporate, by the name and style of The Planters' Accommodation Line Steamboat Company, for the purpose of transporting freight and passengers, or both, by steam or other boats, on the Savannah River, by the name and style aforesaid; may sue and be sued in all Courts of law or equity; may have and use a common seal, and alter the same at pleasure; and may make such by-laws for their regulations and government as they may see proper; Provided , The same be not inconsistent with the laws of this State, or of the United States, and may hold, purchase, receive, retain, enjoy and transfer such real and personal property as the necessities of their business may, from time to time, require. Corporators Style. Purposes. Powers of. Proviso. Sec. 2. Be it further enacted , That the capital stock of said Company shall consist of five hundred shares of one hundred dollars each, now held and paid up by the present members of the Company in the respective proportions already fixed amongst themselves; and the said stock, by vote of a majority of the stockholders

Page 68

at any meeting regularly called for that purpose, may be from time to time increased by the creation of new stock of shares of one hundred dollars each, as said stockholders, for the purchase of additional boats or other proper purposes, may find it expedient; Provided , The whole amount of capital stock shall never exceed the sum of two hundred thousand dollars. Capital stock. Shares. Sec. 3. Be it further enacted , That the said Company shall be, and is hereby, authorized by steamboats, and by other boats and vessels, to navigate, for the transportation of freight and passengers, or either, the waters of the Savannah River, in common with other companies and private individuals. May navigate. Sec. 4. Be it further enacted , That the chief management and control of the affairs of the Company shall be vested in a President and six Directors, (the President being ex officio a member of the Board,) who may appoint all officers and regulate their duties and compensation as to them shall seem expedient for the interest of the Company; and that until the next annual election the business of the Company shall be transacted by the present Board of Directors. Management of Co.in whom vested. Appointments. Sec. 5. Be it further enacted , That it shall be the duty of the Board, once in each year, to call a meeting of the stockholders, and to give notice thereof by publication every other day for one month in one or more of the public gazettes of Savannah, for an election to be held by the stockholders for a President and six Directors, (to be elected from amongst the stockholders) [to] constitute said Board; and should said election, from any cause, not be holden on the day appointed as aforesaid, it may be holden on any subsequent day on fifteen days' public notice being given in one or more of the public gazettes of Savannah. Annual meetings. Sec. 6. Be it further enacted , That each stockholder shall be entitled to one vote for each share of stock he holds; and any stockholder may, by written authority, empower any other stockholder to vote in any election as his proxy. Votes. Proxy. Sec. 7. Be it further enacted , That the Board of Directors shall meet once a year, or oftener, and cause regular minutes of each meeting to be entered in a book to be kept for that purpose. Not less than a majority of said Board shall constitute a quorum for business. Sec. 8. Be it further enacted , That it shall be the duty of the Board of Directors to make such dividends to the stockholders as the profits of the Company may from time to time allow. Duty of Board. Sec. 9. Be it further enacted , That the stock of the Company may be transferred in the books of the Company by the stockholders, or their legal representatives, in such manner as the regulations of the Board of Directors may point out. Stock transferable. Sec. 10. Be it further enacted by the authority aforesaid , That this charter shall continue in force for thirty years, subject to removal by the Legislature. Duration. Sec. 11. Repeals conflicting laws. Approved March 8, 1869.

Page 69

IX.TELEGRAPH COMPANIES. Act. No. 62Independent Telegraph Company. (No. 62.) An act to incorporate the Independent Telegraph Company, and for other purposes connected therewith. Section 1. Be it enacted, c. , That Richard Bradley, Daniel Callahan, Joseph Finegan, B. F. Bruton, L. Carrington, Daniel P. Holland, and such persons as now are, or hereafter may be, associated with them, be, and they are hereby, made and declared a body politic and corporate, for the purpose of constructing, erecting and maintaining a line or lines of telegraphic communication from and to any part or parts, point or points, city, town, village or county, in the State of Georgia, or through the State of Georgia, and to establish, construct, erect and maintain such telegraph route or routes, or communication, as the said persons or Company may select for the purpose of telegraphic communication in the State of Georgia, and said persons or Company shall have full power and authority to contract with any person or persons, or body corporate, or corporations, for the purpose of connecting their lines of telegraph with lines out of this State; and said corporation shall have full power and authority to erect, maintain, construct, establish and carry on lines of telegraph communication in any part of the United States, wherein by the laws of the United States, or of any State in the Union, the said corporation may be permitted by the laws of the said United States, or of any State in the Union; and the said persons, and their associates and successors, by the name of The Independent Telegraph Company, are hereby made able and capable in law and equity to sue and to be sued; plead and be impleaded in any Court; to have and use a common seal; to make and execute such by-laws, rules and regulations as they may deem necessary and convenient for the government of said corporation; to purchase, receive and hold such lands, tenements, goods and chattels as may, in the judgment of said Company, or of said persons, be most conducive to their interest, and the same to sell, convey and assign, and generally to have and enjoy all such rights and privileges as are incident to bodies politic and corporate. Corporators Purposes. Powers. Style, powers, and responsibilities. Seal. By-laws. Sec. 2. Be it further enacted by the authority aforesaid , That said corporation shall have power to create a stock sufficient to carry into effect the objects of said Company and the powers conferred by this act, and they may divide the same into such shares as they may deem proper; and every stockholder in said Company shall be entitled to vote according to the number of shares they may respectively hold in the same. May create stock. Shares. Sec. 3. And be it further enacted by the authority aforesaid , That said Company shall [have] power and authority to set up their

Page 70

fixtures and works on, along, and across any railway or railroad, any road or highway, stream, river, water-course or water in this State, or under, or in any stream, river or water in this State, or the waters bounding or touching this State, without the same being held or deemed a nuisance, or subject to be abated by any person, or company, or corporation. May set up fixtures, c. [Illegible Text] shall held nuisance. Sec. 4. And be it further enacted by the authority aforesaid , That the right-of-way and the taking private property, or the property of any corporation of this State, for the use of the Company for the purpose aforesaid, and to execute the powers herein by this act conferred, is hereby given, authorized and vested in the said corporation, the damages and compensation to be ascertained and made in like manner as is provided in the fourteenth (14th) section of the act of this State, assented to 14th December, 1835, entitled an act to amend an act to incorporate the Central Railroad Canal Company of Georgia; to alter and change the name of the said Company, and to give to said Company banking powers and privileges. right-of-way [Illegible Text] and authorized Sec. 5. And be it further enacted by the authority aforesaid , That every person who shall destroy, deface or injure the fixtures of said Company, or commit any trespass on the same for the purpose of interrupting, or with intent to interrupt, the operation of the telegraph of said Company, or its telegraphic communication, shall be liable to pay to said corporation the sum of one thousand dollars for each and every trespass, and in addition thereto shall be liable for all damages which the said corporation may suffer in repairing the said injury, and likewise for all damages which the said Company may sustain by the interruption of its business, to be recovered by suit, at the instance of said Company, and shall be further liable to indictment, conviction and punishment for the same, as provided by the laws of this State. [Illegible Text] to [Illegible Text] a [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] Sec. 6. And be it further enacted by the authority aforesaid , That said corporation shall be bound, upon the application of any officer of this State, in the event of any war, insurrection, rebellion, riot or other commotion, or resistance of public authority, or in the punishment or prevention of crime, or the arrest of persons charged with or suspected thereof, to give to the communications of any such officer preference over all others in the immediate dispatch of the same; and if any officer, clerk, operator, or other person employed by said corporation, shall refuse, or willfully omit, to transmit such communication promptly as aforesaid, or shall designedly alter or falsify the same, for any purpose whatever, he shall be subject, upon conviction therefor before any Court of competent jurisdiction, to be fined and imprisoned according to the discretion of the Court, and in proportion to the aggravation of said offense; and the said corporation shall charge no more for said communications than for private communications of the same length. case of [Illegible Text], c. [Illegible Text] whom [Illegible Text] for [Illegible Text] Sec. 7. Repeals conflicting laws. Approved March 3, 1869.

Page 71

X.TOWNS AND CITIES. No. Act. 63. Albany, charter of, amended. 64. Americus, (city,) charter amended. 65. Bowdon, town of, incorporated. 66. Cave Spring, town of, incorporated. 67. Cochran, town of, incorporated. 68. Covington, city of, charter amended. 69. Cuthbert, city of, lines changed. 70. Drayton, town of, incorporated. 71. Forsyth, town of, charter amended. 72. Griffin, city of, charter amended. 73. Homersville incorporated. 74. Hartwell, town of, incorporated. 75. Kingston, town of, incorporated. 76. Lumpkin, town of, incorporated. 77. Marthasville incorporated. 78. Milledgeville, city of, municipal elections in. No. Act. 79. Sandersville, town of, charter [amended. 80. Social Circle, town of, incorporated. 81. Spalding, town of, incorporated. 82. Spring Place, town of, charter extended. 83. Thomaston, town of, incorporated. 84. Thomson, town of, election in. 85. Trion, town of, incorporated. 86. Lafayette, town of, charter [amended. 87. LaGrange, town of, charter [amended. 88. West Point, city of, charter [amended. (No. 63.) An act to amend section eleven ( 11 ) of the amended charter of the city of Albany, Georgia, so as to give the Mayor and Council of said city full power and authority to remove from office officers elected by said Mayor and Council . Section 1. Be it enacted, c. , That from and after the passage of this act, section 11 of the amended charter of the city of Albany, Georgia, be, and the same is hereby, so amended as to give the Mayor and Council, of the city of Albany, the full power and authority to remove any of the officers elected by said Council, or the people of said city, from office, upon conviction for mal-practice in office, for a breach of neglect, or incapacity to discharge the duties of said office, at the discretion of said Council. Mayor and Council of Albany may remove officers, c. Sec. 2. Repeals conflicting laws. Approved March 4, 1869. (No. 64.) An act to amend an act entitled an act to incorporate the city of Americus, and to alter and amend an act to incorporate the town of Americus, Sumter county, Georgia . Section 1. Be it enacted, c. , That so much of section first of said act, as reads, provided the eastern bank of Muckalee Creek shall be the western boundary of said city, be, and the same is hereby, repealedthus causing the corporate limits of said city of Americus to be one mile in every direction from the court-house; in lieu of proviso above repealed, said section shall read: Provided , No liability shall accrue to the city to keep up, repair, or build bridges, or a causeway, or turnpike, across the Muckalee Creek, said duties being as heretofore in the county officers. Corporate limits of Americus one mile from center

Page 72

Sec. 2. That sections fifth and tenth of said act be so amended that thirty, instead of ten, days' residence shall be requisite before the right of voting vests, and that section fourth of said act be so amended as to strike out the word white. Thirty days' residence gives citizenship. Sec. 3. That section twentieth of said act be so amended that the words slaves, or free persons of color, be stricken out, and in lieu thereof, the following words be inserted: of all persons whatsoever, and that the following be added to said section twentieth: and said Mayor and Council shall have control over all the organizations, and volunteer or military companies within the city, for the purpose of preserving good order and law, and for the protection of property. Slaves. c., stricken out. Additional to Sec. 20. Sec. 4. That section twenty-seventh of said act be amended by the addition of the following paragraph: And the Mayor and Council shall have jurisdiction over cases of misdemeanors, and to punish the same according to the general laws of the State; Provided , The said offenses were committed within the incorporate limits of the city; and also provided , The same are not punishable in the Penitentiary; and provided also , That no person shall be tried by said Mayor and Council for such misdemeanors, except upon written accusation, founded upon the oath of a competent witness, describing the offense, and it shall be the duty of the Clerk of the Council to keep a record of the proceedings in any such cause. Additional to section 27. Sec. 5. That the following section, to be known as section thirty-fifth, of the charter of said city of Americus, be added to said act, viz.: That said Mayor and Council shall have power to fix and establish fire limits, and from time to time to enlarge, restrict, or change the same, within which fire limits, as established, it shall not be lawful for any one to build, or cause to be built, any other than fire-proof buildings, except by special permission of Mayor and Council, which must be unanimous; and in case of an offense against ordinances passed in pursuance of this act, the said Mayor and Council, after five days' notice given, shall cause the said not fire-proof buildings to be removed at the expense of the owners or builders thereof; and said Mayor and Council shall have the right to determine what are, or are not, fire-proof buildings. Section 35 of act added to said act. Sec. 6. That an additional section to said act, to be known as section thirty-sixth, shall read thus: That the said Mayor and Council shall have power to compel owners and lessees of property to have, or otherwise keep in order, as Council may direct, the sidewalks in their front; for neglect or refusal to do so, the parties to be fined, and the work done at the expense of the city, the amount of execution against said owners or lessees to be collected by the City Marshal. Additional section No. 36. Sec. 7. That an additional section, to be known as section thirty-seventh of said act shall read: That the Mayor, who presides in the Mayor's Court, shall have authority to call said Court as often as may be necessary to clear the guard-house and dockets of the Court. Additional section 37 added. Sec. 8. Repeals conflicting laws. Approved March 8, 1869.

Page 73

(No. 65.) An act to amend an act entitled an act to incorporate the town of Bowdon, in the county of Carroll, and for other purposes therein mentioned; and to regulate the retail of spirituous liquors in a certain distance of the Poor House in Atlanta, approved December 13, 1859. Section 1. Be it enacted, c ., That the Chairman and Commissioners of said town are hereby constituted a body corporate, under the name and style of the Mayor and Council of the town of Bowdon; that they and their successors in office, as elected according to the provisions of the charter of said town; Provided , That all residents in said town for thirty days, and who shall be citizens of the United States, and inhabitants of this State for six months previous to any election, shall be entitled to vote, shall have perpetual succession; shall have a common seal, and be capable in law and equity to pruchase, have, hold, receive, enjoy and possess, and retain to them and their successors, for the use of said town, any estates, real or personal, of whatever kind or nature, within the jurisdictional limits of said town, and shall, by said name, be capable to sue and be sued in any Court of law or equity in this State; and shall succeed to all the rights, powers and liabilities of the present corporation of said town. Style. Proviso. Succession, powers. Sec. 2. Be it further enacted , That the Mayor and each member of the Council of said town shall be ex officio a Justice of the Peace, and shall have full power to issue warrants for any offenses committed within the limits of said town, and shall have power to examine witnesses under oath, and to commit offenders to the common jail of said county, or bail them, if the offense be bailable, to appear at the next Superior Court of said county. Mayor, c., ex-officio Justices of Peace jurisdiction of. Sec. 3. Be it further enacted , That the Mayor and Council of said town shall have full power and authority to levy and collect a tax upon all species of property, real and personal, within the limits of said town; upon banking and insurance, and all other capital employed in said town; upon professional men, factors, brokers, auctioneers and all trades and callings, sufficient for the support and good government of said town, and for the payment of its debts. Powers. Sec. 4. Be it further enacted , That the Mayor and Council of said town shall have full power and authority to remove all obstructions from any square, street, lane or alley of said town at the expense of the person causing the obstruction, and to abate and remove all nuisances that may at any time exist in said town, at the proper cost of the person causing or making the nuisance, and shall have full power and control over all livery stables, pumps, wells, fire companies and engines within said town. Sec. 5. And be it further enacted , That it shall be the duty of all tax-payers and owners of taxable property in said town, and they are hereby required so to do, to make annual returns, under oath, at such time as the Mayor and Council may direct, to the Clerk of the Council, or such other officer as the Mayor and Council may appoint for that purpose, of all their taxable property, trades, professions

Page 74

and callings in said town, whether such property be held in their own right or that of any other person whatever; and in case any person shall fail or refuse to make any such return, or make a return deemed incorrect by the Mayor and Council, then the Mayor and Council, or any two members of the Council, may assess such property and fix such a value on it as they may deem correct; and all taxes levied and imposed by said Mayor and Council, if not paid within thirty days after public notice of the same shall be given, shall be collected as follows: An execution shall be issued by the Clerk of the Council, directed to the Marshal of said town, against the estate, real and personal, of each defaulter, and shall be levied by the Marshal, who, after having advertised the property so levied on for thirty days on the public square of said town, in the usual manner in which the ordinances of said town are published, shall sell the same on some regular court day of the Justice of the Peace for the district in which the said town is situatedsaid sale to be on the public square of said town, and within the legal hours of sale, and the deed of said Marshal, made in accordance with such sales, shall be as effectual to pass the title as the deed of the defaulter, and executions so issued shall bind all the property of the defendant from the date of the same. Duty of tax-payers. Tax-payer failing to return, c. Mayor, c. may assess. Tax-payers in default 30 days how collected. Sec. 6. Be it further enacted , That the fees of the Clerk for issuing executions shall be the same as allowed Tax Collectors for similar duties, and that the Mayor and Council may grant him such other compensation for the discharge of his duties as they may deem best, said compensation being not violative of law. Clerk's fees for such service. Sec. 7. Be it further enacted , That the fees of the Marshal shall be the same as those by law allowed to Bailiffs, but the Mayor and Council may grant him such other compensation or salary as they may deem best. Marshal's fees. Sec. 8. Be it further enacted , That the Mayor of said town, or, in his absence, any two members of the Council thereof, shall constitute a Court for the trial of all offenders against the ordinances of said town, framed in accordance with the provisions of the charter of said town, or with the provisions of this act, the same not being violative of the Constitution and laws of this State; and all fines imposed for the violation of said ordinances, as well as all costs arising from the prosecution of the offender, shall, if not promptly paid, be collected in the manner prescribed for collecting taxes from defaulting tax-payers in section five of this act. Mayor constitutes a Court. Sec. 9. Repeals conflicting laws. Approved March 19, 1869.

Page 75

(No. 66.) An act to amend an act entitled an act to incorporate the village of Cave Spring, in the county of Floyd, and to provide for election of Commissioners for the same, approved January 22, 1852, and for other purposes. Section 1. Be it enacted, c. , That from and after the passage of this act, the acts incorporating the village of Cave Spring be so amended that the Commissioners of said village be authorized to levy an annual tax, in the form of license, upon retail dealers in spirituous liquors, for not less than five hundred dollars, nor more than one thousand dollars, for each license. Commissioners may levy an annual tax, c. Sec. 2. Be it further enacted , That said Commissioners be authorized to work the streets of said village under the general road laws of the State of Georgia, and that they be empowered to levy a tax of twenty per cent. upon the State tax upon all property, both real and personal, within the incorporate limits of the village, except that used for religious or educational purposes. And work the streets, c. Sec. 3. Repeals conflicting laws. Approved March 18, 1869. (No. 67.) An act to incorporate the town of Cochran, in the county of Pulaski, and to appoint officers for the same. Section 1. Be it enacted, c. , That David S. Dykes, B. F. Ryle, A. H. Lawfair, J. J. Green, be, and are hereby, appointed Commissioners of the town of Cochran, in the county of Pulaski, with power and authority to make and enforce such by-laws and regulations for the government of said town as they may deem necessary; Provided , Such by-laws are not repugnant to the Constitution of this State or the United States. Commissioners. Powers. Proviso. Sec. 2. And be it further enacted , That the said town be, and is hereby, incorporated, and the limits of said incorporation shall extend one-half mile square from the business center of the said town. Corporate limits. Sec. 3. And be it further enacted , That the said Commissioners, and their successors in office, be a body politic, for the purpose herein set forth, with power to elect a President from their number, with power to fill vacancies that may occur in the said Board during the time for which they are elected. Presidentvacancies. Sec. 4. And be it further enacted , That the Commissioners herein appointed shall hold their offices thirty days after the passage of this act, when an election shall be held in said town, under the supervision of at least one Justice of the Peace, or Notary Public, and such other persons as said Board of Commissioners shall elect at said election. All persons entitled to vote for Governor and members of the General Assembly, residing within the corporate limits of said town for the period of twenty days, preceding said

Page 76

election, shall be entitled to vote. Said Commissioners, when elected, shall hold their offices until their successors are elected and qualified. There shall be an election held, annually, at such time as the first Board of Commissioners, elected under this act, may direct. Term of office. Electionssupervisors. Qualifications of voters at such election. Annual elections. Sec. 5. Repeals conflicting laws. Approved March 19, 1869. (No. 68.) An act to amend an act entitled an act to incorporate the city of Covington, in the county of Newton; to define the corporate limits thereof, and for other purposes mentioned therein, approved February 17, 1854. Section 1. Be it enacted, c. , That from and after the passage of this act, at all elections for Mayor and members of the City Council of said city, the qualifications of the electors thereof shall be such as are required for the electors of the General Assembly of this State; and in addition thereto bona fide residence within the corporate limits of said city for a period of thirty days next preceding the election, and the payment of all taxes legally required of them. Elections for Mayor, c., in Covington. Electoral qualifications. Sec. 2. That the Mayor and Council of said city shall have power to charge for retail liquor licenses such sum, not exceeding one hundred dollars, as they may see fit. Retail liquor licenses. Sec. 3. Repeals conflicting laws. Approved March 16, 1869. (No. 69.) An act to change the corporate lines of the city of Cuthbert. Section 1. Be it enacted , That the western line of the corporate limits, of the city of Cuthbert, be so changed as to exclude from the corporate limits of said city that portion of the farm of Jesse B. Key, now included therein. Sec. 2. That if it should be necessary to re-survey any portion of said line, by reason of this change, the expense of said survey be paid by said Jesse B. Key. Sec. 3. Repeals conflicting laws. Approved March 18, 1869.

Page 77

(No. 70.) An act to incorporate the town of Drayton, in the county of Dooly. Section 1. The General Assembly of Georgia do enact , That the town of Drayton, in the county of Dooly, is hereby incorporated and made a body corporate and politic, the incorporation to extend one-fourth of a mile in every direction from the old court-house in said town. Drayton incorporated. Sec. 2. The following persons, viz: Samuel P. Bond, W. C. Lovejoy, Wesley Calhoun, John H. Wallace and John E. Riley, are hereby declared Commissioners for said town, and they shall hold their office till the first Saturday in January, 1870, or until their successors are elected and qualified. The election for Commissioners is hereby declared to be annual, on the first Saturday in January in each and every year; Provided , That, should said election not take place on the day prescribed in this act, the existing Board of Commissioners may order a special election, by giving ten days' notice thereof, by posting a notice of the same in three conspicuous places in said town. Corporators Term of office. Annual elections. Provided. Notice. Sec. 3. That the Commissioners nominated in this act, as well as their successors, shall elect one from among their number to be Chairman of the Board, and one, also, to be Secretary and Treasurer. Elect chairman. Sec. 4. That at all elections for Commissioners, the same qualifications for electors shall prevail and be of force as is required of electors for members of the General Assembly of this State. Electoral qualifications. Sec. 5. The Commissioners shall levy such tax upon the property of citizens, not to exceed fifty per cent. on the State tax, as may be necessary to carry on economically the municipal government of said town. Shall levy a tax, c. Sec. 6. That the Commissioners shall have power to tax exhibitions, shows, circuses, and other entertainments given for purposes of gain, and may force the collection of the same, if necessary, by execution, levy and sale of the property of the defaulter. Powers. Sec. 7. That the Commissioners may elect, if they deem it necessary, a Marshal, who shall receive such compensation, not to exceed three hundred dollars per annum, as the Commissioners may deem just and proper. Marshalhis compensation. Sec. 8. That the Commissioners shall have power to adopt such by-laws, rules, regulations and ordinances, not repugnant to the Constitution of this State or of the United States, as may be necessary to promote the good order, abate nuisances and generally to advance the interest and prosperity of said town; Provided , That the penalties for a violation of any of the rules and ordinances of said corporation shall not exceed a fine of fifty dollars, or imprisonment for ten days. By-laws, c. Proviso. Restrictions on penalties Sec. 9. Repeals conflicting laws. Approved March 19, 1869.

Page 78

(No. 71.) An act to amend the several acts incorporating the town of Forsyth, in the county of Monroe, and to extend the powers of the Commissioners of said town. Section 1. Be it enacted, c. , That from and after the passage of this act, the Commissioners of the town of Forsyth, in the county of Monroe, under and by the name of the Town Council of Forsyth, shall be capable in law to purchase, hold, possess, sell and convey real and personal estate, as the interests of said town may require, and by the aforesaid name of the Town Council of Forsyth, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any Court of law and equity in this State. Style, powers. Sec. 2. That said Commissioners, under and by the name aforesaid, shall have full power and authority to make such subscription or subscriptions in behalf of said town for such stock in any railroad or other company as may be deemed necessary and proper for promoting the growth and prosperity of said town, and also to issue bonds upon the faith and credit of said town to secure said subscriptions, and to levy such tax upon the real estate and stock-in-trade in said town as may be necessary for the payment and redemption of the same; Provided , Said tax shall not exceed two per cent. per annum on the value of said property; And provided further , That no subscription or subscriptions shall be made by said Commissioners in any railroad or other company, unless the same shall be authorized by a majority of the legal voters residing in said town voting in an election to be held therefor under the superintendence of said Commissioners, or such persons as they may appoint, and of which election twenty days' notice shall be given by the Commissioners aforesaid. Proviso. Sec. 3. Repeals conflicting laws. Approved March 11, 1869. (No. 72.) An act to alter and amend the several acts incorporating the city of Griffin, and amendatory of the same; to increase the powers of the Mayor and Council of said city, and for other purposes therein named. Section 1. The General Assembly of the State of Georgia do enact as follows , That from and after the passage of this act, the Mayor and Council of the city of Griffin shall have power to levy and collect a tax upon all and every species of property, real and personal, within the limits of the city of Griffin, which is or may be subject to taxation by the laws of this State, not exceeding seventy-five cents on every hundred dollars value of said property. Mayor and Council of Griffin may levy a tax. Limitation.

Page 79

Sec. 2. In addition to the general qualification of voters under the Constitution and laws of this State, no person shall be entitled to vote at any election under the laws incorporating said city, who, at the time of said election, has not paid all taxes due said city from such voters for the year preceding said election, and which he has had an opportunity to pay, and who shall not have permanently resided in said city for the term of thirty days preceding said election, and who is not a registered voter of said city, as hereinafter prescribed. Electoral qualifications. Sec. 3. The Mayor and Council of said city are hereby authorized and empowered to make all needful rules and regulations concerning the registry of all qualified voters within the same, which registration shall be open and public, beginning on the notice in the public journals, not exceeding two, of said city; said registration and the books thereof to be kept open for five days before said election, at the City Hall, and before the inspection of the public at all times; and should any challenge or dispute arise as to the right of any person to register, said challenge shall be determined by the Commissioners of Registration, not exceeding three, whom the Mayor and Council are hereby authorized to appoint, with the right of appeal to the Mayor and Council on notice, written or verbal, by either the party challenging or the party challenged, in which event the said Mayor and Council shall have power to reverse or affirm the decision of the Commissioners, and such judgment shall be final, and an order shall issue accordingly. The Commissioners shall issue tickets of registration in all cases, except in cases of appeal; in such cases, the certificate may be issued by the Clerk of Council, if ordered by the Mayor and Council as aforesaid, and without which ticket of registration no one shall be permitted to vote, unless upon due proof of registration and loss of certificate. Municipal powers. Sec. 4. That the Marshal, Clerk and all other officers and policemen now existing, or hereafter to be created under the corporation of said city, shall be elected by the Mayor and Council of said city within ten days, if practicable, after its annual election of said Mayor and Council and their entrance upon the duties of their office. Marshal, Clerk, c.how elected Sec. 5. Said Mayor and Council shall have power to appoint assessors of all real estate, subject to taxation, within said city; which assessors shall not exceed three in number, who shall, under oath impartially to execute the duties of their office, when required, proceed to assess, as subject to taxation, all real estate within the limits of said city, and place upon the same the fair market value thereof, and report the same to the Clerk immediately upon such assessment; and in case of disagreement between the tax-payer, or his agent or attorney, and the said assessors, as to the value of any property thus assessed, there may be an appeal to the next meeting of Council, by written or verbal notice, whose decision shall be final. Powers. Taxation. Sec. 6. It shall be the duty of the Treasurer or Clerk of Council to publish, in some public journal of the city of Griffin, a

Page 80

monthly statement of the receipts and expenditures for the month previous, in plain, tabular form, with names of all parties to whom payments have been made, and the amounts thereof. Monthly statements to be published. Sec. 7. Repeals conflicting laws. This act became a law 25th February, 1869, without Executive approval, by the lapse of five days from its receipt by the Governor. (No. 73.) An act to incorporate Homersville, in the county of Clinch, and to appoint Commissioners for the same, and for other purposes therein mentioned. Section 1. It is hereby enacted, c. , That Allen Smith, Alfred Nawbern, Joel Strickland, John J. Johnson and B. G. O'Bryan be, and they are hereby, appointed Commissioners of Homersville, in Clinch county, Georgia, with power and authority to make such by-laws for the government of said town of Homersville as may be necessary for the preservation of good order; Provided , Said by-laws be not repugnant to the Constitution and laws of this State or those of the United States. Corporators Powers of. Proviso. Sec. 2. That the said town of Homersville is hereby incorporated, and the limits of the incorporation shall extend from the court-house, in every direction, one-half a mile, the boundary to be laid off square and parallel with the Atlantic Gulf Railroad. Corporate limits. Sec. 3. That the Commissioners herein named and appointed shall hold their appointments until the first Saturday in January, 1870, when an election shall be held in said town of Homersville, superintended in the same manner as an election for Justices of the Peace, for five Commissioners; and all persons entitled to vote for members of the General Assembly, who may have resided within the limits of said town of Homersville during the ten days preceding the election, or may hold freehold property within the limits of said town of Homersville, shall be entitled to vote for said Commissioners; and said Commissioners shall be elected annually thereafter in like manner. Term of office election how superintended. Electoral qualifications. Annual elections. Sec. 4. That the Commissioners so appointed, or elected, shall, as soon as convenient, appoint one of their number President; and shall also have power to appoint a Marshal, a Treasurer and Clerk, all of whom shall be severally sworn faithfully to discharge the duties required of them as President, Commissioners, Marshal, Treasurer and Clerk, to the best of their ability, during the time they may hold their appointment. President, Marshal, coath of. Sec. 5. That the said President and Commissioners, or a majority of them, shall hold their meetings at such times and places, within the said town of Homersville, as they may think proper shall have power to levy a tax on real and personal property within the limits of said town of Homersville, and for the benefit thereof; Provided , Said tax shall not exceed fifty per cent. on the amount of the State tax. They may pass rules and regulations

Page 81

for taxing ten-pin alleys, billiard tables, and other establishments calculated to encourage idleness, shows in said town of Homersville, performing for the purpose of gain, and itinerant traders within the limits of said town of Homersville; and shall have power to regulate or prohibit the sale of spirituous liquors, and other intoxicating drinks, within the limits of said town of Homersville; Provided , That persons selling such liquors, under a license from said Commissioners, shall not be exempt from also purchasing like license from the county authorities. Said Commissioners shall also have power to pass laws for enforcing order, for removing nuisances, and for the promotion of peace and good order; and shall have full power to remove all obstructions from the streets of the said town of Homersville, according to the original survey of said town of Homersville. They shall also have power to punish offenders against their by-laws by fine and imprisonment; Provided , Such fines shall not exceed ten dollars, or ten days' imprisonment, for each violation of their by-laws. They shall also have power to call out such persons as are liable to perform road duty, and who reside within the limits of said incorporation, to work on the streets of said town of Homersville for a term not to exceed five days in one year. Proviso. Sec. 6. That the said President and Commissioners shall require bond and security of their Marshal, Treasurer and Clerk, in such amount as they may think proper, and allow them such compensation for services as the said Commissioners may deem just and proper. May require official bonds. Sec. 7. Repeals conflicting laws. Approved February 15, 1869. (No. 74.) An act to amend an act to incorporate the town of Hartwell, in the county of Hart, approved February 26, 1856. Section 1. Be it enacted by the General Assembly , That section fourth of the above recited act be amended as follows: That said Commissioners shall be authorized to grant licenses for the sale of all spirituous liquors within the corporate limits of said town in any quantity, under such rules and restrictions as they may prescribe. Sec. 2. Repeals conflicting laws. Municipal officers to grant retail licenses. Approved March 6, 1869. (No. 75.) An act to incorporate the town of Kingston, in the county of Bartow; to appoint Commissioners for the same, and for other purposes. Section 1. The General Assembly of Georgia do enact , That from and after the passage of this act, L. M. Gillam, T.F. Tonis, C.N.

Page 82

Mayson, T. R. Couch and M. McMurry, and their successors in office, be, and they are hereby, made a body corporate and politic, under the name and style of the Town Council of Kingston, and shall hold their office until the first Saturday in January, 1870, and until their successors are elected and qualified. Corporators Style. Sec. 2. That on the first Saturday in January, 1870, and on the first Saturday in January of each subsequent year, an election shall be held, at some convenient place in said town, for five Commissioners, to serve for one year subsequent to their election, and until their successors are elected and qualified, at which election no person shall be entitled to vote, excepting residents within the corporate limits of said town, who are entitled to vote for members of the General Assembly, at which election three freeholders, residents in said town, may preside; but no person shall be eligible to the office of Commissioner for said town who has not resided within the corporate limits of said town six months immediately preceding the election, nor shall any person be qualified to vote for Commissioners of said town unless he shall have resided within the corporate limits of said town one month immediately preceding the election, and have paid all taxes and fines required of him by the authorities of said town during the time he has resided within the corporate limits of said town, and done all the work on the streets in said town that may have been required of him. Electionwhen heldCommissioners. Qualifications of voters. Office of Commissioner. Who may vote. Sec. 3. That the corporate limits of the town of Kingston shall be one-half mile square, and the depot of the Western Atlantic Railroad, in said town, shall be the center of said corporate limits; and the lines of said corporate limits shall run north and south, east and west. Corporate boundary. Sec. 4. That the Board of Commissioners of said town shall have authority to elect one of their number President of the Board, who shall preside at all their meetings when present; and said Board of Commissioners shall have authority, in the absence of their President, to elect a temporary President, and three of said Board of Commissioners shall constitute a quorum for the transaction of any business. Said Board of Commissioners shall have authority to appoint a Marshal and Deputy Marshal for said town, and to appoint a Secretary and Treasurer for said Board, and to require of each of said officers such bond and security as said Board may think proper, and to allow them such compensation for their services as may be reasonable and just. Election of President. President pro. tem.quorum. Marshal, c. Secretary and Treasurer. Bonds. Sec. 5. That said Board of Commissioners shall have power and authority to fix the amount to be paid by any person for license to retail spirituous and malt liquors, and the amount paid for such license in said town shall be paid into the treasury of said town for the benefit thereof; and said Board of Commissioners shall have power and authority to levy and collect such tax on all real and personal property within the corporate limits of said town as they may think proper, and to collect such tax on all incomes of persons residing within the corporate limits of said town as they may think proper; Provided , That the tax on the value of the real

Page 83

and personal property in said town shall not exceed the one-half of one per cent., and the tax on the net income shall not exceed two per cent. Powers of Board. Proviso. Sec. 6. That said Board of Commissioners shall have power to pass such rules and ordinances for the good government and order of said townthe collection of town taxes, the punishment of disorderly conduct, and the preservation of peace and quiet, and the protection of the citizens of, and persons visiting, said townas they may think necessary and proper; Provided , They are not inconsistent with the Constitution and laws of this State or of the United States. Powers of Board. Sec. 7. That all fines levied or assessed for the violation of any of the rules and ordinances of said town shall be in the discretion of said Board of Commissioners, and execution may issue for the same, when necessary, which may be levied and collected by the Marshal of said town, under such rules and regulations as the laws of this State provide for the levying and collecting executions issued by a Justice of the Peace; Provided , That said Board of Commissioners shall issue no fine for more than one hundred dollars. Fines leviedhow collected. Sec. 8. That if any person shall fail or refuse to comply with the provisions of the ordinances of said town fixing the fee for, and regulating the granting of, license to retail spirituous and malt liquors within said town, said Board of Commissioners shall have power and authority to levy and have collected a fine not exceeding ten dollars for each day any person shall sell any spirituous or malt liquors without complying with the ordinances regulating the same. Retail licenses. Fine for violating. Sec. 9. That said Board of Commissioners shall have power to require all male persons over eighteen and under sixty years of age, residing within the corporate limits of said town, to work the streets of said town in such way and manner as they may deem necessary, or to levy and collect such street tax from those who fail to work said streets as said Board may deem just. Streetsby whom worked. Sec. 10. That said Board of Commissioners shall have power to pass such ordinances as they may think proper to protect the health of the people of said town, to promote cleanliness, and to remove or suppress nuisances, and to enforce the same by proper and reasonable fines. Protection of health. Sec. 11. That said Commissioners shall have power to levy an extra tax, in addition to the taxes herein provided for, whenever they may deem it necessary, to purchase a fire engine, hose, pump and all necessary appurtenances. May levy an extra tax. Sec. 12. And be it enacted , That all the fines, taxes and forfeitures so collected under the provisions of this act shall be for the use of said town. Fines. c.how applied. Sec. 13. Repeals conflicting laws. Approved March 19, 1869.

Page 84

(No. 76.) An act to consolidate and amend the several acts incorporating the town of Lumpkin, in the county of Stewart, and to grant certain privileges to the same . Section 1. Be it enacted, c. , That from and after the passage of this act, the municipal government of the town of Lumpkin shall be vested in a Mayor and five Aldermen, who are hereby constituted a body corporate, under the name and style of the Corporation of the Town of Lumpkin. Mayor and Aldermen. Sec. 2. That the corporate limits of said town shall embrace one square mile, the court-house being the center. Corporate limits. Sec. 3. That an election shall be held in the court-house, in said town, within thirty days after the passage of this act, for the Mayor and Aldermen aforesaid, and that the officers elected at the first election shall hold their respective offices until their successors be elected on the second Saturday in January, 1870, shall have been qualified, and that elections shall occur on second Saturday in January in each year thereafter for said officers, who shall hold their offices for one year, or until their successors are elected and qualified. The qualifications of the electors thereof shall be such as are required for the electors of the General Assembly. Election heldwhenfor what. Succeeding electionwhen held Electoral qualifications. Sec. 4. The said election shall be held by a Justice of the Peace of the town district and two freeholders, to be appointed by the Ordinary of Stewart county, as Superintendents; said Superintendents to take an oath for the due performance of their duties as such; to have the powers incident to Superintendents of Elections in this State; to administer oaths to voters as to their qualifications to vote, and shall duly declare the result of the election, and shall issue certificates of election, under their official signatures, to such persons as receive the highest number of votes polled; and the Mayor shall, within ten days, qualify, by taking an oath to well and truly perform the duties of his office, in the presence of an officer authorized to administer the same by the laws of the State, and that the Mayor, after his qualification, and at the first regular meeting of the Council thereafter, administer the oath to the Aldermen, and the same shall be entered on the minutes of the Council. Electionhow held. Superintendent's duties. Oath. Sec. 5. That in the event the office of Mayor, or any one or more of the Board of Aldermen, shall become vacant by death, resignation, removal, or otherwise, that the same be filled by election, by ballot, by the Aldermen, and that the officers so elected at a regular meeting of the Board shall hold their offices until their successors are duly elected and qualified. Vacancieshow filled. Term of office. Sec. 6. That said corporation shall have and enjoy all rights, powers and privileges incident to such corporations, not repugnant to the Constitution of the United States, Constitution of this State and the laws made in pursuance thereof. Rights, powers, c. Sec. 7. That said Mayor and Aldermen shall have full power and authority to enact all ordinances, by-laws, rules and regulations

Page 85

necessary and proper for the good government of said town, the peace and quiet, and health of the citizens thereof, and for the protection and preservation of public and private property therein. Their powers. Sec. 8. That the Mayor and Aldermen shall have power to appoint a Clerk and Treasurer of said corporation, and to consolidate said offices in the same person, and to select them from their own body, or from the citizens of the town, and appoint a Marshal, with full power to execute all processes issued by the Mayor, or from his Court, or Aldermen of said corporation, and to arrest all person or persons violating any of the ordinances, by-laws, rules or regulations of said corporation, and commit them to the guard-house, subject to trial by the Mayor's Court; and the said Marshal has full power to arrest all persons violating any of the ordinances, rules, by-laws and regulations of said corporation, and to execute and enforce the same, as may be directed therein. May appoint a clerk c. And Marshal. Other powers. Powers of Marshal, c Sec. 9. That the Mayor and other officers of said corporation shall receive such compensation as the Mayor and Aldermen may deem proper. Compensation. Sec. 10. That the Mayor of said corporation, or, in his absence, three of the Aldermen may hold a Police Court for the trial and punishment of all violators of the said ordinances, by-laws, rules and regulationsthe punishment inflicted by said Court not to exceed one hundred dollars fine, or thirty days' imprisonment, or both, at the discretion of the Court; and, in addition thereto, the costs of proceeding, which shall be the same in cases before the Court of Inquiry. Said Court has full power to punish, by fine or imprisonment, persons guilty of contempt of said Court, and to imprison, in the common jail of Stewart county, any and all persons who may be convicted of offenses under this act, or ordinances passed in pursuance thereof, when the penalty is imprisonment, and to imprison in said jail any and all persons guilty of offenses, when the penalty is fine, until costs of suit are paid, or otherwise discharged according to law; and the Jailor of said county is required to receive and confine in said jail all persons committed thereto, by said Court, and on his refusal to do so, he is subject to be punished by fine or imprisonment, or both, by said Court. Police Court. Restriction of jurisdiction. May use the common jail. Sec. 11. Said Mayor and Aldermen shall have full power and authority to assess, levy and collect the following taxes, in such manner and form as they may deem advisable, and to prescribe rules and regulations for the same, and penalties for non-compliance therewith: A tax on all personal and real property within said corporate limits, and on all professions, trades, business occupations, theatrical exhibitions, shows, or other performances exercised, exhibited or performed within the same. Taxation. Sec. 12. That said Mayor and Aldermen shall have the right to authorize the retail of spirituous liquors within the corporate limits of said town; to tax the same, and prescribe penalties for non-compliance therewith; to tax all peddlers, billiard tables, tenpin

Page 86

alleys, and all other games kept or played within the corporate limits of said town. Retail licenses. Peddlers, alleys, c. Sec. 13. Said Mayor and Aldermen shall have power to compel all persons liable to road duty by the laws of this State, who are residents of said town, to work on the streets of said town the same number of days that the laws of this State prescribe for road hands, or, in lieu of working on the streets, said Mayor and Aldermen may receive from hands an equivalent for said work in money, the amount to be prescribed by ordinance. Said hands shall be allowed to choose between working said streets under the direction of the Marshal or paying the amount prescribed by said ordinance, the hands to be warned or notified by the Marshal three days or more previous to the day of working, and the number of days to work, and the amount prescribed by ordinance to be paid in lieu of work; and if any hand is warned and notified shall fail to work said streets, or pay the equivalent in money, previous to or before the day of commencing the work, he shall be subject to such fine or imprisonment as may by the Mayor's Court be imposed. Powers of officers. Choice of road hands. Three days' notice. Sec. 14. That, in the arrest of any person for violating any of the ordinances, rules, by-laws and regulations of the corporation, the Marshal has full power to summons any member of the armsbearing residents of said corporation to assist or aid him in the execution of his duties; and if any person so summoned shall fail or refuse to aid and assist the Marshal, they shall be subject to fine or imprisonment, or both, as may be prescribed by the ordinances, c. Marshal may summon posse comitatus, c Penalty for refusing to obey. Sec. 15. That the Marshal shall have full power, at such times and occasions as he may be directed by the Mayor, to summons a sufficient number of the arms-bearing residents of said corporation to act as police guards or patrols, and all refusing to obey the Marshal in this respect shall be subject to punishment as the corporate authorities may direct. Powers of Marshal. Sec. 16. That said corporation shall have power to issue executions, which shall bind all the property of the defaulters from the date thereof, for such taxes as may be assessed under the provisions of this act, including the usual cost, and directed to the Marshal and signed by the Mayorsaid execution to be against the real and personal property of the defaulter, and levied thereon. The property shall be advertised at the court-house in said corporation for a period of thirty days, and sold on the next Sheriff's sale day subsequent to said period; and the deed of the Marshal, made in accordance with said sale, shall be as effectual to pass the title to said property to the purchaser as the deed of such defaulter. Powers of Corporation. Sec. 17. That a majority of the Aldermen, at any meeting of the Board, shall constitute a quorum for the transaction of any business, and at all meetings of the Board the Mayor shall preside, and shall only be allowed to vote in case of a tie. QuorumMayor shall preside. Sec. 18. Repeals conflicting laws. Approved February 9, 1869.

Page 87

(No. 77.) An act entitled an act to amend an act entitled an act to incorporate the town of Marthasville, in the county of DeKalb, passed on the 23d day of December, 1843, and also to enlarge the boundary of said town, and to incorporate the same under the name of the City of Atlanta; and to change the name of the Town of Rome to that of the City of Rome; to provide for the election of Mayor and City Councilmen, and other officers of said cities, and to confer upon them specified powers, and for other purposes herein mentioned . Section 1. Be it enacted , That the corporate limits of the city of Rome shall be so extended as to include the ground of the new cemetery adjacent to the city, and known as Myrtle Hill Cemetery, inclusive of the street or highway to the same from the Etowah bridge to the main entrance of the cemetery, and shall be so extended on the east of said city as to include all that part of lot number 246, south of lot number 235 and north of the Etowah River, and known as the Cothran and Chisolm addition. Corporate limits of Rome extended. Sec. 2. Be it further enacted , That no person shall be allowed to vote at any municipal election in said city who has not paid the taxes required of him by the laws or ordinances of said city, and been duly registered according to the requirements of this act as hereinafter contained. The Clerk of the Council shall open a list for the registration of voters on the first (1st) Monday in September in each and every year, which list shall be kept open until the second (2d) Monday in December following, when it shall be closed. It shall be the duty of said Clerk, upon the application in person, and not by proxy, of any person entitled to vote as aforesaid, within the time prescribed for the lists to be kept open, to register the names, age, occupation and place of residence of the applicant. But no person shall be entitled to register who shall not have had a continued residence within the incorporate limits of the city for thirty (30) days immediately preceding the election. The Clerk may in any case administer an oath to the applicant touching his right to be registered. It shall be the duty of the Clerk to arrange and publish an alphabetical list of the names so registered in one or more of the public gazettes of said city once in each week, beginning from the second (2d) Monday in October to the third (3d) Monday in December following, but in said list it shall not be necessary to publish the age, occupation or residence of said voters. The Clerk of Council shall furnish to the managers of the election for Mayor and Aldermen of said city for the opening of the polls a complete list of the names, age, occupation and residence of said registered persons; and when said election is over, the same shall be returned to the Clerk. The presiding managers of said election shall be authorized to administer the following oath to any person attempting to vote: You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia six (6) months, and within the corporate limits of this city for thirty (30) days immediately preceding

Page 88

this election; that you are twenty-one (21) years of age; that you have paid all lawful taxes due the city which have been required of you, and that you have been duly registered within the time prescribed by law. So help you God. Electoral qualifications. Clerk of Counci-his duites. Who may register. Oath may be administered. Voter's oath Sec. 3. Any person voting at such elections, who is not qualified to vote, shall be guilty of a misdemeanor, and, on conviction before the Superior Court of Floyd county, shall be punished by fine and imprisonment, or both, at the discretion of the Court. Illegal voting misdemeanorpenalty. Sec. 4. Be it further enacted , That, to fully subserve the interest of said city, said Mayor and Council may impose and collect a tax of not exceeding three-fourths of one per cent. on all the real estate and personal property of said city, which is by the laws of this State subject to taxation, to be collected at such time and in such manner as said Mayor and Council may direct. City tax. Sec. 5. Be it further enacted , That all fines and penalties imposed by the Mayor, or by any three or more members of Council, for violations of the city ordinances, shall be levied by warrant or execution of distress, and sale of the offender's goods, if any to be found, otherwise of his lands and tenements; and in case of no such property, then the defendant may be imprisoned for the space of not exceeding ten (10) days, or in lieu thereof, at his option, be made to do public work within the limits of the city for not exceeding thirty (30) days. Fineshow levied. Sec. 6. Be it further enacted , That in the trial and investigation of causes and misdemeanors, committed in said city, the Mayor shall, by virtue of his office, have the same power and authority as is now, by the Constitution and laws of this State, given to the Justices of the Peace. Jurisdiction of misdemeanors. Sec. 7. Be it further enacted , That from and after the 1st day of January, 1870, the Mayor of said city shall receive, as compensation for his services as Mayor, such sum, not exceeding five hundred dollars; and the Aldermen of said city shall receive such sum, not to exceed one hundred dollars, as compensation for [Illegible Text] services, as may be determined by the Mayor and Council of said city. Mayor's compensation, Aldermen. Sec. 8. Be it further enacted , That said Mayor and Council shall have the power to appoint, in each and every year, three Assessors of real estate, in said city, and their assessment shall be made under oath, and the tax on said real estate shall be collected on the valuation of said Assessors. Appointing power. Sec. 9. Repeals conflicting laws. This act became a law, without the Executive approval, by lapse of five days from its receipt by the Governor without being returned by him.

Page 89

(No. 78.) An act to provide for and authorize an election of Mayor and Aldermen, Clerk of City Council and Marshal, of the city of Milledgeville. Whereas, The regular annual period of holding the city election in Milledgeville passed without an election, owing to a want of conformity of the existing charter to certain features of our lately adopted State Constitution; Preamble. Section 1. Be it enacted by the General Assembly , That so soon as practicable, after the passage of this act, the acting Clerk of the City Council of Milledgeville shall give notice of an election to be held in said city for the offices of Mayor and Aldermen, and Clerk and Marshal of the same, which shall be published in the city gazettes for ten days previous to the day of election, and shall be superintended as now required by law. Election of officers in Milledgeville. Sec. 2. Be it further enacted , That no person shall be qualified to vote for any of the officers mentioned in this act, unless he shall have resided within the city of Milledgeville thirty days immediately preceding said election, and shall have paid all legal taxes, which may have been required of him by the several ordinances of said city, which he has had an opportunity to pay; Provided , That in all cases where the superintendents have reason to doubt the legality of any vote, it shall be their duty, and they are hereby authorized, to administer an oath as to the qualifications herein recited; whereupon the vote of the party shall be received and counted; and on proof of his swearing falsely, as to any one of them, such party shall be liable to arrest and punishment for false swearing, according to the existing laws of this State. Electoral qualifications. Proviso. Sec. 3. Be it further enacted , That the provisions of this act shall apply to all future elections of city officers, until modified or repealed by competent authority; Provided , That the time of holding said elections shall be annual, on the first Saturday in December of each year, as now prescribed by law and managed as heretofore. Provisions apply to future elections of city officers. Sec. 4. Repeals conflicting laws. Approved March 11, 1869. (No. 79.) An act to amend an act incorporating the town of Sandersville, in the county of Washington. Section 1. Be it enacted, c. , That from and after the passage of this act, the charter of the town of Sandersville be so amended as to authorize the Commissioners of said town to sue and be sued, plead and be impleaded in any Court of law or equity in this State; and shall have power to acquire, take and hold property, both real and personal, either by gift, grant, demise, purchase or otherwise, and may sell, convey, or alien the same. Charter alteredhow.

Page 90

Sec. 2. That said Commissioners shall have power to pass and enact such rules, laws, ordinances and regulations as they, or a majority of them, may deem most conducive to the best interest of the citizens of said town, and the said Commissioners are hereby invested with full power and authority to enforce the observance thereof; Provided , Said rules, laws, ordinances and regulations are not violative of the Constitution of this State, or the United States, or the laws thereof. Powers of Commissioners. Proviso. Sec. 3. That said Board of Commissioners shall have the right to assess a tax upon all parties engaged in merchandising or other business within the corporate limits of said town of Sandersville; Provided , The specific tax so assessed shall not in any instance exceed ten dollars; And provided further , This tax, or the limit put upon it, shall not be construed as interfering with or regulating the tax now imposed, or that shall hereafter be imposed, upon the sale of spirituous liquors in said town of Sandersville. May assess tax, c. Proviso. Sec. 4. That the Intendant of the town of Sandersville be, and is hereby, authorized to try all offenders against the laws, ordinances, rules and regulations of said town, with right of appeal on the part of the party so charged to the entire Board of Commissioners. Jurisdiction of Intendant Sec. 5. Repeals conflicting laws. Approved March 19, 1869. (No. 80.) An act to incorporate the town of Social Circle, in the county of Walton, and to appoint Commissioners for the same, and to point out the mode of electing Commissioners, c., and for other purposes. Section 1. The Legislature of Georgia do enact as follows , That the corporate limits of the town of Social Circle, in the county of Walton, extend over and embrace the area of one-half mile from the center of said town in every direction. Corporate limits. Sec. 2. Be it further enacted , That A. M. Colton, C. H. Shipp, J. T. Eckler, DeCalb Reynolds and G. W. Garnett be, and they are hereby, appointed Commissioners of said town, who shall, at their first meeting, elect from their body a President, Treasurer and Clerk, and appoint a Marshal and all other officers that they may think proper to carry this act into full execution, and the said Commissioners and President, and their successors in office, are hereby declared to be a body corporate and politic, under the name and title of the Commissioners of the town of Social Circle, and by that name be empowered to sue and be sued, implead and be impleaded in any of the Courts of this State, and the said Commissioners, or a mojority of them, and their successors in office, shall have full power and authority to make all by-laws, rules and regulations necessary and proper for the government of said town, which are not repugnant to the Constitution and laws of this State or of the United States. Commissioners. President. Treasurer. Clerk. Marshal, c. Style, powers.

Page 91

Sec. 3. Be it further enacted , That the said Commissioners, appointed as aforesaid, shall hold their offices until the first day of January, 1870, and until their successors are elected and qualified; said election shall be held on the first Monday in April, 1870, and annually thereafter, and all persons within said corporate limits, who are by law entitled to vote for members of the General Assembly, shall be entitled to vote for said Commissioners. Said election shall be conducted by two freeholders, who reside within the said corporate limits, and if, from any cause, said election should not be held at the time herein specified, then it shall be lawful to hold it on any other day the Commissioners, or a majority of them, may direct; and in case of a vacancy by death, resignation or otherwise, said Commissioners shall have power to order an election to fill said vacancy; said election shall be conducted as hereinbefore specified, ten days' notice being first given. Term of office. Electionwhen held. Electoral qualifications. Electionhow conducted. Vacancy. How filled. Sec. 4. Be it further enacted , That the said Commissioners shall have power to levy a tax, annually, of not more than twenty dollars, upon each grocery or retail liquor shop, ball alley, billiard table, or any other table of like character, which may be set up in said incorporation. They shall also have power to levy a tax, not exceeding twenty-five dollars, on all shows that may be exhibited within said incorporation. Powers. Sec. 5. And be it further enacted , That the said Commissioners shall have power, by their Clerk, to issue executions or enforce the payment of all taxes, fines, debts due to said incorporation in their corporate capacity, bearing test in the name of their President, and be directed to the Marshal, whose duty it shall be to levy said execution on any of the property belonging to the defendants that may be found in Walton county. Sec. 6. Be it further enacted , That all moneys that may be collected by said corporation, by virtue of this act, (except their fees hereinafter mentioned,) shall be paid into the hands of the Treasurer, to be applied by him as the Commissioners may direct, for the benefit of the citizens of said corporation. Moneys collected byhow disposed of. Sec. 7. Be it further enacted , That said Commissioners shall be allowed the same fees as Justices of the Peace for the like services, and the Marshal shall be allowed the same fees which the Sheriff is allowed by law for like services. Commissioners' feesMarshal's fees. Sec. 8. Be it further enacted , That said Commissioners, and all officers appointed by them, shall, before entering upon the duties of their office, take and subscribe to the following oath: That I will, to the best of my ability, discharge the duties of a..... for the town of Social Circle during my continuance in office, and that I will support and defend the Constitution of the State and of the United States. So help me God. Oath of office. Sec. 9. Be it further enacted , That said Commissioners shall have power to fine or imprison, or both, at their discretion, all persons who shall be guilty of a violation of any of the by-laws, rules and ordinances of said corporation; Provided , That said fine shall at no time exceed the sum of five dollars, and that the term of imprisonment shall not exceed five days. Power.

Page 92

Sec. 10. Be it further enacted , That the Marshal, appointed as aforesaid, shall have power to call to his aid, in the execution of the duties of his office, all persons living in said corporation. Posse comitatus must assist Marshal when ordered. Sec. 11. Be it further enacted , That said Commissioners shall have power to levy a capitation tax of not more than two dollars on every person within the limits of said corporation, who is subject to road duties, which tax shall be in lieu of said duties, and have such power to levy such tax on real property (not exceeding one-third of the State tax) as they may think necessary to advance the interest and promote the welfare of the citizens within said incorporation. Taxation. Sec. 12. Be it further enacted , That all persons within the corporate limits of said town shall be exempt from all road and patrol duties without said limits. Road duty. Sec. 13. Repeals conflicting laws. Approved March 18, 1869. (No. 81.) An act to incorporate the town of Spalding, in the county of Macon, and to confer upon the citizens of said town certain powers and privileges herein mentioned. Whereas, John R. Battle, J. G. Cheeves, Miles H. Collins, John Causey, Geo. L. Massy, Daniel Haugabook, Nathan M. Massy, John H. McKenzie, A. Judson Cheeves, and their associates, have erected a large edifice for educational purposes, known as Spalding Seminary; and whereas, it is desirable at once to lay out, arrange and establish a town, as the dwelling place, as well for the stockholders, officers, patrons and friends of the said Seminary, who may choose to become inhabitants of the said town, and to provide for the preservation of good order among the citizens and others, and for the purpose of protecting public and private property therein, and to keep in repair the public streets, roads and alleys within the corporate limits of said town; Preamble. Section 1. Be it enacted, c. , That John R. Battle, J. G. Cheeves, Miles H. Collins, John Causey, Geo. L. Massy, Daniel Haugabook, Nathan M. Massy, John H. McKenzie, A. Judson Cheeves, and their associates, are hereby empowered to lay out, arrange and establish upon the land of the stockholders, at and around Spalding Seminary, in such manner and form as they may deem best and most suitable to their own interest, and to that of the citizens of said town, and to the prosperity of said Seminary of learning, a town to be known and called by the name of Spalding, and that the said town of Spalding be, and the same is hereby, incorporated and made a body politic and corporate; the limits of said corporation shall extend one mile, in every direction, from Spalding Seminary, considered as the center. Corporators Powers. Sec. 2. That the citizens of said town, qualified to vote for members of the General Assembly, shall, on the first Saturday in May,

Page 93

1869, after this act shall become a law, elect seven fit and proper persons, qualified educationally, morally and intellectually, to act as Commissioners, who, as well as their successors in office, shall have power to make such by-laws, rules and regulations for the government and good order of the said town, as they, or a majority of them, may deem necessary; Provided , The said by-laws, rules and regulations be not repugnant to the Constitution of this State or of the United States. Electoral qualification. Election of Commissioners. Commissioners' powers. Proviso. Sec. 3. That the said Commissioners, so to be elected as aforesaid, shall continue in office until the first Saturday in May, 1870, on which day, and on the first Saturday in each and every May thereafter, all persons entitled to vote for members of the Legislature shall, at such place in said town as shall be designated by a by-law of the said corporation, by ballot, elect seven Commissioners, who shall continue in office one year, and until their successors are elected and qualified; Provided , That no person, except a resident of said town, or a stockholder in said Seminary, shall be eligible to the office of Commissioner. The said elections shall be holden by three freeholders, who are citizens of the said town, whose duty it shall be to cause the polls of said election to be opened not sooner than nine o'clock, A. M., nor permit them to be closed before one o'clock, P. M., and to receive the ballots and count out the same, and give to the persons receiving the highest number of votes at said election [Illegible Text] certificate of his or of their election, and if, from any cause, the said election should not be held on the day aforesaid, then it shall be held at such other time as said Commissioners, or a majority of them, may determine upon, giving five days' notice thereof; and if a vacancy shall occur in the said Board of Commissioners, the remaining Commissioners, or a majority of them, may order an election to fill such vacancy upon giving like notice thereof. Commissioners and other officers of said corporation shall be eligible to re-election. Term of office. Annual election of Commissioners. Proviso. Electionhow managed, c. Failing to hold election, then may hold any other time, c. Sec. 4. That the Commissioners of said town, and their successors in office, shall have full power and authority to impose and collect a street tax upon the citizens of said town, and also a tax upon all property, real and personal, and stock-in-trade, in said town; Provided , Such street tax shall not exceed three dolllars. and such tax on property shall not exceed ten cents on every one hundred dollars value thereof for the term of one year; and that said Commissioners, or a majority of them, shall have full power and authority to impose and collect a tax on all shows and exhibitions not connected with said Seminary, performing in said town for the purpose of gain, and also to have full power and authority to prohibit all gaming tables, and games of hazard which they may deem inconsistent with the best interest of said Seminary of learning. Street tax. Proviso. Tax on shows, c. Sec. 5. That the funds raised and collected as aforesaid, after defraying the expenses and charges incident to the levying and collecting the same, shall be applied by the said Commissioners, or a majority of them, to the necessary expenses and improvement

Page 94

of the said town in such manner as to them shall seem advantageous. Such revenue how disposed of. Sec. 6. That the said Commissioners, or a majority of them, shall have the power to prohibit the sale of spirituous or fermented liquors within the corporate limits of said town, or to grant or to refuse a license to retail such liquors for medical purposes under such regulations and restrictions as they may from time to time prescribe. May prohibit sale of spirituous liquors. Sec. 7. Repeals conflicting laws. Approved March 16, 1869. (No. 82.) An act to authorize the Town Commissioners of the town of Spring Place, Murray county, to issue license for the retail of ardent spirits, and for other purposes. Section 1. Be it enacted, c. , That the Town Commissioners of the town of Spring Place, in Murray county, are hereby authorized to grant license to applicants to retail spirituous liquors in quantities less than one quart in the corporate limits of said town. Commissioners in Spring Place to grant retail licenses Sec. 2. Be it further enacted , That such applicant, before receiving said license, shall take the oath required of retailers, and shall pay to the Treasurer of said Town Commissioners the sum of fifty dollars for a license to retail for twelve months. Oath of seller, licenses fee. Sec. 3. Repeals conflicting laws. Approved March 20, 1869. (No. 83.) An act to incorporate the town of Thomaston, in the county of Upson; to appoint Commissioners for the same, and for other purposes. Section 1. Be it enacted, c. , That T. A. D. Weaver, E. B. Atwater, J. A. Colton, D. R. Beall and J. N. Webb, and their successors in office, be, and they are hereby, made a body corporate and politic, under the name and style of the Town Council of Thomaston, and shall hold their offices till the first Saturday in January, 1870, and until their successors are elected and qualified. Corporators Style. Term of office. Sec. 2. That on the first Saturday in January, 1870, and on the first Saturday in January of each subsequent year, an election shall be held at the court-house in said town for five Commissioners, to serve for one year subsequent to their election, and until their successors are elected and qualified, at which election no person shall be entitled to vote, excepting residents within the corporate limits of said town, who are entitled to vote for members of the General Assembly, and who shall have resided in the corporate limits of said town thirty days preceding the electionat

Page 95

which election three freeholders, residents in said town, may preside. Electionwhen held. Qualification of voters. Sec. 3. The corporate limits of said town shall extend one-half mile in every direction from the court-house therein. Corporate limits. Sec. 4. The Town Council shall, at the first meeting after their election and qualification, elect from their own number a presiding officer, who shall be styled Chairman of the Town Council of Thomaston, and appoint a Clerk, Marshal and Treasurer, who shall hold their office for the time they were appointed. Town Council shall elect a Ch'rman, Clerk, Marshal, Treasurerterm of office. Sec. 5. The persons appointed and thereafter elected as members of said Town Council, shall, before entering upon the discharge of their duties, take an oath faithfully and impartially to discharge the duties of their office. Oath. Sec. 6. The said Chairman shall be ex officio Justice of the Peace within the corporate limits of said town, so as to enable them to issue warrants for offenses committed therein, and to bail and commit offenders according to law. Chairman ex-officio J. P. Sec. 7. A majority of said Council shall constitute a quorum for the transaction of business, and shall have power to pass all ordinances necessary to regulate the liquor traffic in the corporate limits of said town; to grant license and fix the price of the same; to suppress drunkenness, gambling and all other species of crime; to impose and collect tax on all shows, billiard tables, circuses and exhibitions performing in said town for the purpose of gain; to compel all persons residents of said town, who are, under the laws of this State, subject to road duty, to work the streets of said town, or pay a capitation tax for the purpose of keeping up said streets, and to pass all other ordinances necessary to promote the interest of said town, and not repugnant to the Constitution of Georgia and the Constitution of the United States. They shall have power to enforce obedience to these ordinances by fine of not less than one or more than twenty dollars, at their discretion. Quorumpowers of Council. Sec. 8. Repeals conflicting laws. Approved March 19, 1869. (No. 84.) An act to authorize John C. Smith and William M. Pitts, Commissioners in the corporation of the town of Thomson, in the county of Columbia, in this State, to order an election for three additional Commissioners of said town. Whereas, Under an act entitled an act to incorporate the town of Thomson, in the county of Columbia, and to appoint Commissioners of the same, and to point out the mode of electing Commissioners and other officers of said town, and to confer certain powers on the Commissioners thereof, and for other purposes therein mentioned, assented to December 16th, 1859, five men, to-wit: James S. Zachery, George A. Zachery, William M. Pitts, John C. Smith and A. L. Massengale, were appointed Commissioners

Page 96

with authority for a majority of them to order elections to fill vacancies occasioned by death, resignation or otherwise; and whereas, a majority of them have either died or resigned, and the remaining two, to-wit: John C. Smith and William M. Pitts, have no authority to order elections; and whereas, it is desired by the people of Thomson to have the benefits of an incorporated town; therefore, Preamble. Section 1. Be it enacted, c. , That from and after the passage of this act, John C. Smith and William M. Pitts, Commissioners of the town of Thomson, in the county of Columbia, be authorized and empowered to order one special election for three additional Commissioners for said town; Provided , That all persons now allowed to vote by the Constitution and laws of this State shall be allowed to vote at said election. Special electi'n may be ordered. Sec. 2. That the three Commissioners elected at said election, together with the first named two Commissioners, to-wit: John C. Smith and William M. Pitts, have all the powers and authority conferred upon the original Commissioners, under the act incorporating the town of Thomson, not contrary to the Constitution and laws of this State. Powers of such Commissioners. Sec. 3. Repeals conflicting laws. Approved March 18, 1869. (No. 85.) An act to incorporate the town of Trion, in the county of Chattooga, and for other purposes. Section 1. Be it enacted , That the town of Trion, in the county of Chattooga, be incorporated, and that the limits of said town embrace an area of one mile, including only the lands of the Trion Manufacturing Company, in every direction, and that the factory building be considered the center. Town of Trion incorporatedlimits of. Sec. 2. Be it further enacted , That Andrew P. Allgood, N. G. Worthing, G. P. Close, N. Coker and G. B. Moyers, be, and the same are hereby, appointed Commissioners for said town, who, as well as their successors in office, shall have power to make such by-laws and ordinances, for the government and good order of said town, as may be necessary; Provided , Such by-laws and ordinances are not repugnant to the Constitution of the United States nor of the State of Georgia; and that said Commissioners shall hold their office until the third Saturday in December, 1869, and have power to fill vacancies in their body by appointment. They shall also appoint a Marshal, who shall give bond and security to the said Commissioners, and their successors in office, for the faithful performance of his duty, and shall take and subscribe the following oath: I, A B, do swear that I will faithfully perform every duty required of me by law as Marshal of the town of Trion. Commissionerspowers of. Proviso. Term of office. Vacancies. Marshal Oath of. Sec. 3. Be it further enacted , That on the third Saturday in December next, and in each and every year thereafter, an election shall be held for Commissioners, and that all persons entitled to

Page 97

vote for members of the General Assembly, residing in the corporate limits of said town for ten days next preceding said election, shall be entitled to vote, and the election shall be held as prescribed by existing laws. Election electoral qualifications. Sec. 4. Be it further enacted , That said Commissioners, so elected, shall be a body corporate, capable of suing and being sued, of pleading and being impleaded, and shall have power to regulate or prohibit the sale of ardent spirits within the corporate limits of said town. Powers and liabilities of Commissioners. Sec. 5. Repeals conflicting laws. Approved February 20, 1869. (No. 86.) An act to amend the several acts incorporating the town of Lafayette, in Walker county, so as to empower the Commissioners of said town to levy and collect a tax upon the property of residents of and property owners in said town, and to compel the working of the streets. Section 1. Be it enacted, c. , That from and after the passage of this act, the several acts incorporating the town of Lafayette, in Walker county, be so amended as to authorize and empower the Commissioners of said town to levy and collect such a tax, not exceeding one per cent. of the value of the property taxed, as may be necessary to preserve the order and peace of said town, and to secure the improvement of the place on all the property owned by residents or other persons, and being in said town. Acts incorporating Lafayette amended how. Sec. 2. That all male residents of said town, who are now by law subject to road duty, are hereby declared to be liable to work on the streets within the corporate limits of said town, and are exempted from road duty on the public roads of the county, and the Commissioners of said town are authorized and empowered to compel all such persons to work on the streets of said town by such ordinances and regulations as they may establish, not inconsistent with the Constitution and laws of the State of Georgia. Subjects of street duty exempt from road duty. Powers of of Commissioners. Sec. 3. Repeals conflicting laws. Approved March 8, 1869. (No. 87.) An act to amend an act entitled an act to enlarge the boundaries of the town of LaGrange, and for other purposes, approved March 3, 1856. Section 1. Be it enacted, c. , That from and after the passage of this act, the election of Mayor and six members of the City Council of LaGrange shall be held on the first Wednesday in May next, and annually on the same day thereafter. The election of said officers shall be held by a Justice of the Peace or Notary

Page 98

Public and two freeholders, neither of whom shall be candidates, and all male citizens residing in said city, and who have resided therein thirty days immediately preceding such election, and are qualified to vote for members of the State Legislature, shall be entitled to vote for Mayor and Councilmen; but any person voting at said election, who is not authorized by the. provision of this section, shall be guilty of a misdemeanor, and shall be punished as provided by law for illegal voting. Election for municipal officers in LaGrangehow held. Voters. Misdemeanor. Sec. 2. Be it further enacted , That the managers of said election shall furnish certificates to the persons receiving the highest number of votes for Mayor and Councilmen, which certificates shall be recorded by the Clerk of Council in the book of Council Records, and shall be the evidence of their election and authority to act as Mayor and Council. Duty of. Managers at such election. Sec. 3. Be it further enacted , That the Mayor and Council shall hold their meetings at such time and place as they may see proper, within the limits of said city; and the Mayor and four members of Council shall form a quorum to transact business; and in the absence of the Mayor, the Council shall elect from their number a Mayor pro tempore , who shall perform the duties of Mayor. Meetings of Mayor, c. quorum. Mayor pro tem. Sec. 4. Repeals conflicting laws. Approved March 19, 1869. (No. 88.) An act to amend an act entitled an act to amend the several acts of force in relation to the incorporation of the town of West Point, in Troup county, and to incorporate the same under the name of the city of West Point, and to provide for the election of a Mayor and Aldermen, and such other officers as may be required, and confer upon them specified powers, and for other purposes therein mentioned. Section 1. Be it enacted, c. , That the-words free white be stricken out of the second section of the above recited act. Sec. 2. Be it further enacted , That there shall be an election held by the citizens of West Point for a Mayor and four Aldermen, on the second Monday in May next, under the provisions of the act of which this is an amendment, and after that time the election shall be held on the second Monday in January annually. Election to be held in West Pointwhen. Sec. 3. Repeals conflicting laws. Approved March 20, 1869.

Page 99

TURNPIKE COMPANY. No. Act.Union and Lumpkin Turnpike Company. (No. 89.) An act to alter and amend an act entitled an act to incorporate the Union and Lumpkin Turnpike Company, and to grant certain privileges to the same, assented to 28th December , 1843 ; to extend the time for the operation of said charter, change the name of the Company, and for other purposes. Whereas, The charter of the above named Company would in a short time expire by its own limitation; and whereas, the road now owned and kept up by said Company is of great utility, and is a public necessity; and whereas, said Company desire to make valuable and permanent improvements in said road, for which they could receive no adequate compensation during the existence of the charter above named; therefore Preamble. Section 1. Be it enacted, c. , That from and after the passage of this act, the title of said act above recited be so amended as to read an act to incorporate the Union and White Turnpike Company, and to grant certain privileges to the same. Act ofamended. Sec. 2. Be it further enacted , That the first section of said recited act, assented to 28th December, 1843, be so amended as to insert between the words dimensions and shall, in the fourth line of said first section, the following words, to-wit: To be judged of by the Ordinaries respectively of the counties of Union and White, they certifying to the sufficiency of the same, if, in their judgment, said Company is entitled to such certificate. Ordinaries to judge of the road. Sec. 3. Be it further enacted , That the twelfth section of said act above recited be so amended as to strike out the following words, commencing in the fourth line of said twelfth section, to-wit: Not to ascend or descend more than one foot in eight, and that the following words be inserted in lieu thereof, to-wit: To be satisfactory to the Ordinaries of the counties of Union and White; and it shall be made the duty of said officers to inspect, at least once in each year, that portion of said turnpike road which is located in their respective counties, and shall see that said Company complies with the provisions of the original charter and the several acts amendatory thereof. Company must comply with charter. Sec. 4. Be it further enacted , That the rights vested in said Company by their original charter, and the various acts amendatory thereof, including this act, subject to the restrictions, however, in this and other amendatory acts contained, shall be enjoyed by said Company for the term of thirty years from the passage of this act. Duration. Sec. 5. Repeals conflicting laws. Approved March 6, 1869.

Page 100

XII.WATER COMPANIES. No. Act. 90. Atlanta Canal and Water Company. No. Act. 91. Etowah Canal and Water Works Company. (No. 90.) An act to incorporate the Atlanta Canal and Water Company. Section 1. Be it enacted, c. , That Lewis Schofield, W. D. Cook and Lewis Schofield, Jr., and such others as may be associated with them, their successors and assigns, are hereby created a body politic and corporate, under the name and style of the Atlanta Canal and Water Company, with succession for ninety-nine years, and by that name and style they may sue and be sued, plead and be impleaded, defend and be defended in any Court of law in this State or elsewhere; to make, have and use a common seal, renew and alter the same at pleasure, and are hereby invested with all the powers, privileges and immunities which are, or may be, necessary to carry into effect the purposes and objects of this act as herein set forth. Corporators Style, succession 99 years, powers and duties of. Sec. 2. Be it further enacted , That the capital stock of the said Company shall be three hundred thousand dollars, and be divided into shares of one hundred dollars each, and it may be increased from time to time to an amount not exceeding five hundred thousand dollars, and shall be issued and transferred in such manner, and under such conditions as the Directors of the said Company shall, by the by-laws thereof, prescribe. Capital stock. Shares. Sec. 3. Be it further enacted , That the corporate powers be vested in and exercised by a Board of Directors, consisting of such number of persons, not less than five nor more than seven, as the stockholders may from time to time direct. The said Directors shall be chosen by the stockholders, at such time and place as may be fixed by the by-laws of said Company, and shall hold their office for one year, and until their successors are elected. They shall elect one of their number President of said Company, and may fill any vacancy in the said Board occasioned by death, resignation or otherwise. The said Board of Directors shall have power to appoint all necessary clerks, secretaries and other officers and agents necessary for the transaction of the business of the Company, to determine their duties and fix their compensation. Corporate powersin whom vested. Directorshow chosen. Term of office. President. Vacancieshow filled Appointments. Sec. 4. Be it further enacted , That the Board of Directors are hereby authorized to make all necessary rules and by-laws that may be deemed necessary or expedient to carry into effect the provisions of this act, for the transfer and assignment of its stock, which is hereby declared personal property and transferable, as shall be provided by the by-laws or ordinances of the said corporation, and shall have the right to prescribe the mode and manner in which the capital stock shall be paid in, and make calls for the same; shall also have the right to enforce the payment thereof, by

Page 101

the forfeiture of the stock upon which the call shall not be paid, or by suit, or by both means, under such rules and regulations as the Board may prescribe. May make by-laws, c. Powers and rights. Sec. 5. Be it further enacted , That the corporation shall have the right, and be vested with the authority, to purchase, lease, rent and hold, and dispose of all such property, real, personal and mixed, as they may require, for the purpose of the introduction of a canal and water into the city of Atlanta, and disposing thereof in the said city or elsewhere, and shall have full power, and they are hereby authorized, to take, hold and convey into and through said city the waters of any stream, or other body of water, to such an extent, and in such manner as may be necessary or expedient in carrying into effect the objects of this act, and may take and hold, by purchase or otherwise, any lands or real estate necessary for the purposes of this act, and for laying and maintaining aqueducts for conducting, discharging, disposing of, and distributing water, and for forming a reservoir or reservoirs, and for all buildings, structures, machinery and fixtures, necessary to the most perfect and complete supply of said city with pure water, for all public and private uses, and for preserving said lands and waters for the use of said Company, pure, free from all contamination, nuisances, ditches, drains and sewers, and from the access of persons, animals, or from the erection of any buildings or structure other than those used or employed by said Company for the purposes of this act. They may make and establish and enforce all necessary and proper regulations and by-laws for the preservation of the same; may make and establish such public hydrants, and in such places as may from time to time be deemed proper, and prescribe the purposes for, and the manner in which, they may be used; may change and discontinue the same; may distribute the water throughout the city or town, and, for this purpose, may lay down pipes to any house or building, the owner thereof consenting thereto; may regulate the use of the said water within and without the said city, and establish the prices or rents to be paid therefor; and the said Company may, for the purposes aforesaid, carry and conduct any aqueduct, or other works by them to be made and constructed, over or under any water-course, street, pike, wall, railroad, highway or other way or public grounds, and may dig up the same for the purpose [of] making, repairing, laying down or maintaining any aqueduct or pipes beneath the surface thereof, and may do any other acts necessary and proper for the purposes of this act. Sec. 6. Be it further enacted , That this act take effect on and after its passage. Sec. 7. Repeals conflicting laws. Approved March 17, 1869.

Page 102

(No. 91.) An act to incorporate the Etowah Canal and Water Works Company. Section 1. Be it enacted, c. , That Wade C. Cothran, James Noble, Sr., John W. Noble, Hugh McCullough, Daniel S. Printup, Robert T. Fouche, George P. Burnett and Henry A. Smith, and their associates, and such other persons as shall hereafter become stockholders in said Company, shall be, and they are hereby, declared to be a body corporate in fact and in name, by the style of the Etowah Canal and Water Works Company, and by that name they and their successors may have continued succession, and shall be capable in law and equity of suing and being sued, answering and being answered unto, in all Courts and places whatsoever; and they and their successors may have a common seal, and may change and alter the same at their pleasure; may make and ordain rules and regulations as they may deem expedient and necessary to carry into effect the objects of the Company; Provided , Such by-laws, rules and regulations are not inconsistent with the Constitution and laws of this State, nor with the Constitution and laws of the United States. Corporators Style, succession, powers and responsibilities. Sec. 2. Said corporation shall have the sole and exclusive right to build and construct, to keep up and use such canals, ditches, pipes, steam engines, c., with all such dams, locks and other structures as may be necessary to convey water in such quantities as may be necessary from either the Etowah or Oostanaula River, or any other stream within ten miles of the city of Rome, in said State, to such points in said city of Rome as said Company may deem most favorable for the location of one or more reservoirs, so that said water may be used for watering and cleaning said city and for fire purposes, and for such other uses as said corporation may deem best and most to their interest. Exclusive rights and powers. Sec. 3. Said Company shall have the right to lay their pipes along or across any of the streets of said city without charge, and to erect fire-plugs and pumps in any of said streets, and shall also be empowered to dig canals or lay pipes through any private property that may seem necessary to said Company, and may purchase and hold any and all such real or personal property as may be necessary for the erection of any structure of said Company. Sec. 4. Said Company shall have authority to contract with owners or occupants of lots in said city for the supply of pure, good water, to be supplied by said Company on their premises, and the contract so made shall be permanent, and a charge upon the lot or lots, whenever the same shall be occupied, collectable quarterly before any Court having jurisdiction thereof in the same manner as rents, and shall be binding upon all persons holding under said contracts until the same be rescinded. Sec. 5. The capital stock of said Company shall be fifty thousand dollars, with the privilege of increasing the same to any amount not exceeding three hundred thousand dollars, at the discretion of a majority, in value, of the stockholders, divided into shares of fifty

Page 103

dollars each, which shall be assignable in such way as the Company may direct, and always subject to any claim of the Company therin at the time of the assignment. Said Company may adopt such rules and regulations for the government, and elect such officers for its management, and at such times as may by its by-laws be ordained, and shall keep regular minutes of their proceedings, which shall at all times be subject to the inspection of any of the stockholders. Capital stock. Shares. Sec. 6. Said corporators may proceed to organize as soon as the whole of the capital stock is subscribed, and may begin operations as soon as twenty per cent. of said capital stock shall have been paid in. May organizewhen. Sec. 7. In case said Company cannot agree with the owners as to the price to be paid for the right-of-way, or for the purchase of any lot or ground necessary for the erection of any dam, lock, engine, reservoir or other structure authorized by this charter, the same shall be assessed and determined by five disinterested citizens of Floyd county, to be appointed by the Judge of the Superior Court in the circuit in which the city of Rome is situated, either party having the right of appeal to the Superior Court of Floyd county, said appeal to be tried as other appeals. Right-of-way how obtained. Sec. 8. Said Company may be organized by the election of a Board of Directors, who shall elect a President out of their own number, which may consist of any number not exceeding seven members. Board and President. Sec. 9. Repeals conflicting laws. Approved March 18, 1869. XIII.MANUFACTURING COMPANIES. No. Act. 92. Atlanta Agricultural Implement Manufacturing Company. 93. Americus Manufacturing Company, c. 94. Atlanta Canal and Water Company. 95. Atlanta Acid and Fertilizing Company, and Macon. c. 96. Atlanta Cotton Factory Company. 97. Berne Planting, Manufacturing and Fruit Growing Company. 98. Building Mills and Manufacturing Establishments. 99. Desoto Manufacturing Company. 100. Georgia Land Emigration and Manufacturing Company. No. Act. 101. Georgia Water Mills Company. 102. Georgia Reed and Fibre Manufacturing Company. 103. Muscogee Manufacturing Company. 104. Paramore Hill Manufacturing [Company. 105. Rome Iron Manufacturing Company. 106. Savannah Manufacturing Company. 107. Tazwell Cotton Manufacturing Company. 108. Van's Valley Manufacturing Company. (No. 92.) An act to incorporate the Atlanta Agricultural Implement Manufacturing Company. Section 1. Be it enacted, c. , That Lewis Schofield, W. D. Cook and Lewis Schofield, Jr., and such others as may be associated

Page 104

with them, their successors and assigns, are hereby created a body corporate and politic, under the name and style of The Atlanta Agricultural Implement Manufacturing Company, with succession for twenty years, and by that name and style they may sue and be sued, plead and be impleaded, defend and be defended in any Court of law in this State or elsewhere; to make, have and use a common seal, renew and alter the same at pleasure; and are hereby invested with all the powers, privileges and immunities which are or may be necessary to carry into effect the purposes and objects of the act as herein set forth. Corporators Style. Succession. Powers. Sec. 2. Be it further enacted , That the capital stock of the said Company shall be two hundred thousand dollars, and shall be divided into shares of one hundred dollars each, and it may be increased, from time to time, to an amount not exceeding five hundred thousand dollars, and shall be issued and transferred in such manner and under such conditions as the Directors of said Company shall by the by-laws thereof prescribe. Capital stock. Sec. 3. Be it further enacted , That the corporate powers of the said Company be vested in and exercised by a Board of Directors, consisting of such number of persons, not less than three nor more than seven, as the stockholders may from time to time direct. The said Directors shall be chosen by the stockholders at such time and place as may be fixed by the by-laws of said Company, and shall hold their office for one year, and until their successors are elected. They shall elect one of their number President of said Company, and may fill any vacancy in the said Board caused by death, resignation or otherwise. The said Board of Directors shall have power to appoint all necessary Clerks, Secretaries and other officers and agents necessary for the transaction of the business of the Company; to determine their duties and fix their compensation. Corporate powers in whom vested, c. Presidentvacancies. Appointing power. Sec. 4. Be it further enacted , That the corporation shall have the right, and be vested with the authority, to purchase, lease, rent and hold, and dispose of all such property, real and personal, and mixed, as they may require, for the purpose of manufacturing each, all and every kind of agricultural implements, or any other article they may deem proper, and for transporting the same, and disposing thereof in this State or elsewhere; to borrow money, and secure the payment of the same by deed of trust, mortgage or other security; give notes, enter into contracts, and do all and singular such acts as may be found expedient for the proper management of the business of said Company. Powers and purposes. Sec. 5. Be it further enacted , That the Board of Directors are hereby authorized to make all necessary rules and by-laws that may be necessary or expedient to carry into effect the provisions of this act, and for the transfer and assignment of its stock, which is hereby declared to be personal property and transferable, as shall be provided by the by-laws or ordinances of said corporation, and shall have the right to prescribe the mode and manner in which the capital stock shall be paid in, and make calls for the same; shall also have the right to enforce the payment thereof by

Page 105

the forfeiture of the stock upon which call shall not be paid, or by suit, or by both measures, under such rules and regulations as the Board may prescribe. By-laws, c. Stock is property transferrable. Sec. 6. Be it further enacted , That until an election of Directors, as hereby provided for, the persons named as corporators in the first (1st) section of this act shall constitute a Board of Directors, and shall have, and may exercise all the powers of such Board, and they are hereby appointed Commissioners, who, or a majority of them, are hereby authorized to open subscription books for said stock at such times and places as they may deem proper. Who are the present Board and Commissioners. Sec. 7. Be it further enacted , That this act take effect on and after its passage. Takes effect. Sec. 8. Repeals conflicting laws. Approved February 12, 1869. (No. 93.) An act to incorporate the Americus Manufacturing Company and The Fort Valley Manufacturing Company, and to confer certain powers and privileges thereon . Section 1. The General Assembly of the State of Georgia do enact , That W. W. Barlow, B. C. Mitchell, Frank M. Coker, H. J. Walker, William Sirrine, P. F. Brown, and such other persons as may be appointed with them, be, and they are hereby, constituted a body politic and corporate, by the name of the Americus Manufacturing Company, and by that [Illegible Text] shall be able and capable to sue and be sued, to plead and be impleaded, and implead in any Court whatever; and may have and use a common seal, and may alter and renew the same at pleasure; and the said body incorporate shall have all the powers, facilities, franchises and rights necessary and proper for the manufacturing of cotton and wool, for the grinding of grain, and for the manufacture and repair of machinery, for the erection of mills and other buildings and fixtures necessary for the operation of the business of said Company; and shall have power and authority to purchase, lease and hold any property, real, personal and mixed, which may be deemed by said Company necessary for its purposes. Corporators Style, may sue, c. Seal, powers. Sec. 2. The capital stock of said Company shall be forty thousand dollars, divided into shares of one hundred dollars each; and said Company shall have the right at any time to increase said capital stock to any sum not exceeding one million of dollars. Capital stockmay increase. Sec. 3. Books of subscription to the capital stock of said Company may be opened at such times and such places as the Directors may deem expedient, which subscriptions shall be paid in cash, in installments, as called for by the Board of Directors. Books of subscription may be opened. Sec. 4. That in all meetings of the stockholders of said Company, each share of the stock shall entitle the holder to one vote, to be given in person or proxy, and said shares shall be considered

Page 106

as personal property, and shall be transferable in such manner as may be provided by the by-laws of said Company. Votes. Shares are personal property. Sec. 5. The affairs of said Company shall be managed by the persons named in the first section of this act, and a majority of them, who are hereby constituted Directors of said Company until Directors shall be elected as hereinafter provided. By whom managed. Directors. Sec. 6. That the affairs of said Company shall be managed by a Board of Directors, to consist of six persons, four of whom shall constitute a quorum, and they shall be elected annually by the stockholders on such day and time as may be fixed by the by-laws, and one of the Directors so elected shall be then elected President, a majority of the votes of Directors being necessary to a choicethe election to be held at the first regular meeting after the organization of the said Board, and annually thereafter, on such day and time as may be fixed by the by-laws of said Companyand the President shall have such powers and authority, and perform such duties as President as may be prescribed by the by-laws, and the Directors shall continue in office until their successors are installed, and shall have power to appoint all subordinate officers, agents and servants of said Company necessary to the management of its affairs, and remove all the employees of said Company, the President included, and to fill all vacancies that may occur in the Board of Directors, or in the offices of said Company, by death, resignation or otherwise; to call in from time to time, as they may deem proper, such installments on the capital stock as may remain unpaid; to manage and conduct all its business of every kind; to borrow money, as in their judgment the exigencies of the Company may require. Affairsby whom managed quorum. Presidentelection. Powers of President. Term of office of Directors. Installments. Negotiate loans. Sec. 7. In the event that any of the subscribers to the capital stock of said Company shall fail to pay any installment or installments which may be required by the Board of Directors on the stock subscribed for, or held in their names, then the Board of Directors shall have power to declare said unpaid stocks forfeited to said Company, and said defaulting subscriber or subscribers, or those holding said stock, shall be henceforth barred against all right of recovery from said Company for the stocks so forfeited; Provided , Said Board of Directors shall, before said forfeiture, give to said delinquent subscriber or subscribers, or person holding stock, at least thirty days' notice. Subscribers failing to pay. Unpaid stock forfeited. Recovery barred. Proviso. Sec. 8. That the provisional Board of Directors, authorized by this act, shall call a meeting of the stockholders in said Company, to be held in Americus, at such time as they may deem expedient, which meeting, when assembled, shall proceed to elect a permanent Board of Directors, a majority of the stockholders voting necessary to a choice. Meeting of stockh olders where held. Permanent Board. Sec. 9. The Directors of said Americus Manufacturing Company may make, ordain and establish such by-laws, rules and regulations as they may deem necessary and expedient to carry into effect the objects of the Company; Provided , Such by-laws, rules and regulations are not inconsistent with the laws of this State or the United States. By-laws. Proviso.

Page 107

Sec. 10. That said corporation shall not commence business until the capital stock shall be subscribed and ten per cent. paid in. BusinessWhen commenced. Sec. 11. That the individual property of each stockholder shall be liable for the debts of said Company, to the amounts respectively subscribed by them and not paid in at the time any suit shall have commenced. Liability of stockholders. Sec. 12. The same powers and privileges as conferred by this bill upon the Americus Manufacturing Company be, and the same are hereby, conferred upon the Fort Valley Manufacturing Company, which Company shall be composed of the following named gentlemen and their successors: D. W. Vipsher, W. J. Anderson, Glenn Vipsher, W. A. Mathews and O. H. Miller, and such other persons as may be associated with them. Provisions extended to Fort Valley Mining Co. Successors. Sec. 13. Repeals conflicting laws. Approved February 25, 1869. (No. 94.) An act to incorporate the Atlanta Canal and Water Company. Section 1. Be it enacted, c. , That from and after the passage of this act, Hannibal I. Kimball, Edwin N. Kimball, John Rice, John C. Peck and James A. Burns, with such others as may be associated with them, their successors and assigns, shall be, and they are hereby, created a body corporate and politic, by the name and style of the Atlanta Canal and Water Company, with perpetual succession, for the purpose of supplying the city of Atlanta with water for manufacturing and other purposes, with power to said corporation to contract for, purchase, lease, hold and sell such property, real, personal, or mixed, and to construct, and forever maintain in the said city of Atlanta, or its vicinity, such works as shall, by its Board of Directors, from time to time be deemed necessary to carry out the purposes aforesaid; and said corporation, by its corporate name, shall be capable of suing and being sued, pleading and being impleaded in any and all the Courts of law and equity in this State; and shall be empowered to make, have and use a common seal, renew and alter the same at pleasure; and are hereby invested with all the rights, powers, privileges and immunities which are or may be necessary to carry into effect the purposes and objects of this act. Corporators Style, purposes, powers. May sue, c Common seal. Sec. 2. And be it further enacted , That the capital stock of said Company shall be one hundred thousand dollars, but the same may be increased from time to time, as may be deemed expedient, to one million dollars, and shall be divided into shares of twenty-five dollars each. The immediate government of the affairs of the Company shall be vested in a Board of Directors, consisting of such number of persons, not less than five nor more than nine, as the stockholders may from time to time determine. The said Directors shall be chosen by the stockholders of the said Company in the manner hereinafter provided, who shall hold their office for

Page 108

one year after their election, and until their successors shall be chosen and qualified to take their places as Directors; and the said Directors, a majority of whom shall constitute a quorum for the transaction of business, shall elect one of their number as President of the Company; that the said Board of Directors shall have power to appoint all necessary Clerks, Secretaries and other officers necessary to the transaction of the business of the corporation. Capital stock. Shares. Board of Directors. How chosen Term of office. QuorumPresident. Appointing power. Sec. 3. And be it further enacted , That the time of holding the annual meeting of said Company, for the election of Directors, shall be fixed and determined by the by-laws of said Company, and at all the meetings each stockholder shall be entitled to a vote, in person or by proxy, one vote for each share of stock he or she may hold in said Company. Annual meetings. Votes. Sec. 4. And be it further enacted , That for the purpose of raising the capital stock of said corporation, the persons named in the first section of this act shall be a Board of Commissioners, who, or a majority of them, are hereby authorized to open subscription books for said stock, at such time and place as they may deem proper, until an election of Directors as herein provided. The persons named in the first section of this act shall constitute a Board of Directors, and shall have, and may exercise all the powers of such Board. Commissioners. Books opened. Who are the Board, c. Sec. 5. And be it further enacted , That the said corporation shall have power, by means of dams, canals, pipes and other appliances, to divert, take from, and use the water of Peachtree Creek, or any other stream or body of water, and introduce the same within the corporate limits of the said city of Atlanta, by paying to such landholders, as have riparian rights in any stream or body of water so taken or used from, as aforesaid, a reasonable compensation therefor; and shall also have the right to lay pipes through the streets, lanes and alleys, within the jurisdiction of said city of Atlanta, by and with the consent of the corporate authorities; and may appropriate to their use such lands, tenements and material of all kinds, in said city or elsewhere, belonging to private individuals, as may be necessary for the cheap, proper and convenient construction and perfection of their works, and for laying pipes, upon paying to the owners of said lands, tenements and materials reasonable compensation for the same. Special powers of Board. Sec. 6. And be it further enacted , That when any person shall feel himself aggrieved or injured by the appropriation to the use of said corporation of any part of his lands, tenements, riparian rights, or materials, and cannot agree with the corporation as to the amount of damage he has thereby sustained, the amount of such damage shall be ascertained and assessed by five appraisers, who, before entering upon the discharge of their duties as such, shall severally take and subscribe an oath, before some judicial officer of the State, well and truly and impartially to determine and award in the premises, of whom two shall be nominated by said Directors, two by such proprietor or proprietors, and the fifth by the four so nominated, whose award, or that of a majority of them, certified in

Page 109

writing under their hands and seals, in duplicate, one part for each of the parties in interest, shall be recorded in the office of the Clerk of the Superior Court of the county in which such lands, tenements, or material may be situated; and, if not appealed from as hereinafter provided, shall operate as, and have the force and effect of, a judgment vesting in said Company the right-of-way over and through such lands and the riparian rights, for the deprivation of which damages are given, upon which award so recorded and not appealed from, if any sum is thereby awarded as damages to said proprietor or proprietors, the Clerk shall, after the expiration of thirty days from the time of record thereof, issue execution for the same under the usual form of execution, founded upon the judgment of the Courts; but in case either of the parties should be dissatisfied with the decision or award of the said appraisers, such dissatisfied party or parties may, within ten days after the recording of the same, exercise his, her, or their right of appeal by making known his, her, or their intention by a written notice served upon the adverse party, and upon the said Clerk, whose duty it shall be thereupon to suspend the issue of execution and enter a memorandum of such appeal on the common law docket of his Court, to be tried by a special jury at the next term, which trial shall be final, vesting in the said corporation the said right-of-way or riparian rights, and, in case of damages, entitling the person for whom they are found to a judgment and execution therefor; Provided , That no difference or disagreement between the said Company and any landholders and owners of riparian rights or material shall be a ground for injunction against said Directors of, or against said Company, or otherwise suspend or impede any of their works, except the said Directors or Company fail to tender to such landholders or owners of material sufficient security for the payment of such damages as may be assessed or found for him as aforesaid, upon the sufficiency of which said security the Judge, to whom application may be made, shall decide, and who, if he deems the same insufficient, shall require other or additional security to be offered within three days, in the failure or refusal to give which an injunction may issue; but any injunction granted against said Directors or Company shall be dissolved so soon as such security as the Judge having jurisdiction may deem sufficient shall have been given by said Directors or Company. Party aggrieved and cannot agree upon damages. How determined. Oath. Award. Recordedwhen. Force of judgment. Execution to issue. Appealhow taken. Supersedeas Appealhow tried. Proviso. Injunction to be dissolved. Sec. 7. And be it further enacted , That the said Company have the right and power to make and enforce such rules and regulations in relation to the use of said Canal and its waters for manufacturing and other purposes, and to impose and collect such tolls, rents, or other charges, as they may deem equitable and expedient; to raise money, give notes, enter into contracts of any and all kinds, and do all and singular such acts as may be found expedient for the proper management of the business of said Company. Powers of Company. Sec. 8. And be it further enacted , That the Board of Directors are hereby authorized to make all necessary rules and by-laws that may be deemed necessary or expedient to carry into effect the provisions of this act, and for the transfer and assignment of its stock,

Page 110

which is hereby declared to be personal property and transferable, as shall be provided by the by-laws or ordinances of said corporation, and shall have the right to prescribe the mode and manner in which the capital stock shall be paid in and make calls for the same, and shall also have the right to enforce the payment thereof by the forfeiture of the stock upon which the calls shall not be paid, or by suit, or by both means, under such rules and regulations as the Board may prescribe. May make by-laws, c. Personal property. Sec. 9. And be it further enacted , That the rules of construction applicable to public acts shall apply to this act, to the end and intent that it may be construed liberally and beneficially for all purposes herein specified, and the rights, privileges and franchises herein granted shall not be withdrawn during the term of this charter, unless the same be judicially forfeited, and this act shall take effect from and after its passage. Rule of construction. Sec. 10. Repeals conflicting laws. Approved March 16, 1869. (No. 95.) An act to incorporate the Atlanta Acid and Fertilizing Company and the Macon Acid and Fertilizing Company, to manufacture sulphuric and other acids and fertilizers . Whereas, The home manufacture of fertilizers not only increases the supply of important agents in agriculture, but lessens the expense of procuring the same, and is, therefore, a matter of the greatest moment to the commercial and planting interest of Georgia; Preamble. Section 1. Be it enacted, c. , That Messrs. Redwine Fox, John G. Reynolds, Robert Baugh and A. Leyden, together with such other persons as they may associate with them for the purpose hereinafter specified, be, and are hereby, constituted a body corporate, under the name and style of the Atlanta Acid and Fertilizing Company, and by that name may sue and be sued, either at law or in equity; may use a common seal, purchase, hold and enjoy real, personal and mixed estate, and they and their successors continue to enjoy this franchise for twenty years. Corporators Style, powers. Sec. 2. Be it further enacted , That the said Atlanta Acid and Fertilizing Company are hereby authorized and empowered to erect buildings and machinery in or near the city of Atlanta, for the manufacture of sulphuric and other acids, and of fertilizers, and shall have authority to use such an amount of capital as may be necessary for the purpose aforesaid, and the capital so used, together with premises and appurtenances thereunto attached, as well as the acids and fertilizers made by them, shall be free from taxation for the period of ten years. Powers of Company. Capital. Taxation. Sec. 3. Be it further enacted , That said Atlanta Acid and Fertilizing Company shall have full power and authority to pass such by-laws, rules and regulations for the management of their business

Page 111

as may not be in conflict with the Constitution and laws of the State. by-laws, c. Sec. 4. Be it further enacted, c. , That the same powers and privileges as are conferred by this bill upon the Atlanta Acid and Fertilizing Company be conferred on the Macon Acid and Fertilizing Company, which shall be composed of the following named persons and their successors: O. G. Sparks, S. J. Gustin, H. G. Cutter, Wm. J. Anderson, L. M. Felton and Asher Ayers, and such other persons as may be associated with them; and that said Company are hereby authorized and empowered to erect buildings and machinery in or near the city of Macon for the purposes set forth in this act. Same powers conferred upon Macon Acid Fertilizing Company. Corporators Powers Sec. 5. Repeals conflicting laws. This act became a law by the lapse of five days from its receipt by the Governor. (No. 96.) An act to incorporate the Atlanta Cotton Factory Company . Section 1. Be it enacted, c. , That Hannibal I. Kimball, John Rice and John C. Peck, and such others as may be associated with them, their successors and assigns, are hereby created a body corporate and politic, under the name and style of The Atlanta Cotton Factory Company, with succession for fifty years, and that by that name and style they may sue and be sued, plead and be impleaded, defend and be defended in any Court of law or equity in the State; to make, have and use a common seal, renew and alter the same at pleasure, and are hereby invested with all the powers, rights, privileges and immunities which are or may be necessary to carry into effect the purposes and objects of this act. Corporators Style, successiontheir powers. Sec. 2. Be it further enacted , That the capital stock of said Company shall be one hundred thousand ($100,000) dollars, but the same may be increased from time to time, as shall be deemed expedient, to one million dollars, and shall be divided into shares of one hundred dollars each. The immediate government of the Company shall be vested in and exercised by a Board of Directors, consisting of such number of persons, not less than three nor more than nine, as the stockholders of said Company may from time to time direct. The said Directors shall be chosen by the stockholders of the said Company in the manner hereinafter provided, who shall hold their office for one year after their election, and until their successors shall be chosen and qualified to take their place as Directors; and the said Directors, a majority of whom shall constitute a quorum for the transaction of business, shall elect one of their number as President of the Company; that the said Board of Directors shall have the power to appoint all necessary Clerks, Secretaries and all other officers and employees necessary to the transaction of the business of the corporation. Capital stock. Shares. Government of Co.in whom vested. Directorshow chosenterm of office. Quorum. President, Clerks, Secretaries, c.

Page 112

Sec. 3. Be it further enacted , That the said Company shall have the right and power, and are hereby vested with the authority, to purchase, receive, hold, use and possess any property, real, personal or mixed, for the use, benefit and advantage of said Company, and to sell and dispose of the same; also, to manufacture, bleach, dye, print and finish all goods of which cotton or other fibrous materials form a part; also, to manufacture flour from wheat or grain of any kind, and all machinery and any other articles used for such purposes, or any other, and may erect such mills, buildings and other works as may be necessary for the use, benefit and advantage of said Company; to raise money, give notes, enter into contracts of all kinds, and do all and singular such acts as may be found necessary or expedient for the proper management of the business of said Company. Powers and purposes of. Sec. 4. Be it further enacted , The time of holding the annual meeting of said Company, for the election of Directors, shall be fixed and determined by the by-laws of said Company; and at all the meetings each stockholder shall be entitled to a vote, in person or by proxy, one vote for each share of stock he or she may hold in said Company; and until an election of Directors as herein provided for, the persons named in the first section of this act shall constitute a Board of Directors, and shall have and may exercise all the powers of such Board of Directors. Annual meetings. Votes. Who constitute B'rd. Sec. 5. Be it further enacted , The persons named in the first section of this act are hereby appointed Commissioners, who, or a majority of them, are hereby authorized to open subscription books for said stock at such places as they may deem proper or they may allot and distribute the said stock to such persons as they may desire to have associated with them in carrying into effect the purposes and objects of this act without the opening of subscription books, and in such amounts as may be agreed upon and as may be expedient. Commissioners. Books of subscription. Sec. 6. Be it further enacted , The Board of Directors are hereby authorized to make and enforce all necessary rules and by-laws that may be deemed necessary or expedient to carry into effect the provisions of this act, and for the transfer and assignment of its stock, which is hereby declared to be personal property and transferable, as shall be provided by the by-laws or ordinances of said corporation, and shall have the right to prescribe the mode and manner in which the capital stock shall be paid in, and make calls for the same, and shall also have the right to enforce the payment thereof by the forfeiture of the stock upon which calls shall not be paid, or by suit, or by both means, under such rules and regulations as the Board may prescribe. Powers of Board. Sec. 7. Be it further enacted , The rules of construction applicable to public acts shall apply to this act, to the end and intent that it may be construed liberally and beneficially for all purposes herein specified, and the rights, privileges and franchises herein granted shall not be withdrawn during the term of this charter, unless the same be judicially forfeited. Construction of this act. Franchises, c., not to be withdrawn.

Page 113

Sec. 8. Be it further enacted , This act shall take effect from and after its passage. Operateswhen. Sec. 9. Repeals conflicting laws. Approved February 22, 1869. (No. 97.) An act to incorporate the Berne Planting, Manufacturing and Fruit Growing Company, in Camden county, Georgia. Sec. 1. Be it enacted, c. , That, for the purpose of planting cotton, ramie, sugar cane, manufacturing, and fruit culture, J. W. Moore, William T. Spencer, J. H. Sullivan, William Douglass, William R. Hillyer, John Butler, Henry Altebrand, J. M. Stone, Luther Redfield, Aug. Brown, O. Harriman, and their associates and successors, are hereby incorporated and constituted a body politic, under the name and style of the Berne Planting Company, and in that name shall be capable in law of purchasing, leasing, renting, and holding all such property, real personal, and mixed, and exercising all the power, facilities, franchise, and rights necessary for planting cotton, ramie, sugar cane, and all kinds of fruit, sawing lumber, land improvement, manufacturing and vending any products; may sue and be sued, plead and be impleaded, in any of the courts of law or equity; may use a common seal, and generally do any other act, not in conflict with the Constitution or laws of the State, necessary to promote the interests of their legitimate business. Sec. 2. That the capital stock of the said Company shall be two hundred thousand dollars, divided into shares of the par value of one hundred dollars. Corporators Style, may sue, c. Powers generally. Capital stock, shares Sec. 3. That the persons before named, or any three of them, may receive subscriptions to the capital stock, and when the subscription shall amount to not less than one hundred thousand dollars, the stockholders may organize and enact by-laws for the government of the Company, and in all general meetings of the stockholders each share of stock shall entitle the holder to one vote, which may be cast in person or by proxy. May receive subscription, c Sec. 4. That the affairs of said Company shall be managed by a Board of Directors, to consist of five persons, three of whom shall constitute a quorum, and one of whom shall be by the Board elected President and another Secretary and Treasurer, and the compensation of these officers respectively shall be fixed from time to time by the Board of Directors, and their powers and duties shall be prescribed in the by-laws of the Company; and the said Board of Directors shall be elected annually, and shall continue in office until their successors are elected and installed; shall have power to make elections, to fill any vacancy that may occur in the Board by reason of death, resignation, or otherwise, or to remove any officer of the Board. They shall also have power to call for such installments as they may deem proper on any unpaid portion of capital stock, and to provide for the forfeiture and sale of any share

Page 114

or shares thereof in default of payment, after thirty days' notice shall have been given, and such sale shall be final and valid, and such defaulting subscriber or subscribers shall be thenceforth barred against all rights of recovery for the stock thus forfeited. The said Board of Directors shall have power, if, in their judgment, at any time the exigencies of the Company shall require it, to execute any deed or deeds of mortgage as security for the fulfillment by the Company of any contracts or liabilities. Board of Directors, quorum, President, c. By-laws, election. Term of office, powers. Sec. 5. That the shares of stock in said Company shall be considered and held in law as personal property, and may be sold and transferred on the books of the Company, or assigned or bequeathed by the owner thereof. Shares are personal property. Sec. 6. That the individual property of each stockholder shall be liable for the debts of said Company, to the amount subscribed by them at the time any suit shall have been commenced against said Company. Liabilities. Sec. 7. That nothing herein contained shall be so construed as to prevent the Legislature from taxing the corporate property of said Company as other property in this State. Taxation. Sec. 8. That said Company shall not commence business until ten per cent. of the capital stock subscribed shall have been paid in, either in money or property. Businesswhen commenced. Sec. 9. That this act shall continue in full force for a period of fifty years from and after the date of its passage. Duration. Sec. 10. Repeals conflicting laws. Approved March 17, 1869. (No. 98.) An act to encourage and protect the buildings of mills and other manufacturing establishments in this State. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the provisions of the fourth (4th) section of an act entitled an act to incorporate the Zebulon Branch Railroad Company be, and the same is hereby, extended to all manufacturing companies and individuals, whether organized into companies or not; Provided , The Company or individual own both banks of the river or stream upon which the mill or mills are to be erected, and said provision to be so amended as to substitute the Ordinary or Ordinaries of the county or counties where the land lies, for the Inferior Court, as stated in the above recited act; and that the said provision of said act be limited to the amount of damage done to land-owners by the overflowing of water occasioned by damming the water-course upon which a mill or mills may be erected. Corporate powers for manufacturing purposes. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 115

(No. 99.) An act to incorporate the Desoto Manufacturing Company, in the county of Floyd. Section 1. The General Assembly of the State of Georgia enacts as follows , That Alford Shorter, Daniel R. Mitchell, Augustus R. Wright, Wade S. Cothern, Jesse Lamberth, W. L. Wadsworth, James Noble, Sr., C. M. Pennington and R. S. Norton, and their associates, be, and they are hereby, created a body politic and corporate, under the name and style of the Desoto Manufacturing Company, for the purpose of manufacturing cotton, wool and other material into such fabrics as they may deem necessary and proper for their interest, with power and authority to contract and be contracted with, to sue and be sued, to plead and be impleaded; to use a common seal, such as they may adopt, and to do all other acts and things to promote the interest of said corporation usually done and performed by similar corporations, not forbidden by the Constitution and laws of the United States and those of the State of Georgia; to appoint or elect a President, Secretary, Treasurer, Directors and all such other officers and agents as they may deem necessary for the interest of said corporation; and that said corporation shall have perpetual succession. Corporators Style, purposes of. Powers, seal. President. Sec. 2. The capital stock of said corporation shall be two hundred and fifty thousand dollars, divided into twenty-five hundred shares of one hundred dollars each, and in all elections and other proceedings of said Company, each share subscribed shall be entitled to one vote, and shareholders may vote by proxy, under such regulations as may be prescribed. Capital stock. Shares. Votes. Sec. 3. That so soon as this charter shall be passed by the General Assembly, the said corporation, or a majority of them, are hereby authorized to organize themselves into a body politic, and to open books of subscription for stock at such times and places as they may choose, either by their own officers or agents appointed; and so soon as the sum of fifty thousand dollars in stock of the Company shall have been subscribed, and ten per cent. of the same paid in, this charter shall be taken and considered as accepted, and the said Company may proceed to business. To organizewhen. Subscription books, c. Sec. 4. The said Company, under such rules and regulations as they may adopt, shall have power and authority to issue scrip or stock certificates to subscribers, transferable only on the books of the Company, under such regulations as may be provided; and said books shall at all times be open to inspection of any stockholder. The President and Directors of the Company shall have power at all times, by giving proper notice thereof, to call in installments on stock subscribed as need may require, not exceeding twenty per cent. at any one time, and to impose penalties for non-payment. May issue scrip. Certificates. Sec. 5. Repeals conflicting laws. Approved March 6, 1869.

Page 116

(No. 100.) An act to incorporate the Georgia Land, Emigration and Manufacturing Company. Section 1. Be it enacted, c. , That General William T. Wofford, Thomas Tumlin, J. R. Parrott, James Vaughn, Samuel Gibbons, M. A. Hardin, C. C. Crews, Robert McCombs, and such other persons as they may hereafter associate with them, and their successors and assigns, shall be, and they are hereby, declared, so soon as they shall organize under this act, a body corporate and politic, under the name and style of the Georgia Land, Emigration and Manufacturing Company, for the purpose of inducing immigration, encouraging manufacturing, c., with the power to purchase, hold, sell and convey lands, erect machinery, and do anything necessary for carrying [out] the purposes aforesaid; and in their corporate name have power to sue and be sued, answer and be answered unto in any Court of law and equity in this State having jurisdiction; and shall enjoy succession for thirty years; and may have and use a common seal, and alter the same at pleasure; and make all by-laws, rules and regulations they may deem proper for the government of said Company; Provided , They are not inconsistent with the laws of the State of Georgia and the Constitution of the United States. Corporators Style, purposes and powers of. Sec. 2. And be it further enacted , That said Company shall elect such officers, and pay them such salaries as they may deem proper and necessary for the purposes of said Company. Officers and salaries Sec. 3. Repeals conflicting laws. Approved March 19, 1869. (No. 101.) An act to incorporate the Georgia Water Mills Company, of Muscogee county, Georgia, for the manufacture of cotton, paper or other merchandise, and sale of same. Section 1. The General Assembly do enact , That the stockholders of the Georgia Water Mills Company, as now are or may hereafter be stockholders, shall be, and are hereby, constituted and declared to be a body politic and corporate, by the name and style of the Georgia Water Mills Company; and by that name they, their successors and assigns, shall be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all Courts, tribunals and places whatsoever; and shall have power to adopt and make use of common seal, and the same to change, alter and amend; and they, their successors and their assigns, by the same manner and style, shall be capable of purchasing, holding and conveying any property whatsoever necessary or expedient to

Page 117

carry out and fulfill the object of said corporation. The principal place of business shall be at Columbus, Georgia. Style, powers and liabilities of Sec. 2. Be it further enacted, c. , That the capital of said Company shall be five hundred thousand dollars, with the privilege of increasing the same to one million dollars, and operations to commence when one hundred thousand dollars is paid in; the shares shall be one hundred dollars each, transferable in such manner, and under such circumstances as the said corporation, by their by-laws, may require and direct. Capital stock. Shares. Sec. 3. Be it further enacted, c. , That Wm. H. Hughes, Lloyd G. Bowers, Wm. Felix Alexander, Wm. D. Chipley, Charles H. Harney and James Searles, or a majority of them, as Commissioners, may open books to receive subscriptions to the capital stock of said corporation at such time and place as a majority of them think proper; and as soon as one hundred and fifty thousand dollars upon the capital stock shall be subscribed, to give notice for a meeting of the stockholders to choose seven Directors among said stockholders, and such election shall be made at the time and place appointed by such stockholders as shall attend either in person or by proxy; each share of capital stock shall entitle the holder thereof to one vote; and said Wm. H. Hughes, Lloyd G. Bowers, Wm. Felix Alexander, Wm. D. Chipley, Charles H. Harney and James Searles, or a majority of them, shall be inspectors of the first election of Directors of said corporation, and shall certify, under their hands, the names of those persons duly elected; and the Commissioners shall deliver over the subscription book, with funds in hand, to said Directors, who may keep the same open, by a vote of a majority of the stockholders, for further subscriptions, if the same be deemed expedient, until the entire amount of the capital stock shall be subscribed; and each stockholder so subscribing, after the organization of said corporation as aforesaid, shall be bound by said election and organization until the next annual election in course, as hereinafter provided, when he shall be entitled to vote as an original stockholder. Commissioners may open books. Meeting, Directors chosen. Votes, c. Sec. 4. Be it enacted, c. , That there shall be an annual meeting of the stockholders of said corporation at such time and place as the corporation may provide by its by-laws for the purpose of electing Directors, and that the time of holding the first meeting of the Directors under the said first election shall be fixed by the said Directors, or a majority of them; and the said Directors, chosen at said election or at the annual election to be afterwards held, shall, as soon as may be after subsequent election, choose, out of their number, a President, or in case of death, resignation or removal of the President, or any Director, such vacancy or vacancies may be filled for the remainder of the year wherein they may happen by the said remaining Directors, or a majority of them may appoint a President pro tem. , who shall exercise such powers and functions as the by-laws of said corporation may provide. Annual meetings. President. Vacancies how filled. President pro tem. Sec. 5. Be it further enacted , That the said Directors, or a majority of them, shall elect, simultaneously with the President, and

Page 118

annually, a suitable person, who shall discharge the duty of Secretary and Treasurer of said corporation, who shall be a stockholder in the same. Election of Secretary Sec. 6. Be it enacted, c. , That in case it should happen that an election of Directors should not be had, when pursuant to this act it should be had, the said corporation shall not, by reason thereof, be dissolved, but said election shall be held at any other time, and the Directors previously elected shall continue as Directors until a new election shall be had. A majority of said Directors of said corporation may transact all business of said corporation, and they shall have power to call in the capital stock of said Company by such installments as they may think advisable, giving thirty (30) days' notice thereof to the stockholders, by advertisement in some newspaper or newspapers. In case of the non-payment of said installments, the stockholders failing to pay their installments within sixty days (60) after the same became due, shall forfeit their share or shares and the amount paid to the corporation. Failure to elect does not dissolve Company. Powers of Directors. Sec. 7. Be it further enacted, c. , That the Directors of said corporation, or a majority of them, shall settle and adjust the books and accounts of said corporation at least once a year, and submit a detailed settlement of the affairs thereof to the stockholders at their annual meeting, and declare and pay such dividends of the actual profits thereof as the condition of said Company may justify; and the stockholders shall have power to adopt such by-laws for the government and safe and successful management of the property and business of said Company as they may deem proper, not inconsistent with the charter or the laws of the State of Georgia and of the United States. Settle books, c. Dividend. Sec. 8. Be it further enacted, c. , That said Directors, or a majority of them, shall have power to exact from the Treasurer, or any other officer of said Company, a bond in such sum as they may deem proper, for the faithful performance of the duties of said office. May exact from their officers official bonds. Sec. 9. Repeals conflicting laws. Approved March 18, 1869. (No. 102.) An act to incorporate the Georgia Reed and Fibre Manufacturing Company. Section 1. The General Assembly do enact , That William McTeer, Kate Lowe, Alexander M. Wallace, Thomas Hardeman, Jr., Varney A. Gaskill, James D. Waddell, and William M. Lowry, together with such person or persons as may hereafter be associated with them, for the purposes hereinafter expressed, be, and they are hereby, constituted a body politic, with the name and style of the Georgia Reed and Fibre Manufacturing Company, with power to sue and be sued, contract and be contracted with, to buy, hold, alien, sell, and dispose of any personal or real estate, or any goods or chattels

Page 119

manufactured of any fibrous material, or any patent right, or the right to use any discovery or improvements which, in their judgment, may be necessary or advantageous in conducting or carrying on the business of manufacturing reed and fibrous material in any or all of its branches or departments. Said corporators shall have power to secure or take any interest in any manufactured property by agreement of the parties at interest. They shall have and use a commoin seal, and the same to change and alter at pleasure; to make and execute such contracts as, in their judgment, may benefit said Company, bonds, promissory notes, or other obligations, under seal or not under seal, and to create all offices necessary to the management of the corporate business, who shall be elected or appointed as the corporators or Board of Directors may deem best, and at such times and for such periods as they may direct; and to make all by-laws and rules and regulations which they may ordain or establish for the government of the Company, or the management, or the control of the business, not inconsistent with the Constitution of the United States or the Constitution and laws of this State; and the principal office or place of business of said Company shall be at Atlanta. Corporators. Style, powers, c., of. Sec. 2. That said Company shall have power to conduct the business of manufacturing in any of the branches aforesaid at such place or places as may be selected by said Company, for the purposes of said Company, and to acquire and use any property, patent, or material which they may deem necessary to facilitate their business. Sec. 3. The capital stock of said Company shall be ten thousand dollars in shares of one hundred dollars each, with power to increase the same to one hundred thousand dollars. Capital stock. Sec. 4. That said Company shall not commence business until fifty per cent. of the capital stock shall have been paid in, either in money or property. May commence businesswhen Sec. 5. Said Company shall have power to compel the payment, by any owner or holder of any stock, of any sum or sums due for or on account of the same to said Company, or of any assessment made upon said stock, for the purpose of carrying on the business of the Company, by selling and disposing of said stock to pay any balance due, or by declaring such forfeited to the Company; Provided , That nothing in this section shall be construed to authorize the Company to make any assessment upon, or declare their forfeiture of, any stock sold by the Company, as full paid up stock. Powers of. Sec. 6. That all the private property of each stockholder shall be held liable for the debts and liabilities of the corporation to the amount of his, her, or their subscription remaining unpaid. Liabilities. Sec. 7. That the property of said corporation shall be taxed as other property. Taxation. Sec. 8. That said Company shall have succession and continue in existence for the period of thirty years, and the privileges and franchises granted by this charter shall not be withdrawn during the term of this charter, unless the same be judicially forfeited. Succession 30 years. Sec. 9. Repeals conflicting laws. Approved March 17, 1869.

Page 120

(No. 103.) An act to incorporate the Muscogee Manufacturing Company, of Columbus, Georgia. Section 1. The General Assembly of the State of Georgia do enact , That the stockholders of the Muscogee Manufacturing Company, and such persons as now are, or may hereafter be, stockholders, shall be, and are hereby, constituted and declared to be a body politic and corporate, by the name and style of the Muscogee Manufacturing Company; and by that name, they, their successors and assigns, shall be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all Courts, tribunals and places whatsoever; and shall have power to adopt and make use of a common seal, and the same to change, alter and amend; and they, their successors, and their assigns, by the same manner and style, shall be capable of purchasing, holding and conveying any property whatsoever necessary or expedient to carry out and fulfill the object of said corporation. The principal place of business of said Company shall be at Columbus, Georgia. Style, powers and liabilities. Sec. 2. Be it further enacted , That the capital of said Company shall be one hundred and fifty thousand dollars, with the privilege of increasing the same to five hundred thousand dollars, divided into shares of one hundred dollars each, transferable in such manner and under such restrictions as the said corporation, by their by-laws, may require and direct. Capital stock. Shares transferable Sec. 3. Be it further enacted , That Colonel George P. Swift, John J. Grant, George P. Swift, Jr., and S. G. Murphy, or a majority of them, as Commissioners, may open books to receive subscriptions to the capital stock of said corporation, at such time and place as a majority of them think proper, and as soon as one hundred thousand dollars upon the capital stock shall be subscribed, and twenty-five per cent. paid in, to give notice for a meeting of the stockholders, to choose five Directors among said stockholders; and such election shall be made at the time and place appointed by such stockholders, as shall attend for the purpose, either in person or by proxy, each share of the capital stock entitling the holder thereof to one vote; and the said Colonel George P. Swift, John J. Grant, George P. Swift, Jr., and S. G. Murphy, or a majority of them, shall be inspectors of the first election of Directors of said corporation, and shall certify under their hand the names of those persons duly elected; and the Commissioners shall deliver over the subscription book, with funds in hand, to said Directors, who may keep the same open, by a vote of a majority of the stockholders, for further subscriptions, if the same be deemed expedient, until the entire amount of the capital stock shall be subscribed; and each stockholder so subscribing, after the organization of said corporation as aforesaid, shall be bound by said election and organization, until the next annual election, in course as

Page 121

hereinafter provided, when he shall be entitled to vote as an original stockholder. Corporators Privileges of Meeting of stockholders. Votes. Inspectors of first election. Sec. 4. Be it further enacted , That there shall be an annual meeting of the stockholders of said corporation, at such time and place as the corporation may provide by its by-laws, for the purpose of electing Directors; and that the time of holding the first meeting of the Directors, under the said first election, shall be fixed by the said Directors, or a majority of them; and the said Directors, chosen at said election, or at the annual election to be afterwards held, shall, as soon as may be after subsequent election, choose out of their number a President, or in case of death, resignation or removal of the President, or any Director, such vacancy or vacancies may be filled for the remainder of the year, wherein they may happen, by the said remaining Directors, or a majority of them may appoint a President pro tem. , who shall exercise such powers and functions as the by-laws of said corporation may provide. Annual meeting. Elect Directors. Presidenthow chosen. Vacancieshow filled President pro tem. Sec. 5. That the said Directors, or a majority of them, shall elect simultaneously with the President, and annually, a suitable person who shall discharge the duty of Secretary and Treasurer of said corporation, who shall be a stockholder in the same. Secretary. Sec. 6. That in case it should happen that an election of Directors should not be made, when, pursuant to this act, it should be had, the said corporation shall not, by reason thereof, be dissolved, but said election shall be held at any other time, and the Directors previously elected shall continue as Directors until a new election shall be had; a majority of said Directors of said corporation shall transact all business of said corporation, and they shall have power to call in the capital stock of said Company by such installments as they may think advisable, giving thirty days' notice thereof to the stockholders, by advertisement in some newspaper or newspapers. In case of the non-payment of said installments, the stockholders failing to pay their installments within thirty days after the same became due, shall forfeit their share or shares and the amount paid to the corporation. Failure to elect Directors does not dissolve corporation. Quorum. Delinquent stockholders forfeit their stock. Sec. 7. That the Directors of said corporation, or a majority of them, shall settle and adjust the books and accounts of said corporation at least once every year, and submit a detailed settlement of the affairs thereof to the stockholders at their annual meeting, and declare and pay such dividends of the actual profits thereof as the condition of said Company may justify; and the stockholders shall have power to adopt such by-laws for the government and safe and successful management of the property and business of said Company as they may deem proper, not inconsistent with the charter or the laws of the State of Georgia and of the United States. Shall settle once a year. Ry-laws. Sec. 8. That said Directors, or a majority of them, shall have power to exact from the Treasurer, or any other officers of said Company, a bond, in such sum as they may deem proper, for the faithful performance of the duties of said office. May exact official bonds. Sec. 9. Repeals conflicting laws. Approved March 19, 1869.

Page 122

(No. 104.) An act to incorporate the Paramore Hill Manufacturing Company. Section 1. Be it enacted, c. , That McPherson B. Miller, William B. Hodson, Seaborn Jones, John Miller, William Rogers, Alexander R. Lawton, and their associates and successors, are hereby created a body corporate and politic, under the name and style of The Paramore Hill Manufacturing Company, by which name and style it may sue and be sued, have, own, possess, convey and transfer property, real and personal. Corporators Style. May sue,c. Sec. 2. That the capital stock of said corporation shall be one hundred thousand dollars, to be divided into shares of one hundred dollars each, with the privilege of increasing said capital stock at any time to an amount not exceeding five hundred thousand dollars; said capital stock to be subscribed and paid for at such time and place as the corporators hereinbefore named, or any three or more of them, may determine. Capital stock,shares Sec. 3. That so soon as the sum of one hundred thousand dollars of the capital stock shall have been bona fide subscribed for, the subscribers shall, after due notice, elect a President and four Directors to manage the affairs of said Company, which Board of Directors shall have full power to appoint all other officers of the corporation, to require bonds for the faithful performance of duty, in their discretion, and generally to do and perform whatever may be necessary or beneficial to the interest of said Company. President, Board may appoint officers, c. Sec. 4. That said corporation is hereby authorized and empowered to build, erect, purchase, work and control such structures, machinery, implements and property of every description necessary and convenient for the manufacture of cotton, wool and other material, at or near Paramore Hill, in the county of Scriven, and the same to change and alter at pleasure. Their powers and objects. Sec. 5. That the stockholders of said corporation shall have power to make such by-laws for the government of the same as shall be necessary and convenient, and not inconsistent with this act or with the laws or Constitution of the State of Georgia. May make by-laws. Sec. 6. That the property of the stockholders shall be held and bound for the ultimate redemption of the debts and obligations of the corporation only to the extent of and in proportion to the stock subscribed for or held by each stockholder. Liabilities. Sec. 7. That this corporation shall continue for and during the term of thirty years from the passage of this act. Duration. Sec. 8. Repeals conflicting laws. Approved March 19, 1869.

Page 123

(No. 105.) An act to incorporate the Rome Iron Manufacturing Company, in the county of Floyd, and to define the rights, privileges and liabilities of the same. Section 1. Be it enacted , That Alfred Shorter, James Noble, Sr., John Hughes, John Noble, N. J. Bayard and H. M. Anderson, and their associates, are created a body corporate and politic, by the name of the Rome Iron Manufacturing Company, and by that name shall be able and capable to sue and be sued, plead and be impleaded, answer and be answered unto in any Court of law or equity in this State; to make, have and use a common seal, and change the same at pleasure; and to establish such ordinances, by-laws and regulations as shall be necessary and convenient for conducting the business of said Company. Incorporators. Style, powers and liabilities. Seal, by-laws. Sec. 2. The object of said corporation is declared to be the manufacture of railroad and bar iron, nails and such other articles as they may choose to manufacture. Object of corporation. Sec. 3. That the works of said Company shall be erected at or near the city of Rome, in said county; and said Company is hereby empowered to purchase and hold real and personal property, make contracts either with or without their corporate seal, appoint agents, and do all other things they shall deem expedient for the purpose of carrying the business of said Company into successful operation not inconsistent with the laws of this State. Workswhere crectedpowers. Sec. 4. That the capital stock of said Company shall be forty thousand dollars, with the privilege of raising it to one hundred thousand dollars, to be divided into such number of shares as shall be provided for by the by-laws of said Company. Capital stock. Shares. Sec. 5. That the private property of the stockholders, both real and personal, shall be held bound and liable for the debts of said Company to the extent of their stock subscribed and yet unpaid, and the property of said Company shall be liable for all its legal indebtedness at all times. Liabilities. Sec. 6. That there shall be a President and such number of Directors to said Company as shall be determined by the stockholders of the samesaid President and Directors to be chosen by the stockholders, each share entitling the holder to one vote. President and Directors how chosen. Sec. 7. That said Alfred Shorter, and others whose names are hereinbefore mentioned, and their associates, shall be and continue the Directors of said Company until the first meeting of the stockholders. They shall appoint the President and such other officers as may be necessary, and shall continue in office until new Directors are elected. Directors to continue. Sec. 8. That said Company shall be entitled to commence operations as soon as five per cent. on the amount of the capital stock shall have been paid in. Operations when to commence. Sec. 9. Repeals conflicting laws. Approved March 8, 1869.

Page 124

(No. 106.) An act to incorporate the Savannah Manufacturing Company, and to grant to it certain rights and privileges. Section 1. The General Assembly of the State of Georgia do hereby enact , That Robert Lachlison, Richard D. Fox, Charles Gordon, James Lachlison, and all such persons as may hereafter become associated with them, their successors and assigns, be, and they are hereby, incorporated and made a body politic, by the name and style of the Savannah Manufacturing Company, and by that name shall be, and are hereby made, capable in law to have, hold, purchase, receive, and retain to them, their successors and assigns, lands, rents, tenements, goods, chattels, and effects of whatsoever kind, and the same to sell and dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in Courts of record or any other place whatsoever, and to make, have, and to use a common seal, and the same to alter at pleasure; and the said Company may also make such by-laws as they may deem for their interest; Provided , Such by-laws are not repugnant to the Constitution or laws of this State or of the United States; and to select and appoint all such agents, officers and servants as may be necessary or proper for the discharge of the business of said Company. Said Company shall be located at Savannah for the manufacturing and sale of cotton and woolen goods and yarns. Corporators Style, powers of. Location. Sec. 2. The capital stock of said Company shall be one hundred and fifty thousand dollars, with the right of increasing such stock to two hundred thousand dollars, should a majority in interest of the stockholders so desire and determine; and said stock shall be divided into shares of one hundred dollars each. The shares subscribed for shall be paid as follows, to wit: twenty per cent. at the time of subscribing, or within thirty days thereafter, and the balance at such times and in such proportions as a Board of Directors may order, on thirty days' notice, in one of the gazettes of Savannah, of the time when any payment may be required. In case of failure by any person to pay such subscription, or any part thereof, when the same is so ordered or required, such proceedings may be had against the delinquent as may be prescribed in the by-laws of said Company, and the by-laws may provide for the forfeiture of the stock of any such delinquent to the Company, and the amount of every such forfeiture shall issue to the benefit of the Company. Capital stock. Shareshow paid in. In case of failure to pay, proceedings by Company. Sec. 3. For the well ordering of the affairs of said Company, there shall be a Board of Directors, to consist of seven stockholders, who shall be chosen by the stockholders, at any time when the whole or one-half of the capital stock shall have been subscribed, and hereafter annually, on the first Monday in January. It shall be the duty of the Directors, out of their number, to elect a President, and they shall also appoint all such subordinate officers, agents, and clerks as the good of the Company may require; but no person shall be eligible to the position of Director unless he

Page 125

shall own in his own right ten shares of the capital stock of said Company. At all elections or other voting by stockholders, each stockholder shall be entitled to one vote for every share he may, in his own right, own in said Company's capital stock, or may represent as trustee, executor, or administrator. Votes. Sec. 4. Dividends from the profits of said Company shall be declared by the Board of Directors at such times and to such extent as said Board may determine. Stock in said Company shall be transferable on its books, under such by-laws, rules, and regulations as said Company shall adopt; and said Company shall have power to make all needful rules and regulations for the management of the business and affairs of the Company; and said Company shall be, and are hereby, fully authorized to make all contracts which may be for the benefit of the Company and for the purpose and objects for which this act of incorporation is passed. Dividendshow and when declared. Powers. Sec. 5. The Directors of said Company shall continue in office until the election of their successors, and if, from any cause, there shall be a failure to choose Directors at the time or times herein-before specified, an election may be had at such other time as the by-laws of said Company shall prescribe. Term of office. Failure to elect. Sec. 6. And be it further enacted by authority aforesaid , That this act shall take effect and be of force from and immediately after its passage. Sec. 7. Repeals conflicting laws. Approved March 8, 1869. (No. 107.) An act to incorporate the Tazwell Cotton Manufacturing Company, in Marion county. Section 1. Be it enacted , That Warren Battle, and his associates and successors, are hereby constituted a body politic and corporate, by the name of The Tazwell Cotton Manufacturing Company, for the purpose of manufacturihg cotton and vending the same, and for such purposes may erect buildings, procure machinery and put into operation the process of manufacturing the staple of cotton under the name aforesaid; sue and be sued, plead and be impleaded, appear, prosecute and defend in any Court of law or equity whatsoever in all suits and actions; may have a common seal, and the same alter and renew at pleasure, and may enjoy all the privileges incident to corporations, and may purchase, hold, mortgage, transfer and convey real and personal estate. Corporators, style, purposes and powers of. Sec. 2. And be it further enacted , That the said Warren Battle shall have the privilege of opening books of subscription, and when the sum of fifteen thousand dollars shall have been subscribed, an election shall take place for the election of such officers as in the opinion of the stockholders may be necessary to carry on the objects of this act, and at the first election each stockholder shall be entitled to cast as many votes as he owns one

Page 126

hundred dollar shares in said Company, and the same rules and regulations shall govern all elections for officers in the future until the rules shall be changed by a vote of a majority. Books opened. Election of officers. Votes. Sec. 3. And be it further enacted , That the said Warren Battle shall keep, or cause to be kept, a book containing the names of subscribers, the amount of stock subscribed, and place of residence when they became stockholders; and the book or books thus opened by the said Warren Battle shall be turned over to the proper officers, and said books, as soon as the building shall have been commenced, shall be kept open at the place of business for the inspection of stockholders and creditors of the Company, and their representatives. Book of subscribers, c. Sec. 4. And be it further enacted , That said corporation shall not contract any debts until the sum of ten thousand dollars of the capital stock is paid in, no part of which shall be withdrawn or in any manner diverted from the business of the Company, and shall not at any time contract debts to an amount exceeding the capital stock of the Company. Company may contract debtswhen. Sec. 5. And be it further enacted , That for any violation, or any interference with, any of the property of said Company or their chartered privileges, said person so offending shall be indicted for a misdemeanor, and, on conviction, be punished by fine and imprisonment, at the discretion of the Court. Interference with immunities of Company misdemeanorpenalty. Sec. 6. Repeals conflicting laws. Approved March 16, 1869. (No. 108.) An act to incorporate the Vann's Valley Manufacturing Company. Section 1. Be it enacted, c. , That John H. Dent, John Baker, Alexander McDonald, Wade S. Cothran, Charles M. Harper and W. Clark, together with such other persons as may hereafter be associated with them, and their successors, be, and they are hereby, made and constituted a body corporate, in fact and in name, under the name, style and title of The Vann's Valley Manufacturing Company, and by that name shall be, and are hereby, made capable at law to have, hold, receive, purchase and possess, to them and their successors, all real and personal estate they may deem necessary to carry out the objects of said corporation, and may sell, grant or dispose of the same at will, and may sue and be sued, plead and be impleaded in their corporate name, make and use a common seal, and do all other acts incident to bodies corporate and politic. Corporators Style, powers of. Sec. 2. The objects of said corporation shall be the manufacture of wool and cotton into thread and cloth; the manufacture of meal, flour, leather, lumber and machinery of any description, or such branches or parts thereof as they see proper to engage in. Objects of corporation. Sec. 3. Said body corporate shall have the power to prescribe the number of shares into which the capital stock shall be divided,

Page 127

the mode in which it shall be taken, paid, transferred or assigned, and also to provide the mode by which stockholders may vote, and to provide for the election of such officers as may be deemed necessary for the government and management of the affairs of the corporation; to ordain such by-laws and regulations as may be necessary and expedient, not inconsistent with the laws of this State, or of the United States, and, in general, to do and execute all and singular those things which may be necessary for manufacturing their products and vending or exchanging the same. Corporate powers. Sec. 4. Said corporation shall have power to borrow money on mortgage or other securities, and to loan out its surplus earnings on similar security; and to ordain a forfeiture of stock for non-payment. Sec. 5. The private property of the stockholders shall be liable for the debts of the corporation to the amount of their subscribed stock not paid in at the time any suit may be commenced. Liabilities Sec. 6. The capital stock of said Company shall be fifty thousand dollars, with permission to increase the same to five hundred thousand dollars. Capital stock. Sec. 7. Said corporation shall not organize until the capital stock shall have been subscribed and ten per cent. of the same paid in May organize when. Sec. 8. Repeals conflicting laws. Approved March 19, 1869. TITLEX. INSURANCE BUSINESS. Act No. 109.To regulate insurance business and insurance companies, c. (No. 109.) An act to regulate insurance business and insurance agencies in the State of Georgia. Section 1. Be it enacted, c. , That it shall not be lawful for any insurance company, or agent of the same, excepting Masonic, Odd Fellows and Religious Mutual Aid Societies aheady chartered by this State, to transact any business of insurance, without first procuring a certificate of authority from the Comptroller General of this State; and, before obtaining such certificate, such Company must furnish the Comptroller General with a statement under oath specifying First. The name and locality of the Company. Second. The condition of such Company on the thirty-first day

Page 128

of December, then next preceding, exhibiting the following facts and items, in the following form, namely: First. The amount of the capital stock of the Company, and what part of the same has been paid up in cash, and what part is in notes of the stockholders, and how such notes are secured. Second. The property or assets held by the Company specifying 1. The value, or as nearly as may be, of the real estate held by such Company. 2. The amount of cash on hand and deposited in banks to the credit of the Company. 3. The amount of cash in the hands of agents and in course of transmission. 4. The amount of loans secured by bonds and mortgages on real estate. 5. The amount of other loans and how secured. 6. The amount of stocks of this State, of other States in the United States, and of any other stocks owned by the Company, specifying the amounts, number of shares, and par and market value of each kind of stock. 7. The amount of interest actually due and unpaid. 8. The amount of premium notes on hand upon which policies have been issued. Third. The liabilities of the Company, specifying 1. The amount of losses due and yet unpaid. 2. Amount of claims for losses resisted by the Company. 3. The amount of losses not yet due, including those reported to the Company, on which no action has yet been taken. 4. The amount of dividends declared and due and remaining unpaid. 5. The amount of dividends declared, but not yet due. 6. The amount of money borrowed. 7. The amount of all other claims against the Company. Fourth. The income of the Company during the preceding year, specifying 1. The amount of cash premiums received. 2. The amount of notes received for premiums. 3. The amount of interest money received. 4. The amount of income received from other sources. Fifth. The expenditures during the preceding year, specifying 1. The amount of losses paid during the year. 2. The amount of dividends paid during the year. 3. The amount of expenses paid during the year, including fees and commissions to agents and officers of the Company. 4. The amount paid in taxes. 5. The amount of all other payments and expenditures. Sixth. The greatest amount insured in any one risk. Seventh. A certified copy of the act incorporating the Company. Sec. 2. The said statement shall be filed in the office of the Comptroller General. No company, excepting Masonic, Odd Fellows, and Religious Mutual Aid Societies already chartered by this

Page 129

State, shall be allowed to transact any business of insurance in this State unless possessed of at least one hundred thousand dollars of actual cash capital paid in, or assets, and invested in bonds and stocks estimated at their actual market value at the date of such statement, and in mortgages on real estate worth double the amount for which the same is mortgaged. Assets must am'nt to $100,000 before license issues Sec. 3. Upon filing such statement as aforesaid, the Comptroller General, when satisfied that the statement is correct, and that the Company has fully complied with the provisions of this act, shall issue a certificate of authority to transact business of insurance in this State, to the Company applying for the same, and to all agents such Company may appoint and commission. Comp. Gen. issues the licensewhen and to whom. Sec. 4. Said statement must be renewed annually, on the first day of January in each year, or within sixty days thereafter; and if the Comptroller General is satisfied that the capital, securities, and investments remain secured as at first, he shall furnish a renewal of the certificates. Insurance companies shall not be required to furnish but the single statement annually. The Comptroller General shall be entitled to a fee for examining and filing each statement of such companies of seven and one-half dollars, and for certificates to agents of two and one-half dollars, which fees shall be paid by the Company or agent filing the said statements, and to whom certificates are to be issued. Annual statements must be made. Fee of Comp. Gen. Sec. 5. Whenever the existing or future laws of any other State of the United States shall require of insurance companies incorporated by this State, and having agencies in such other State, or of the agents thereof, any deposit of securities in such State, for the protection of policy-holders, or otherwise, or any payment for taxes, penalties, certificates of authority, license fees, or otherwise greater than the amounts required for such purposes from similar companies of other States by the then existing laws of this State, then, and in every such case, all companies of such States establishing, or having heretofore established, an agency or agencies in this State, shall be, and are hereby, required to make the same deposit for a like purpose with the Comptroller General of this State, and to pay to said Comptroller General for taxes, fines, penalties, certificates of authority, license fees, and otherwise an amount equal to the amount of such charges and payments imposed by the laws of such State upon companies of this State and agents thereof. Additional liability of foreign Insurance Companies. Sec. 6. That all persons violating the provisions of this act shall be liable to indictment, and, on conviction, shall be fined not less than one hundred dollars, nor more than five hundred dollars, at the discretion of the jury and Court trying the same. Penalty for violating this act. Sec. 7. That this act shall take effect on the first day of June next. Sec. 8. Repeals conflicting laws. Approved March 19, 1869.

Page 130

TITLE XI. JUDICIARY. Section. 1. Juries drawn for August term, 1868, in Clark and Baldwin counties, to serve at February term, 1869. 2. Tales jurors may be summoned, c. 3. Jurors drawn and summoned for August term, 1868, of Clark county shall serve at February term, 1869. 4. Juries drawn by Sheriff, c., for January term of Floyd Superior Court declared legal, c. Contemplated adjourned term, c. 5. Provisions of above apply to juries drawn for Polk Superior Court. 6. Attorneys at law may verify pleas by oathwhen. 7. Attorneys, when doing so, may swear to the best of their knowledge, c. 8. Distributive Partnership assetshow [Illegible Text]. 9. Rights, c., of representatives of deceased partners. 10. Notice of certiorari in possessory warrants. 11. Notice operates as supersedeas for ten days. 12. Laws retroactive, relative to statute of limitations, void. 13. Suits to revive foreign judgmentswhen to be brought. 14. Suits on instruments under seal must be broughtwhen. 15. On notes and other simple contractswhen must be brought. 16. Against administrators, c.when must be brought. 17. Suits on contracts made prior to June, 1865when must be bro't. 18. Actions for torts, done prior to June, 1865when barred. 19. Rights accruing since June, 1865, limited only by the Code. 20. Certain acts of Notaries Public legalized. 21. Dignity of lien of laborers and mechanics. 22. How such lien may be enforced. Section. 23. Executionshow issued on judgments from defunct Courts. 24. Demurrers and motions may be heard by Judges of the Superior Court in vacation. 25. Garnishee must answer up to the time of answering. 26. Members of certain Fire Companies relieved from jury duty. 27. Clerical mistakes in executions amendable. 28. Relief of Sheriffs and other officers. 29. Acts of former Justices of the Peace legalized. 30. Garnishmentshow dissolved. 31. Servicehow perfected vs. Chattanooga Nashville Railroad Company. 32. Jury lawduty of Ordinary, C. S. C. and Commissioners; Jurorsqualifications and how selected, c. 33. Judges shall open box; drawinghow to be done. 34. Judge failing to draw, who shall. 35. Precept to Sheriff, summons, c. 36. Grand and petit jurorsduty of grand jury. 37. Panels 1 and 2equity causes, c., how tried, c. 38. Delinquent jurorshow fined. 39. When tales jurors may be summoned and by whom. 40. Criminal causes below felonyjury, how obtained, c. 41. In cases of felony, how obtained. 42. Revisal of jury boxClerk's duty. 43. Jury box to be revised within thirty days hereof. 44. After revision jury to be drawn, c. 45. Compensation of jurors. 46. Act of August 27, 1865, continued. 47. Where no juries are, nor can be provided under this act for next term, how to proceed. 48. Constables may execute processes, c. (No. 110.) An act to authorize the holding of the Superior Courts of Clark and Baldwin counties at the February term , 1869, and to provide juries therefor. Section 1. The General Assembly of the State of Georgia do enact ,

Page 131

That it shall be lawful for the juries drawn to serve at the August terms, 1868, of the Superior Courts of Clark and Baldwin counties to serve at the February terms, 1869, of the Superior Courts of Clark and Baldwin counties, and that all issues in civil cases shall be formed in the manner prescribed in the Constitution and tried by a special jury. Juries for Aug. term in 1868, in Clark and Baldwin counties to serve at February term, 1869. Sec. 2. That the presiding Judge may, in his discretion, order the Sheriff to summon tales jurors whose names are in the grand jury box, and they shall likewise constitute a jury for the trial of issues in civil cases, which issues shall be formal and tried in the manner specified in the first section of this act. Tales jurors may be summoned, c. Sec. 3. And be it further enacted , That the juries drawn and summoned for said August term, 1868, of the Superior Court of Clark county shall be required to serve at the next February term of said Court. Juries drawn at Aug. term. Must serve at February term. Sec. 4. Repeals conflicting laws. Approved February 1, 1869. (No. 111.) An act to provide for the holding of Floyd and Polk Superior Courts; to legalize the juries drawn by the Clerks, Sheriffs and Ordinaries of said counties, and to legalize the contemplated adjourned term of Floyd Superior Court, and for other purposes. Section 1. Be it enacted , That the juries drawn in December last by the Clerk, Sheriff and Ordinary of Floyd county for the January term of Floyd Superior Court, 1869, be, and they are hereby, declared to be legal and valid, and that all verdicts and judgments or decrees given, rendered, made or granted by said juries shall be legal; and that the contemplated adjourned term of said Court to the fourth and fifth Mondays in March be, and the same is hereby, legalized. Juries drawn at fall term made legal. Contemplated adjourned term. Sec. 2. That so much of the above section as applies to juries drawn for the January term of Floyd Superior Court also applies with equal force and effect to the juries recently drawn by same authority for the January term, 1869, of Polk Superior Court. Polk Superior C'rt. Sec. 3. Repeals conflicting laws. Approved January 23, 1869. (No. 112.) An act to authorize agents and attorneys at law of defendants to make oath to pleas in certain cases. Section 1. Be it enacted, c. , That from and after the passage of this act, in all civil cases founded on contract where there is an issuable defense, and where the defendant does not reside in the county in which suit is pending, it shall and may be lawful for

Page 132

the agent or attorney at law of such defendant to make oath to the plea, and the same shall be as good and sufficient as if made by the defendant himself. Attorneys and agents may verify certain pleaswhen. Sec. 2. Be it further enacted, c. , That when the plea is filed on the oath of the agent or attorney at law of the defendant, he may swear that what is contained in such plea is true, according to the best of his knowledge and belief. How. Sec. 3. Repeals conflicting laws. Approved March 4, 1869. (No. 113.) An act to facilitate settlement of co-partnerships dissolved by death of one or more co-partners. Whereas, The collection of debts is now greatly impeded and indefinitely suspended by the unavoidable operation of the relief and homestead laws, thus rendering it impossible for surviving co-partnership in many cases to wind up the co-partnership affairs, and settle finally with the heirs and representatives of the dead partners, to the great danger of both parties, and injury to public trade and commerce; therefore, for remedy thereof, Preamble. Section 1. It is hereby enacted by the General Assembly of the State of Georgia , That where co-partnerships have been, or shall be, dissolved by the death of one or more partners, and the debts of the firm are all paid, that then the assets of the firm, as far as possible, may be divided in kind between surviving co-partners and the representatives of the dead co-partner by three disinterested appraisers, chosen by the parties as arbitrators, or appointed by the Ordinary of the county where the survivors reside, either in term or vacation, on application of either party, said appraisers to be sworn to make fair appraisements and divisions, to the best of their ability. Distribution of partnership assets how made. Sec. 2. That after each division, the representative of the dead partners shall have a right to sue in his own name upon all choses in action assigned to him in the division. Representatives of deceased partners their rights. Sec. 3. Repeals conflicting laws. Approved March 11, 1869. (No. 114.) An act to authorize either party in a possessory warrant to give notice of an intention to certiorari, and the same shall operate as a supersedeas for ten days, c. Section 1. Be it enacted by the Senate and House of Representatives , That from and after the passage of this act, either party in a possessory warrant, being dissatisfied with the decision of the Court, may sue out a writ of certiorari , as now provided by law in civil cases. Certiorari from possessory warrants.

Page 133

Sec. 2. Be it further enacted , That a notice of intention to certiorari , when served upon the opposite party, or his agent or attorney, such notice shall operate as a supersedeas for ten days, during which time the officer shall retain the possession of the property, and [if] after the expiration of the ten days no certiorari has been granted, then, and in that event, the officer shall proceed to deliver the property, as directed by the Court at the time of trial, any law or usage to the contrary notwithstanding. Operates as a supersedeas. Sec. 3. Repeals conflicting laws. Approved March 8, 1869. (No. 115.) An act in relation to the Statute of Limitation, and for other purposes. Whereas, Such confusion has grown out of the distracted condition of affairs during the late war; and whereas, doubts are entertained relative to the law of limitation of actions in this State, which should be put to rest; Preamble. Section 1. Be it therefore enacted by the General Assembly of Georgia , That all acts of the Legislature of this State, and all ordinances of the Conventions of 1865 and 1868, which have the force and effect of law, which are retroactive in their character relative to the statute of limitations, shall be held by the Courts of this State to be null and void, in all cases in which the statute had fully run before the passage of said retroactive legislation. Laws retroactive and relative to the statute of limitations null and void. Sec. 2. And be it further enacted , That all suits upon judgments obtained outside of this State prior to 1st of June, 1865, not now barred, and all writs of scire facias to revive any judgment obtained in this State, which is now dormant, shall be brought by 1st January, 1870, or both the right of action and the remedy shall be forever barred. Suits to revive foreign judgments must be brought prior to January, 1870. Sci. fa. to revive judgment in this State. Sec. 3. And be it further enacted , That all actions on bonds or other instruments under seal, and all suits for the enforcement of rights accruing to individuals, or corporations, under the statutes or acts of incorporation, or in any way by operation of law which accrued prior to 1st of June, 1865, not now barred, shall be brought by 1st January, 1870, or the right of the party, plaintiff or claimant, and all right of action for its enforcement, shall be forever barred. Suits on bonds, c., must be instituted by January, '70 Sec. 4. And be it further enacted , That all actions on promissory notes, bills of exchange, or other simple contracts in writing, and all actions upon open accounts, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied assumpsit or undertaking, which accrued on a contract which was made prior to 1st of June, 1865, not now barred, shall be brought by 1st January next, after the passage of this act, or the right of the party, plaintiff or claimant, and all right of action for its enforcement shall be forever barred. Suits on notes, c., must be instituted by Jan., 1870. Sec. 5. And be it further enacted , That all actions against executors,

Page 134

administrators, guardians or trustees, which accrued prior to 1st June, 1865, or which are predicated upon any alleged neglect or misconduct of any such executor, administrator, guardian or trustee, in the investment of trust funds in currency, bonds or the like, without an order of Court, or other sufficient authority; or in the management of any trust estate, which occurred prior to 1st June, 1865; or when the mismanagement, or investment occurred or was made prior to that date, shall be brought [by] 1st January, 1870, if not already barred, and not after, and the right of action shall be forever barred, if not brought within that time; Provided , That no executor, administrator, guardian or trustee, shall have the benefit of this act who has acted fraudulently and corruptly in the management of the trust estate. Suits against administrators, c. When barred. Sec. 6. And be it further enacted , That all other actions upon contracts, express or implied, or upon any debt or liability whatsoever, due the public, or a corporation, or a private individual or individuals, which accrued prior to the 1st June, 1865, and are not now barred, shall be brought by 1st January, 1870, or both the right and the right of action to enforce it shall be forever barred. All limitations hereinbefore expressed shall apply as well to courts of equity as courts of law, and the limitations shall take effect in all cases mentioned in this act, whether the right of action had actually accrued prior to the 1st of June, 1865, or was then only inchoate and imperfect, if the contract or liability was then in existence. No recovery after January, '70, on any liability which accrued prior to June, 1865. Sec. 7. And be it further enacted , That all actions for torts of any character whatever, when the tort or wrong was committed, or the right of action accrued, or the injury was done, whether to the person or the property of any person or corporation, prior to the 1st June, 1865, by any person then or now a citizen or inhabitant of this State, which is not now barred, shall be brought and prosecuted within three months from the passage of this act, or the right of action of the injured party or plaintiff in the action, as well as the right of such party to sue, shall be forever extinguished, barred and foreclosed. All actions for torts committed prior to June, '65, barred after the lapse of 3 months. Sec. 8. And be it further enacted , That all cases of the character mentioned in any section of this act which have arisen, or in which the right of action or the liability has accrued, or the contract has been made since the 1st June, 1865, shall be controlled and governed by the limitation laws, as set forth in the Revised Code of Georgia, adopted by the new Constitution of this State. Rights accruing since June, 1865, limited only by the Code. Sec. 9. Repeals conflicting laws. Approved March 16, 1869. (No. 116.) An act to make valid the acts of certain Notaries Public in this State. Section 1. The General Assembly of the State of Georgia do enact , That all oaths heretofore administered, attachments issued, bonds

Page 135

approved, and deeds or other instruments attested by any Notary Public, who, at the time of so doing, was the attorney at law of the party or parties to whom such oath was administered, or in whose favor such attachment was issued, or by whom such bond, deed or other instrument was executed, shall be legal and valid to all intents and purposes. Acts of certain Notaries Public legalized Sec. 2. Repeals conflicting laws. Approved March 8, 1869. (No. 117.) An act to carry into effect the 30 th section of the 1 st article of the Constitution of the State, upon the subject of the lien of laborers and mechanics. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That from and after the passage of this act, laborers and mechanics shall have liens upon the property of their employers for labor performed and for materials furnished, which lien shall be superior in dignity to all other liens, except factors' and mechanics' liens, and such other liens as summary remedies are provided for in Irwin's Revised Code, and for debts due the public, but shall be of equal dignity with the liens last mentioned. Laborers' and mechanics' liendignity of. Sec. 2. That the laborers' and mechanics' lien may be enforced in the manner prescribed in the 1969th section of Irwin's Revised Code, upon the subject of enforcing liens against steamboats, except the Justices of the Peace shall have jurisdiction of all cases of one hundred dollars or less. How enforced. Sec. 3. And be it further enacted , That all the provisions of the Code upon the subject of enforcing liens upon steamboats shall apply to the enforcement of laborers' liens. Sec. 4. Repeals conflicting laws. Approved March 19, 1869. (No. 118.) An act to authorize the Clerks of the Superior Courts of this State to issue executions on judgments obtained in the Inferior and County Courts of this State in cases where the Clerks of said Inferior and County Courts have failed to do so. Whereas, By section thirty-five hundred and eighty (3580) of Irwin's Revised Code, all executions are made returnable to the Court from whence they issued, and parties are prevented from obtaining executions on judgment obtained in said Courts; for remedy whereof, Preamble. Section 1. The General Assembly of the State of Georgia do enact, c. , That the Clerks of the Superior Courts of this State be, and

Page 136

they are hereby, authorized to issue executions on all judgments obtained in the Inferior or County Courts of this State in cases where the Clerks of said Inferior and County Courts have failed to do so. Executions on judgments in Inferior and County Courtshow issued. Sec. 2. Repeals conflicting laws. Approved February 26, 1869. (No. 119.) An act to authorize Judges of the Superior Courts, at chambers, to hear and determine demurrers, and to hear and dertermine motions to revoke or change orders appointing a Receiver in equity causes. Section 1. The General Assembly of the State of Georgia do enact , That Judges of the Superior Courts of this State shall have power and authority to hear and determine, in vacation, all demurrers to bills in equity, and all motions to revoke or change orders appointing a Receiver, on ten days' notice being given, in writing, to the opposite party, or his solicitor, by either party, and by service with a copy of such demurrer or grant to revoke or change such order. Demurrers and motionswhen and by whom heard. Sec. 2. Repeals conflicting laws. Approved March 16, 1869. (No. 120.) An act to amend the garnishment law of this State. Whereas, Under the garnishment law of this State, as set forth in section 3485 of Irwin's Revised Code, doubts may arise whether or not the garnishee is compelled to retain in his hands and make return to the Court whence the garnishment issued of any property or effects of the defendant which he may owe, or have received, or got possession of, between the time of the service upon him of the summons of garnishment and the time of making his return; Preamble. Section 1. The General Assembly of the State of Georgia do enact , That the said section 3485 of said Code be so amended as to read as follows: Then the garnishee shall be required to appear at the next Court thereafter, then and there, or before that time, to depose, on oath, what he is indebted to, or what property and effects he has in his hands belonging to the defendant, or had at the time of the service of the summons of garnishment, and also what he has become indebted to the defendant, or what property and effects he has received or got possession of, belonging to the defendant, between the time of the service of said summons and the time of making his return. Sec. 3485 of the Code amended. Return of garnishee. Sec. 2. Repeals conflicting laws. Approved February 26, 1869.

Page 137

(No. 121.) An act to relieve from jury duty members of Watchful Fire Company No. 1, at Cuthbert, and Neptune Fire Company, of Thomasville. Section 1. Be it enacted, c. , That from and after the passage of this act (40) forty active members of the Watchful Fire Company No. 1, at Cuthbert, and Neptune Fire Company, of Thomasville, be, and are hereby, relieved from jury duty. 80 members of fire companies reliev'd fr'm jury duty. Sec. 2. Repeals conflicting laws. This act became a law, without Executive approval, by the lapse of five days from its receipt by the Governor without being returned by him. (No. 122.) An act to authorize Clerks of Court to amend fi. fas. and issue alias executions in certain cases. Section 1. The General Assembly do enact , That when the Clerk of any Court has heretofore made, or shall hereafter make, any mistake in issuing any execution, such Clerk, or any successor of his in office, may correct such mistake by amending said execution, and shall note and certify the fact that such amendment was made by him on the execution, or such Clerk may issue an alias fi. fa. , to be signed and dated by him at the time it is issued, instead of the fi. fa. in which the mistake was made; and such Clerk shall note the fact of the issuing of such alias on the original, which original shall remain of file in his office, and shall likewise make a memorandum thereof on the execution docket, and shall also transcribe upon the alias all the entries and credits from the original, and no order of Court shall be necessary in the cases contemplated by this act. Clerical mistakes in executions amendable. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 123.) An act to define the liability of Sheriffs and other ministerial officers of this State in certain cases, and to grant relief to the same. Whereas, It is the duty of the Courts in the construction of statutes to declare such as are in conflict with the Constitution of the State of Georgia, or that of the United States, to be null and void; and whereas, it is unjust to hold Sheriffs and other ministerial officers liable for a failure to execute orders and processes from the Courts in cases where there are statutes declaring that such orders and processes shall not be executed, or shall be stayed, which have not been declared by the Courts void, and when said

Page 138

officers have in good faith acted according to the letter and meaning of such statutes; therefore, Preamble. Section 1. Be it enacted, c. , That in all cases which have heretofore occurred in this State, where any Sheriff or other ministerial officer has, in accordance with the terms of any statute of the State, at the time not decided by the Supreme Court of the State to be null and void because of conflict with the Constitution of the State of Georgia, or of the United States, failed to execute any order or process of any of the Courts of this State, and for such failure have been attached for contempt, and are threatened with, or now being subjected to, the punitive powers of the Court, are hereby relieved from such liability and punishment. Relief of Sheriffs and other ministerial officers. Sec. 2. That nothing in the first section of this act shall be so construed as to relieve Sheriffs or other ministerial officers, or their securities, from the payment of any debt they may have incurred by any failure to execute orders or processes of the Courts, but they shall be liable to suits on their bonds as heretofore. Neglect or violation of duty not relieved. Sec. 3. Repeals conflicting laws. Approved February 26, 1869. (No. 124.) An act to legalize, confirm and make valid the acts of the old Justices of the Peace who have held over. Section 1. The Legislature of the State of Georgia do enact , That the Justices of the Peace who were elected before the adoption of the late State Constitution, and who are now and have been exercising the duties of magistrates, are rightfully doing so, and this Legislature do hereby legalize, confirm and make valid all their acts as Justices of the Peace, to all intents and purposes. Acts of old Justices of the Peace legalized. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 125.) An act to dissolve garnishment under attachment, c. Section 1. Be it enacted by the General Assembly , That from and after the passage of this act, in all cases where summons of garnishment has issued by attachment, and served as now provided by law regulating attachments, said garnishments may be dissolved as if the same had been at common law, any law or usage to the contrary notwithstanding. Garnishment dissolvedhow Sec. 2. Repeals conflicting laws. Approved March 4, 1869.

Page 139

(No. 126.) An act to amend and declare in full force an act entitled an act to enable parties having claims against the Nashville Chattanooga Railroad Company, in the State of Georgia, to perfect service upon said Company, and for other purposes, assented to December the 20th , 1860. Whereas, The Nashville Chattanooga Railroad Company have discontinued the depot or way-station at the place known as Lookout, on said road, in Dade county, Georgia, in the above recited act mentioned; and whereas, doubts have arisen as to the legality of service being perfected in the manner pointed out in said act at said place since said Company ceased to do business at said place; and for remedy thereof, Preamble. Section 1. Be it enacted, c. , That from and after the passage of this act, the Ordinary of the county of Dade shall cause to be erected a post at a place on the Nashville Chattanooga Railroad, in said county, known as Hooker, and upon any warrant, summons, process, notice from any Court or officer of said county being posted on said post, and a copy sent by mail, as required by said act, shall be deemed and held a complete and full service, and that the said act, assented to 20th December, 1860, as hereby amended, is declared to be of full force. Suits against the Nashville Chattanooga R. R. Co. notice to. Sec. 2. That no person complying with the provisions of this act shall be denied the privilege of suing in any Court in said county having jurisdiction of the subject-matter, for any injury done by said Nashville Chattanooga Railroad Company to his or her person or property; Provided , That any action that has already accrued shall be brought within the next six months after the passage of this act; And provided further , Said Company shall not be liable to be sued for any damage done to the person or property of any person prior to the first of January, 1865. Where and when suits against said road must be brought. Sec. 3. Repeals conflicting laws. Approved March 8, 1869. (No. 127.) An act to carry into effect the second clause of the 13th section of the 5th article of the Constitution. Section 1. Be it enacted, c. , That it shall be the duty of the Ordinary in each county in this State, together with the Clerk of the Superior Court and three Commissioners, appointed for each county by the presiding Judge of the Superior Court, removable at his pleasure, to meet at the court-house on the first Monday in June, biennially, whose duty it shall be to select from the book of the Receiver of Tax Returns upright and intelligent persons to serve as jurors, and to make out tickets, with the names of the persons so selected, which said tickets shall be put in a box to be

Page 140

provided at the public expense, which said box shall have two apartments, marked number one and two, and which shall be locked up and sealed by the Judge and placed in the care of the Clerk, and the key in the care of the Sheriff; and no grand or petit jury shall be drawn but in the presence of the Judge in open Court; nor shall any person, on any pretense whatever, open said box or alter the names placed therein; and any person so offending, upon conviction of the same, shall be punished by fine and imprisonment in the common jail of the county, at the discretion of the Court. Duty of Ordinaries, C. S. C. and Commissioners. Jurors qualifications and how selected. Must be drawn in presence of Judge, c. Box must not be openedoffense, penalty. Sec. 2. Be it further enacted , That the Judges of the Superior Courts, at the close of each term, in open Court, shall unlock said box and break the seal, and cause to be drawn from apartment number one not less than eighteen nor more than twenty-three names, to serve as grand jurors at the next term of the Court; after which, said Judge shall proceed to draw out of the same apartment thirty-six names, to serve as petit jurors for the trial of civil and criminal cases; all of which names, so drawn out as aforesaid, shall be deposited in apartment number two; and when all the names shall have been drawn out of apartment number one, then the drawing shall commence from apartment number two, and the tickets be returned to number one, and so on alternately; and no name, so deposited as aforesaid in said box, shall, on any pretense whatever, be thrown out of said box, or destroyed, except when it is satisfactorily shown to the Judge that the juror is dead, removed out of the county, or otherwise disqualified by law. Judge Super'r Court shall open. Drawing how to proceed. Sec. 3. Be it further enacted , That whenever, from any cause, the Judge shall fail to draw juries, as provided in this act, it shall be the duty of the Ordinary of the county in which such failure may have occurred, together with the Commissioners and Clerk of said county, to meet at the court-house at least twenty days previous to the next ensuing term of the Court, whether such term be a regular or adjourned term, and then and there draw grand and petit jurors to serve at that term; all of which shall be duly entered by said Clerk on the minutes of the Court and signed by the Ordinary. Judge failing to draw, who shall do it. Sec. 4. Be it also enacted , That within thirty days after said jurors shall have been drawn by a Judge of the Superior Court, and within five days after they may have been drawn by the Ordinary and Commissioners, as herein provided, the Clerk of the Superior Court shall issue and deliver to the Sheriff, or his deputy, a precept containing the names of the persons drawn as grand jurors, and also a precept containing the names of the persons drawn as petit jurors; and, upon the receipt of said precept, the Sheriff, or his deputy, shall cause the persons whose names are therein written to be served personally, or by leaving the summons at their most notorious places of residence, at least ten days prior to the term of the Court the jurors were drawn to attend. Precept to Sheriff. Service. Sec. 5. Be it also enacted , That a grand jury shall consist of not less than eighteen nor more than twenty-three persons, and that the duties of a grand jury shall be confined to such matters and

Page 141

things as, by the laws and statutes of this State, a grand jury are required to perform. Number of grand jurors Duty of grand jury. Sec. 6. Be it also enacted , That the Judges of the Superior Courts in this State at each term shall, from the petit jurors, have made up two panels of twelve jurors each, which shall be known and distinguished as panels number one and number two; all equity cases, collateral issues, and issuable pleas, c., in said Courts, shall be tried by one or the other of said panels; Provided , The parties can agree upon a panel to try the same. But in the event the parties cannot agree upon a panel, then it shall be the duty of the Clerk to furnish the parties or their attorneys with a list of both panels, from which said list the parties or their attorneys may strike alternately until there shall be but twelve left, which shall constitute the special jury to try the case. In all cases the plaintiff shall have the first strike. Each panel of the petit jury shall take the oath prescribed for special juries in section 3855 of the new Code, and grand jurors shall take the oath contained in section 3847 of the same Code; Provided , That the Judge may in his discretion have special juries selected from the grand jury in the manner heretofore prescribed by law for the purpose of trying issues in civil cases. Panels Nos. 1 and 2 -how selected Equity cases, c. how tried. In case of disagreement. How stricken. First strike. Oath of Pettit juries Proviso. Sec. 7. Be it also enacted , That if any person shall be drawn as a juror and duly summoned to appear as such at Court, or if any person shall be summoned as a tales juror and shall neglect or refuse to appear, or if any juror shall absent himself without leave of the Court, then, and in that event, it shall be lawful for the Court to fine such person in a sum of not more than forty dollars. Delinquent jurorshow fined. Sec. 8. Be it further enacted , That when, from challenge, or from any other cause, there is not a sufficient number of persons in attendance to complete the panel of grand jurors, or either panel of petit jurors, the Court may order the Sheriff, or his deputy, to summon persons qualified, as hereinbefore required, sufficient to complete the panel; and when the Sheriff, or his deputy, is disqualified to summon talesmen, as aforesaid, then they may be summoned by the Coroner, or such other person as the Court may appoint. When tales jurors may be summoned. Sheriff disqualified Coroners may summon. Sec. 9. Be it also enacted , That on the trial of criminal offenses, less than felonies, the Solicitor and the accused may select either panel of the petit jury to try the case; but in the event the Solicitor and the accused cannot agree upon a panel, then the Court shall have a panel made up of the twenty-four petit jurors in attendance, of which the accused shall have the right to challenge seven peremptorily, and the State five. The remaining twelve shall constitute the jury. Criminal causes below felony. Juryhow obtained. Challenge. Sec. 10. Be it also enacted , That when any person shall stand indicted for any offense which, upon conviction, may subject him to the punishment of death, or to imprisonment in the Penitentiary, it shall be the duty of the Court to have empaneled forty-eight jurors, twenty-four of whom shall be taken from the two panels of petit jurors, from which to select the jury for the trial of such

Page 142

offense; and in the event the jury cannot be made up of said panel of forty-eight, the Court shall continue to furnish panels, consisting of such number of jurors as the Court, in its discretion, may think proper, until a jury is obtained. Jury in cases of felonyhow obtained. Sec. 11. Be it also enacted , That on the revisal of the jury box, as provided in this act, it shall be the duty of the Clerk to make out a list of all the names in the box, the same to be alphabetically arranged, and to place said list of file in his office, which said list shall be certified by the Ordinary, Commissioners, and Clerk to contain all the names placed in the jury box. Revisal of Jury boxClerk's duty Sec 12. Be it also enacted , That the Ordinary, Clerk of the Superior Courts, and three Commissioners in the different counties in this State, shall meet at the court-house within thirty days after the passage of this act, to organize jury boxes according to the provisions of this act; and that the jury boxes in this State shall be revised, as herein provided, on the first Monday in June, 1870, and ever thereafter, biennially on the first Monday in June. Jury box to be revised within 30 days from passage hereof. In future, when revised. Sec. 13. Be it also enacted , That after the jury boxes shall have been organized, as provided in the previous section of this act, the Ordinaries and the Commissioners in their respective counties shall immediately proceed to draw grand and petit jurors to serve at the next term of the Superior Court, which jurors shall be summoned as provided in this act; all of which shall be duly entered by the Clerk on the minutes of his Court, and signed by the Ordinary. After revisi'n, jur'rs to be drawn, c. Sec. 14. Be it also enacted , That the compensation of grand and petit jurors shall be one dollar for each and every day they may serve. Compensation of jurors. Sec. 15. That an act to authorize the holding of the Superior Courts of this State at the ensuing fall term, and to provide juries therefor, approved August 27th, 1868, be, and the same is hereby, continued in force until juries can be drawn under this act; and all juries now drawn shall be considered, and are hereby declared, legal. Act of August 27, 1868 continued. Sec. 16. This act shall go into effect from and immediately after its passage. Takes effectwhen. Sec. 17. Be it further enacted , That for the purpose of supplying juries for the several Superior and City Courts in this State, which are now suspended for the want of proper juries; and for those whose times of holding may occur before the provisions of this act can be made available, that the respective Judges of said Courts, or the Ordinaries of the respective counties, together with the Clerk of said Court and the Sheriff of the county, be, and they are hereby, authorized, from the jurors whose names are now in the grand and petit jury boxes of said Courts, (the said boxes to be consolidated so as to make no classes,) to draw such grand and petit jurors as may be necessary to serve as a grand inquest, and for the trial of all causes, civil and criminal, in accordance with the Constitution and existing laws of this State, and all such tales jurors as may be necessary from time to time to complete said juries; and that the venire be made returnable to the approaching term of the said Court, or to such day of the term as the Judge may direct; Provided , That each regular juror so drawn shall be summoned at least

Page 143

two days before the term of said Court, or the day appointed by the Judge; and that all verdicts and other acts done by such jurors shall be lawful and regular to all intents and purposes; Provided , That this section shall not be construed to be in conflict with the fifteenth (15th) section; and the Judges of the said Courts, in their discretion, may avail themselves of the provisions of either of the said sections; And be it further provided , That the provisions of this section shall not be of force for the holding of any Court whose term may commence after the first of June next. Where no juries are, nor can be provided, under this act for next term how to proceed. Sec. 18. Repeals conflicting laws. Approved February 15, 1869. (No. 128.) An act to extend the jurisdiction of Constables in the several counties in this State . Section 1. Be it enacted, c. , That from and after the passage of this act, it shall be lawful for any Constable of the several counties of this State to execute and return any process issued by a Justice of the Peace or Notary Public of said counties, but he shall return the said process to a Justice of the Peace residing in the militia district where the defendant or defendants resided at the time of issuing said process. Constables may execute process, c. Sec. 2. Repeals conflicting laws. Approved March 18, 1869. TITLE XII. LANDS. Section. 1. Sales of wild lands by Tax Collectorwhen void. Section. 2. When void purchaser acquires no title, but owners may take possession. (No. 129.) An act to declare void the unauthorized sales of wild lands by Tax Collectors of the counties where the land was located, and to direct the refunding of moneys received therefor. Whereas, Several Tax Collectors in this State, in violation of law, have levied on and sold for taxes, at nominal prices, wild lands upon which the taxes had been paid in the counties where such land had been given in; and whereas, it would be unjust and onerous

Page 144

to impose upon such parties expensive and troublesome litigation to assert their rights against the illegal acts of Tax Collectors of this State, in the premises for remedy whereof; Preamble. Section 1. It is enacted by the General Assembly of Georgia , That the sale of wild lands by Tax Collectors for taxes in the counties where the same was located, and where the owners had given in said lands, and paid tax in the counties of their residence, in accordance with law, is hereby declared to be null and void, and all parties purchasing said lands are hereby authorized to call on the Tax Collectors aforesaid, and have the moneys paid by them for purchase money refunded. Sale of wild lands by Ttax Collectors. Sec. 2. It is further enacted , That all persons in possession of lands so purchased as aforesaid shall acquire no right under any color of title a possession of the same, but the owners thereof are hereby authorized to enter upon said lands and take possession thereof. Purchasers acquired no title. Sec. 3. Repeals conflicting laws. Approved March 17, 1869. TITLE XIII. LOTTERIES. Section 1. Selling or offering to sell lottery tickets penalpenalty. (No. 130.) An act to carry into effect Section 23, Article 1, of the Constitution of this State, and for other purposes, c. Whereas, It is declared by the 23d section of the 1st article of the Constitution of this State, that no lottery shall be authorized, or sale of lottery tickets allowed in this State, and adequate penalties for such sale shall be provided by law; therefore, Preamble. Section 1, Be it enacted, c. , That from and after the passage of this act, any person or persons who shall sell or offer for sale in this State any lottery ticket or tickets for any lottery to be drawn in this State or elsewhere shall be guilty of a misdemeanor, and subject to indictment before any Court having jurisdiction thereof, and, upon conviction, shall pay a fine of not less than five hundred dollars for each ticket so sold or offered for sale, or imprisonment in the common jail of the county not less than six months. Persons selling or offering for sale Lottery tickets guilty of a misdemeanor. Penalty. Sec. 2. Repeals conflicting laws. Approved October 5, 1868. Compiler's Note.Being Compiler of the laws of 1868, I was not informed of the existence of the foregoint act until since the publication of said laws. Acts of 1868, page 138, there is an act, approved October 9, substantially the same, but does not make an offer to sell lottery tickets [Illegible Text] Being so directed, I insert this here. April 9, 1869. JAMES M. BISHOP. Compiler.

Page 145

TITLE XIV. PENAL CODE. Act. Sec. of Code. No. 131. ALLOWING MINORS TO PLAY BILLIARDS, c.Amends 4467 132. SALE OF LIQUORS ON DAYS OF ELECTIONAdditional 133. CUTTING OR FELLING CHESTNUT TREESAmends 4373 PENAL CODEAMENDMENTS, c. Section. 1. Owners of billiard tables, c., allowing minors to playindictmentpenalty. 2. Selling intoxicating liquors on days of electionmisdemeanorpenalty. Section. 3. Cutting or felling chestnut treesindictable, c. 4. In such cases onus probandi upon defendant. (No. 131.) An act to make it a penal offense for owners of billiard tables and tenpin alleys to allow minors to play or roll on their tables or alleys without the consent of their parents or guardians. * * Section 4467, Revised Code, makes it penal in like case for the owner of such tables, c., to allow minors to play and bet . This amendment to said section makes it penal to allow minors to play at all . Section 1. Be it enacted, c. , That from and immediately after the passage of this act, any owner or owners, or persons controlling any billiard table or ten-pin alley that shall or may permit any minor to play or roll on the same without the consent of the parent or guardian, shall, on conviction of the same, be fined in a sum not to exceed one hundred dollars for each and every offense, or imprisonment twenty days, or both, at the discretion of the Court. Minors not allowed to play billiards. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 132). An act to carry into effect section eight, article second, of the Constitution of this State. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That from and immediately after the passage of this act, if any person shall sell intoxicating liquors on

Page 146

election days at or within one mile from the city, town or precinct where elections may be held, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined in a sum not exceeding fifty dollars, or imprisonment in the common jail of the county not exceeding ten days, or both, at the discretion of the Court, for each and every offense. The sale of liquors on election days prohibited. Penalty. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 133.) An act the more fully to carry into effect the first division of the first section of an act entitled an act to define certain acts of trespass, and make the same penal, assented to February 23, 1866. * * This amendment to section 4373, Revised Code, seems to have two objects in view: 1st. To preserve chestnuts ; and 2d. To prevent trespass upon vacant lands. It also makes the mode of indictment more convenient. Whereas, There is no adequate provision by law for securing the punishment of the acts of trespass mentioned in the first division of the first section of said act above recited; and whereas, many persons, in violation of said division of said act, are in the habit of cutting and felling large quantities of chestnut timber upon lands owned by unknown parties, or parties living at a distance, under the pretext of gathering the fruit thereon; and whereas, the cutting and felling of such chestnut timber is destructive of a valuable mast, and detrimental to the country, as well as violation of an existing law; therefore, Preamble. Section 1. Be it enacted, c. , That whenever any person shall, in violation of the said 1st division of section first of the above recited act, cut or fell any chestnut tree or trees upon the lands enclosed or unenclosed of another, without the consent of the owner, it shall be the duty of the grand juries in the several counties of this State to make special presentments of all such offenses coming to their knowledge, in which no informer has appeared, and it shall be lawful for any person to prosecute such offenders, whether such person is the owner of the lands trespassed upon or not, and the informer in such cases shall be entitled to one-half the fine which may be imposed and collected in accordance with the second section of the said act of the 23d of February, 1866. Cutting or felleng chestnut trees trespass and indictable. Penalty. Sec. 2. And be it further enacted , When any person or persons are presented or indicted under the provisions of this act, and the act of which this is amendatory, upon the trial of the issue formed in the bill of indictment, the burden of proof shall be upon the defendant, to show the right or authority under and by which he or they committed the act, where the defendant was not in actual possession of the land when the trespass was alleged to have been committed. Evidence in such case Sec. 3. Repeals conflicting laws. Approved March 4. 1869.

Page 147

TITLE XV. RAILROADS. Section. 1. Governor to endorse bonds of A. C. R. R. Co. $8,000 per mile, c. 2. Duty of the Governor in the premises. 3. Bonds not paid at maturity, Governor to seize road, c. 4. State bonds not to be sold below 90 cents in the dollar. 5. A. W. P. R. R. may increase capital, c. 6. Brunswick Albany Railroad deliver to Treasurer of State a deed of trust, c. 7. When twenty miles of said road completed, the Company shall present to the State Treasurer its bonds, c. 8. Bonds not to be sold at less than ten per cent. discount. 9. Company being in default Treasurer of State takes possession of road. 10. Company remaining punctual may control the Road, c. 11. Governor to designate Engineer, who shall certify progress, c. 12. Said Company must complete 20 a year or forfeit endorsement. 13. Atlanta West Point Railroad may take stock in C. W. P. R. R. 14. When Cartersville Van Wert Railroad completed 5 miles, bonds to be endorsed, c. Section. 15. Last section of road endorsed at same rate. 16. Restriction on endorsement. 17. Company failing to meet demands, road seized. 18. C. S. C. R. R. Co. and the C. A. R. R. Co. may consolidate. 19. Affairs, then by whom managed. 20. Approval ofhow. 21. Question of propertyhow determined. 22. Bonds of Dalton M. R. R. Co. 23. Restriction applied. 24. Georgia Railroad authorized to complete the M. A. R. R. 25. Mortgages on M. A. R. R. 26. Liens on M. A. R. R. 27. Citizens of Brunswick may sell, c., to Macon Brunswick Railroad. 28. City Council may prescribe conditions, c. 29. Macon Brunswick Railroad may construct branch road, c. 30. Rights, privileges, c., of. 31. When must be completed. 32. Repeals 3d section of act of 1856. 33. Union Branch Railroad to receive $5,616 10. 34. Amends act of December 14, 1862. (No. 134.) An act to extend the aid of the State of Georgia to the Alabama Chattanooga Railroad Company. Section 1. Be it enacted, c. , That from and after the passage of this act, whenever the Alabama Chattanooga Railroad Company shall have fully completed and equipped that portion of said railroad lying in the State of Georgia, it shall be the duty of the Governor of the State, and he is hereby required, in behalf of the State, to endorse the security of the State on the second mortgage bonds of said Railroad Company to the extent of eight thousand dollars per mile for that portion of said road thus completed, finished and equipped, and lying in the State of Georgia, whenever said Company shall prepare, execute and request the same. [Governor to endorse bonds of A. C. R. R. Co., upon conditions $8,000 per mile. Sec. 2. That before such endorsement shall be made, it shall be the duty of the Governor to be satisfied that said road is thus fully completed, equipped and in complete running order, and free from

Page 148

all mortgages or legal incumbrances, except the incumbrance of the bonds endorsed by the State of Alabama to the extent of sixteen thousand dollars per mille upon that portion of said road lying in the State of Alabama, and with the express understanding that any endorsement of said bonds so made shall not only subject all property of any kind purchased with said bonds or their proceeds to their obligation of said first mortgage lien, until all the principal and interest thereon is paid, but the same shall be a prior lien thereon, and on all other property of said Company. Governor's duty. Sec. 3. In the event any bond or bonds so endorsed by the State, as provided in the first section of this act, or the interest thereon shall not be paid by said Railroad Company at maturity, it shall be the duty of the Governor, upon information thereof, to seize and take possession of all the property of said Railroad Company, and apply the earnings thereof to the extinguishment of said unpaid bonds and the interest on the same, and, upon continued default for the period of six months, may sell said property in such a manner as may best subserve the interest of all concerned. Road failing to pay bonds at maturity, Governor to seize property, c. Sec. 4. Be it further enacted , That said bonds so endorsed shall not be sold, under any pretext, for less than ninety per cent. of the par value thereof, in lawful money of the United States; and in the event the same shall be done, or attempted to be done, it shall be the duty of the Governor to withhold further endorsement, and any tax-payer of the State may appeal to the Courts to restrain the same; and the Governor may, in his discretion, take possession of said railroad, as provided in the preceding section. Such endorsed bonds not to be sold for less than 90-100. If done, further issue withheld. Sec. 5. Repeals conflicting laws. Approved March 20, 1869. (No. 135.) An act to extend to the Atlanta West Point Railroad Company the provisions of an act, approved February 9, 1869, entitled an act to amend the charter of the Macon Western Railroad Company, which was assented to on the 29 th of December , 1847; to allow an increase of the capital stock of said Company; to fix the rate of tax to be paid by the same, and for other purposes. Section 1. The General Assembly of Georgia do enact , That the Atlanta West Point Railroad Company be authorized to increase its capital stock to an amount not exceeding two million five hundred thousand dollars, ($2,500,000,) and that all the other provisions of the above recited act to amend the charter of the Macon Western Railroad Company, approved February 9, 1869, be, and the same are hereby, extended and granted to the Atlanta West Point Railroad Company. A. W. P. R. R. may incre'se capital. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 149

(No. 136.) An act to aid the Brunswick Albany Railroad Company. Whereas, The Brunswick Albany Railroad Company, a corporation duly and legally organized under and in pursuance of divers acts of the Legislature of the State of Georgia, had, previously to the late war, built and equipped, and had in running order about sixty-five miles of their main railroad, extending from the city of Brunswick to the village of Waresboro', which had been so built and equipped at a cost to the proprietors, they being residents of Northern States and Europe, of about one million and eight hundred thousand dollars; and whereas, also, The said road was, during the late war, torn up and demolished by the authority of the then existing government of the State of Georgia, in connection with the government of the Confederate States, to the great damage of the proprietors of said road, by reason of which said proprietors have a claim, as they allege, against the State of Georgia amounting to the sum of three million and four hundred thousand dollars for the damage caused by the tearing up and demolishing said road, including claims against individuals and railroad companies for iron and other property wrongfully taken or converted by said individuals or railroad companies; and whereas, also, A portion of the iron rails, spikes and chairs taken from said Brunswick Albany Railroad, amounting to about six hundred tons, were brought to and placed upon the Western Atlantic Railroad, and have been since, and now are, used upon said Western Atlantic Railroad, by reason of which the said Brunswick Albany Railroad Company has a legal claim against the State of Georgia and against the Western Atlantic Railroad Company for the value of said iron rails, spikes and chairs, and the interest on the same, amounting, in all, to the sum of seventy-five thousand dollars; and whereas, also, The said Brunswick Albany Railroad Company are now entirely free and clear from all and every debt or incumbrance, and are the owners of the right-of-way and graded track from Brunswick to Waresboro'; and whereas, also, The Brunswick Albany Railroad Company, and the proprietors thereof, are willing, in consideration of the aid and assistance in this act provided for, to release and discharge all claims that they may have against the State of Georgia arising out of the above recited causes; and whereas, also, It is important that the said Brunswick Albany Railroad Company's main trunk line through from the waters of the harbor of Brunswick to Albany, and from thence to the line of the State of Alabama, should be a first-class road, with a view particularly to the ultimate transit traffic from the Pacific, which road will cost at least thirty thousand dollars per mile, and will tend greatly to develop the resources of the Southern portion of the State, and to promote the welfare and prosperity of the whole people of Georgia, and largely increase the taxable property of the State; Preamble. Section 1. Be it enacted, c. , That it shall and may be lawful for

Page 150

the Brunswick Albany Railroad Company to execute and deliver to the Treasurer of the State of Georgia, for the time being, a deed of trust, conveying to said Treasurer and his successors in office all the rights, franchises and privileges conferred upon said Brunswick Albany Railroad Company by the several acts of the Legislature of the State of Georgia in reference thereto, and all rights-of-way of said Company on its main railroad through from the waters of Brunswick harbor to Albany, and thence to the line of the State of Alabama, now possessed by said Company, or hereafter to be acquired, and all the tracks, lines, and road-beds upon said main road, now graded or hereafter to be graded, and all real and personal property belonging or appertaining to said main road now owned by said Company, or hereafter to be acquired by them, in trust and as security for the ultimate payment to the holder or holders thereof of the principal and interest of the bonds of said Company, amounting to the sum of fifteen thousand dollars per mile upon said Company's main railroad from the harbor of Brunswick to Albany and the line of the State of Alabama; said bonds to be of the denomination of one thousand dollars each, the principal sum payable in forty years and bear interest at the rate of six per cent. per annum, payable semi-annually, and have coupons or interest warrants attached in accordance thereto; both principal and interest to be payable in coin, and at such place or places as may be specified in said bonds and deed of trust; said bonds to be executed by said Company under the seal thereof; and the Treasurer of the State of Georgia, for the time being, is hereby directed to join with said Company in the execution of said deed of trust, and be, and his successors in office are hereby, charged with the execution of the trust contained therein; said deed of trust shall be recorded in the proper offices for the record of deeds in the several counties through which said Company's main railroad is to pass. B. A. R. R. deliver to Treasurer a deed of trust c. Sec. 2. As soon as said Brunswick Albany Railroad Company shall have built twenty consecutive miles of their said main railroad, in a substantial manner, and shall have the same in good running and working order, which shall be certified to by an engineer appointed by his Excellency the Governor of the State of Georgia for that purpose, the said Company shall present to the Treasurer of the State of Georgia, for the time being, the bonds of said Company, such as are described in the first section of this act, amounting in the aggregate to fifteen thousand dollars per mile upon the road so completed, and from time to time thereafter as often as said Company shall have completed any additional consecutive ten miles of said main road, to be certified to as above, said Company may present to said Treasurer the bonds of said Company, amounting to fifteen thousand dollars per mile upon all of said Company's main road so built, until the whole main road from the harbor of Brunswick to Albany and the line of the State of Alabama is built; and the said Treasurer, for the time being, shall make an endorsement upon the back of each of said bonds, and shall sign the same as Treasurer of the State of Georgia, which

Page 151

endorsement shall be as follows: I certify that the within is one of a series of bonds issued by the Brunswick Albany Railroad Company, and amounting in the aggregate to the sum of fifteen thousand dollars per mile upon said Company's main railroad, secured by deed of trust upon said Company's main railroad and all the real and personal property connected with the same, executed to the Treasurer of the State of Georgia, as trustee, on the day of , A. D. 1869. The payment of the principal and interest of the within bond, according to the terms thereof, is hereby guaranteed by the State of Georgia, in pursuance of, and in obedience to, an act of the Legislature of said State, passed the day of , A. D. 1869. And shall fill up the two blanks in the endorsement, the first with the real date of the deed of trust, and the second with the date of the passage of this act, and shall deliver the bonds so certified and guaranteed to the President of said Company, or other officer authorized by the Board of Directors of said Company to receive the same; and the payment of the principal and interest of said bonds to the holders thereof, according to the terms thereof, is hereby declared to be guaranteed by the State of Georgia. When 20 miles of B. A. R. R. is properly built, said Co. shall present to the Treasurer its bonds for $15,000 per mlle, c Other bonds presented as road progresses. Sta Treasurer endors ment [Illegible Text] bonds. Filling [Illegible Text] blanks. Sec. 3. Said bonds may be negotiated and sold by said Company, but the same shall not be sold at a greater discount than ten per cent. Bonds may not be sold for less than 10 per cent discount. Sec. 4. If default shall at any time be made by the said Company in the payment of the principal or interest of said bonds, when due, the said Treasurer may take possession of said road, and all the personal property connected with or appertaining to the same, and may run the same for the protection of the State and for the benefit of the trust, and may sell the same, in accordance with the conditions of the deed of trust, and according to law, for the benefit of said trust. Company in default Treasurer takes possession [Illegible Text] R. R. c. Sec. 5. Until default shall be made in the payment of the principal or interest of said bonds by said Company, said Company shall have the exclusive control and management of said main railroad, and after the payment of said bonds by said Company, said Company shall own and possess said railroad, free and clear from all incumbrances whatever. Company being punctual controls road. Sec. 6. The Governor shall designate some engineer, who shall certify, from time to time, the completion of the different sections of said road as contained in the second section herein, and upon whose certificate the Treasurer shall endorse and deliver to said Company the bonds in said second section mentioned. Engineer. Sec. 7. The said Company shall build at least fifty miles of said road in each year till the whole line is built; and the acceptance of the terms of this act by said Company shall release and discharge the State of Georgia from all the claims recited in the preamble of this act; Provided, nevertheless , That nothing in this act contained shall be construed to release any person or body corporate, other than the State of Georgia and the Western Atlantic Railroad Company, from any claim or action held by said Brunswick Albany Railroad Company or assigns for the iron, rail,

Page 152

spikes and chairs taken from said last mentioned road, or for the use or destruction of the same. Must build 50 miles a year. Proviso. Sec. 8. Repeals conflicting laws. Approved March 18, 1869. (No. 137.) An act to authorize the Atlanta West Point Railroad Company to subscribe for stock in the Columbus West Point Railroad Company. Section 1. Be it enacted, c. , That the Atlanta West Point Railroad Company be, and is hereby, authorized to subscribe for stock in the Columbus West Point Railroad Company to such amount and on such terms and conditions as may be agreed upon by the Board of Directors of the two Companies respectively. A. W. P. R. R. may take stock in C. W. P. R. R. Sec. 2. Repeals conflicting laws. Approved March 18, 1869. (No. 138.) An act to loan the credit of the State to the Cartersville Van Wert Railroad Company. Whereas, The building of a railroad from the town of Cartersville, in Bartow county, to the town of Van Wert, in Polk county, would greatly benefit the State Road as a feeder, and develop the large mineral interest in Polk county, and bring into market an immense quantity of pine timber which is now useless to the State, besides grindstones and marble and water power of immense importance; Preamble. Section 1. Be it enacted, c. , That from and after the passage of this act, whenever the Cartersville Van Wert Railroad Company shall have completed and put in running order five continuous miles of road, commencing at Cartersville, it shall be the duty of the Governor of the State, and he is hereby required, for, and in behalf of, the State, to endorse the guarantee of the State on the first mortgage bonds of said Railroad Company, to the extent of twelve thousand five hundred dollars per mile for that portion thus finished, and when the second section of five miles is completed, it shall be the duty of the Governor, and he is hereby required, to endorse the like guarantee on the said first mortgage bonds of the said Railroad Company, upon the presentation of said bonds by the said Company, to the extent of twelve thousand five hundred dollars per mile for the second section of five miles, and this rate and extent of endorsement shall be continued upon the same conditions of each subsequent section of five miles until the said road is completed, it being the true intent and meaning of this act that the State shall endorse the said mortgage bonds of said Railraod Company to the extent of twelve thousand five hundred dollars

Page 153

per mile for each mile of said Company's lines, whenever said Railroad Company shall prepare and execute said first mortgage bonds, and shall make request for such endorsements of guarantee therefor as aforesaid. When C. V. W. R. R. complete 5 miles. Governor to endorse said road. $12,500 per mile. To endorse bonds. Same condition extended to whole road. $12,500 pr. mile. Sec. 2. That if the last section of said railroad shall be less than five miles, the endorsement shall be at the rate of twelve thousand five hundred dollars per mile. Last section endorsed at same rate. Sec. 3. That before any such endorsement shall be made, the Governor shall be satisfied that so much of the road as the said endorsement shall be applied for is ready, finished and in complete running order, and that said road is free from all mortgages and other legal incumbrances which may in any manner endanger the security of the State, and upon further conditions and express understanding that any endorsement of said bonds as aforesaid, when made, shall not only subject property of every kind within the State which may be purchased with said bonds to the obligations of said first mortgage lien until all the principal and interest due on the bonds so endorsed shall be paid, but the said endorsement shall be, and is hereby, understood to operate as a prior lien or mortgage on all the property of the Company, to be enforced as hereinafter provided for. Restrictions on endorsement. Sec. 4. That in the event any bond or bonds endorsed by the State, as provided in the first section of this act, or the interest that may accrue and become due thereon shall not be paid by said Railroad Company at maturity, or when due, it shall be the duty of the Governor, upon information of such default, by any holder of said bond or bonds, to seize and take possession of all the property of said railroad company, and apply the earnings of said road to the extinguishment of said unpaid bond, or bonds, or coupons, and may, at his discretion, upon continued default in such payment by said Company for a period of six months, sell the said road and its equipments, and other property belonging to said Company, or any portion thereof, in such manner, and at such time, as in his judgment may subserve the interest of all concerned. Company failing to meet demands, Governor to seize their property, c May sell, c. Sec. 5. That no railroad company of this State shall, under any pretext, sell or dispose of any bonds issued to it by the State, or any of its own bonds endorsed by the State, at less than ninety cents in the dollar, in lawful money of the United States; and in case any such Company to which the State has or may extend its aid, has or may by any direct contract, or by any evasion, or pretext sell or dispose of, or attempt to sell or dispose of, any of the bonds issued or endorsed by the State as aforesaid, for less than ninety cents in the dollar, it shall be the duty of the Governor to withhold all further issues of bonds to such Company, and all further endorsement of bonds of said Company, by reason of which the credit of the State may be depreciated and the burden of the citizens increased. State bonds not to be sold at less than 90-100. If done, Governor to restrain further issue. Sec. 6. Repeals conflicting laws. Approved March 12, 1869.

Page 154

(No. 139.) An act to authorize the consolidation of the Charlotte South Carolina Railroad Company and the Columbia Augusta Railroad Company, and amending the charter thereof. Section 1. Be it enacted, c. , That the Charlotte South Carolina Railroad Company and the Columbia Augusta Railroad Company shall, upon consent of the stockholders of each Company, be consolidated, and form one and the same body corporate, under the name of the Charlotte, Columbia Augusta Railroad Company, possessing all the rights, powers, privileges, immunities and franchises conferred upon said Companies by the several acts heretofore passed, and now of force, incorporating said Companies, and amending the charters thereof. C. S. C. R. R. Co. and the C. A. R. R. Co., upon consent, may consolidatestyle. Retaining rights, franchises, c. Sec. 2. That the affairs of the said consolidated Company shall be managed and directed by the General Board, to consist of eighteen Directors, to be elected by the stockholders from their number; Provided , That four of the Directors shall be elected from amongst the stockholders residing in the State of North Carolina, and four amongst the stockholders residing in the State of Georgia. Affairsby whom managed. Proviso. Sec. 3. That the question of approving the consolidation of companies herein authorized shall be submitted to meetings of the stockholders of each of the said Companies, to be called by the Presidents thereof within six months from the passage of this act, of which one month's public notice shall have been given in the newspapers of the cities Charlotte, Columbia and Augusta, at which meetings the question shall be submitted to the decision of the respective Companies, and determined in the manner provided in their respective charters now of force for the decission of matters upon which it is necessary for the stockholders to act as a Company. How approved. Sec. 4. That all questions of property, debts, credits, equalization of stock, and other matters of detail that may arise upon the consolidation of Companies herein authorized, shall be determined by the respective Companies at the meetings hereinbefore provided for, or at adjourned meeting held subsequent thereto. Questions of property, c. how determined. Sec. 5. Repeals conflicting laws. Approved February 20, 1869. (No. 140.) An act to loan the credit of the State to the Dalton Morgantown Railroad Company, and for other purposes. Section 1. The General Assembly do enact , That the Governor of the State be, and he is hereby, authorized to endorse the bonds of the Dalton Morgantown Railroad Company, which became a corporate body on the 9th October, 1868, upon the same terms and

Page 155

conditions upon which he is authorized to endorse the bonds of the Georgia Air Line Railroad Company, which terms and conditions are set forth in sections first and second of an act entitled an act to loan the credit of the State to the Georgia Air Line Railroad Company, and for other purposes, assented to September 21, 1868; and it shall be the duty of the Governor of the State to give to said Dalton Morgantown Railroad Company the benefits contemplated in said sections, so soon as said Company shall have placed itself in the condition required by said sections. Governor to endorse bonds of D. M. R. R. Co. Sec. 2. That the privileges and restrictions contained in the remaining sections of the said act of 21st of September, 1868, be, and they are hereby, declared of force and applicable to said Dalton Morgantown Railroad Company, so far as the same relates to the endorsement of bonds by the State. Sec. 3. Repeals conflicting laws. Approved March 18, 1869. (No. 141.) An act to authorize the Georgia Railroad and Banking Company to aid the Macon Augusta Railroad Company, by loans or endorsements, and to enable the said Macon Augusta Railroad Company to secure the same. Section 1. Be it enacted, c. , That the Georgia Railroad and Banking Company be, and is hereby, authorized and empowered to loan money to, or endorse the bonds of, the Macon Augusta Railroad Company to finish the said Macon Augusta Railroad to Macon; Provided , Said loan or endorsement shall not exceed the sum of five hundred thousand dollars. Georgia R. R. authorized to complete the M. A. R. R. Sec. 2. That the said Macon Augusta Railroad Company is hereby authorized to secure the said Georgia Railroad and Banking Company for said loan or endorsement by special pledge or mortgage of the said Macon Augusta Railroad, its property and franchise, and any contract made between the said Georgia Railroad and Banking Company, for the purposes aforesaid, shall be valid and binding on both parties; Provided, however , That the pledge or mortgage hereby authorized shall not affect in any way a previous mortgage for four hundred thousand dollars, which said previous mortgage is hereby recognized and confirmed. Mortgage of M. A. R. R. Sec. 3. That nothing in the peceding section of this act shall be so construed as to affect the priority of lien upon the railroad and other property of the said Macon Augusta Railroad Company to the State of Georgia for any endorsement of the bonds of said railroad Company made and to be hereafter made under an act of General Assembly of Georgia, approved October 5th, 1868, authorizing such endorsement, but the said lien shall have preference to any

Page 156

lien created in favor of the Georgia Railroad and Banking Company under authority of this act. Dignity of liens on the M. A. R. R. Sec. 4. Repeals conflicting laws. Approved March 19, 1869. (No. 142.) An act to allow the citizens of Brunswick, through their City Council, to donate or sell town commons to the Macon Brunswick Railroad and Brunswick Albany Railroad. Section 1. Be it enacted, c. , That the citizens of the city of Brunswick, through the action of their City Council, are hereby authorized to donate or sell to the Macon Brunswick Railroad Company, and Brunswick Albany Railroad Company, such portions of the city commons as the citizens of the city of Brunswick may elect at an election held for that purpose, under the rules governing elections in said city. Citizens of Brunswick may sell, c. to M. B. R. R. Co. Sec. 2. The City Council shall have power to prescribe conditions and set forth uses of all property donated or sold. Sec. 3. Repeals conflicting laws. Approved March 18, 1869. (No. 143.) An an to authorize the Macon Brunswick Railroad Company to extend a branch of said railroad from the town of Hawkinsville, in the county of Pulaski, to the town of Fort Valley, in the county of Houston; to apply the rights, privileges and restrictions contained in the several acts of incorporation, and amendments thereof, to said branch as are now conferred by the several acts aforesaid on the Macon Brunswick Railroad Company. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Macon Brunswick Railroad Company be, and they are hereby, authorized and empowered to construct a branch of said Macon Brunswick Railroad from the town of Hawkinsville, in the county of Pulaski, to the town of Fort Valley, in the county of Houston, passing in a direct line, or as nearly so as practicable, from Hawkinsville by the town of Perry to the town of Fort Valley, at the junction of the Muscogee and Southwestern Railroad. M. B. R. R. authorized to construct branch. Where. Sec. 2. Be it further enacted , That all the rights, privileges, and restrictions contained in the original acts of incorporation of the Macon Brunswick Railroad Company, and the acts amendatory thereof be, and they are hereby, retained and extended to said branch railroad; Provided , That nothing shall be so construed in this bill as to authorize State aid. All rights and privileges, c., of M. B. R. R. are retained and extended to said branch R. R. Proviso. Sec. 3. Said Macon Brunswick Railroad Company shall build

Page 157

said branch railroad within five years from the 1st day of January, 1869, and upon a failure to build said road within the time aforesaid, the charter shall cease to be of force; Provided furthermore , That nothing herein contained shall prevent any other Company from building said road upon a failure on the part of said Macon Brunswick Railroad Company to build said road. Must build the road within five years. A failure within such time forfeits charter. Sec. 4. Repeals conflicting laws. Approved February 8, 1869. Compiler's Note.The foregoing act was passed on the 22d day of September, 1868, but not approved by his Excellency Governor Bullock until after all the forms of my last compilation were locked. This April 6, 1869. JAMES M. BISHOP, Compiler. (No. 144.) An act to repeal the third section of an act entitled an act to define the liabilities of the several railroad companies of this State for injuries to persons and property; to prescribe in what counties they may be sued, and how served with process, approved March 5, 1856. Section 1. That from and after the passage of this act, the third (3d) section of the above recited act be, and the same is hereby, repealed. Repeals. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 145.) An act for the relief of the Union Branch Railroad Company. Section 1. Be it enacted, c. , That his Excellency the Governor of the State of Georgia is hereby authorized and required to draw his warrant on the Treasurer of the State of Georgia in favor of the President of the Union Branch Railroad Company for the sum of five thousand six hundred and sixteen dollars and ten cents. Governor's warrant in favor of the U. B. R. R. Sec. 2. That when said warrant issues as aforesaid, the same be paid by said Treasurer to the President of said road. Sec. 3. Repeals conflicting laws. Approved March 16, 1869. (No. 146.) An act to amend an act entitled an act to incorporate the Savannah Gas Light Company and the Augusta Gas Light Company, approved December 14, 1849, and an act amendatory thereof, assented to December 13, 1862. * * This act, being accidentally omitted under proper title, is inserted here.Compiler, Section 1. The General Assembly of the State of Georgia enact , That the act entitled an act to incorporate the Savannah Gas

Page 158

Light Company, and the Augusta Gas Light Company, approved December 14, 1849, and an act amendatory thereof, assented to December 13, 1862, shall continue in force for twenty years from the expiration of the time limited for the operation of the act first above referred to, by the terms of the eighth section of said act, so far as relates to the said Savannah Gas Light Company. Act of December 14, 1849. Duration of. Sec. 2. Repeals conflicting laws. Approved February 12, 1869. TITLE XVI. RELIEF. Section 1. Securities of, and purchasers from debtors may avail themselves of the relief law. (No. 147.) An act to amend an act entitled an act for the relief of debtors, and to authorize the adjustment of debts upon principles of equity, passed in 1868. Section 1. Be it enacted, c. , That from and after the passage of this act, in all cases where defendants refuse to avail themselves of the benefits of the second section of the above recited act, that any party at interest, either as security or owner of property which has passed through the hands of such defendant, have power and authority to have any judgement against such defendant re-opened on motion, as provided by section second of said recited act; Provided , The party making said motion shall be liable for any cost which might accrue against such defendant on account of such motion. Securities of and from debtors entitled to the benefits of the Relief Law. Sec. 2. Repeals conflicting laws. Approved March 16, 1869.

Page 159

TITLE XVII. TAXES. Section. 1. General assessment$500,000. 2. Specific and professional, c., taxes. 3. Tax on Railroad Companies. 4. Tax on Insurance and Express Companies, c. 5. Oath of tax-payersquestions, c. 6. U. S. currency basis of value of property. 7. Incomes not taxable. 8. Exemptions. 9. Professions exempt from county municipal tax. Section. 10. Bank stockhow taxed and given in. 11. Returnswhen to be received. 12. When Tax Collector must have done collecting. 13. Reduction of tax on circuses. 14. Collection of poll tax. 15. The blind not chargeable with poll tax. 16. Tax Collectors for 1868 must settlewhen. 17. Must remit to Comptroller Generalwhen. (No. 148.) An act to levy and collect a tax for the support of the government for the year 1869, and for other purposes. Section 1. Be it enacted by the General Assembly, c. , That his Excellency the Governor is hereby authorized and empowered, with the assistance of the Comptroller General, to proceed to assess and levy such a per centage on the taxable property as will produce, in the estimation of the Governor, the sum of five hundred thousand dollars, exclusive of specific taxes. Assessment $500,000. Sec. 2. Be it further enacted by the authority of the same , That in addition to the ad valorem tax on real and personal property, as required by the Constitution, and assessed in the preceding section, the following specific taxes shall be levied and collected: Specific taxes. 1. Upon every practitioner of law, physic and dentistry, ten dollars. On professions $10 2. Upon every daguerrean, ambrotype and photographic, and similar artists, fifteen dollars. Artists $15 3. Upon every person carrying on auctioneering, twenty-five dollars. Auctioneers $25. 4. Upon every keeper of a pool or a billiard table, kept for public play, twenty-five dollars for each table. Pool or billiards $25 a table, 5. Upon every keeper of a bagatelle table, for public play, twenty-five dollars for each table. Bagatelle tables $25 each. 6. Upon every keeper of a ten-pin alley, or alley of like kind, for public play, twenty dollars. Alleys $20. 7. Upon every keeper of any other table, stand or place, or any other game or play, with or without a name, unless for exercise or amusement, not prohibited by law, ten dollars. That all vendors of any patent medicine, liniment, or other article of like character, (except regular merchants and druggists,) shall be liable to a tax of $50 for each county in which they may peddle. Other places of gaming $10. Vendors of patent medicines $50 for each county.

Page 160

8. There shall be levied a specific tax, for educational purposes, of twenty cents per gallon on every gallon of brandy, gin, whisky or rum, whether foreign or domestic, which is sold by any person, in quantities less than thirty gallons, in this State, and the amount sold shall be given in under oath. Quarterly returns shall be made on the first days of April, July and October and January, in each year, by all persons within the county who sell liquors in quantities less than thirty gallons, of the amount sold the preceding quarter. Said returns shall be made to the Tax Collector of the county, who shall demand and collect the tax due when the return is made. It shall be the duty of the Tax Collector to require all persons selling said liquors to make their returns and pay the tax thereon; and if any person shall fail or refuse to make his return and pay said tax, he shall be assessed by the Collector a specific tax of one thousand dollars, and the Collector shall proceed to collect the same by execution, as in other cases of other taxes due and unpaidto go into effect from and after the first day of January, 1869. Whisky 20c per gallon, if am't sold is less than thirty gallons. Returns. If no returns, a specific tax of $1,000. 9. That each and every male inhabitant of this State, on the first day of April, between the ages of twenty-one and sixty, shall pay a tax of one dollar for educational purposes. Poll tax $1. 10. That all sleight-of-hand performers or magicians shall pay the sum of twenty-five dollars for each and every performance in each and every county when they exhibit, to the county Tax Collector. Magicians $25 for each performance. 11. That all circus companies shall pay one hundred dollars for each day they may exhibit in cities containing a population over ten thousand, and fifty dollars in all cities containing a population between five and ten thousand, and twenty-five dollars in all towns or other places with a population under five thousand. Circuses $100, $50, $25. 12. That all other shows or exhibitions, except for literary or charitable purposes, in this State, shall pay the sum of twenty-five dollars in each and every county where they may exhibit; Provided , That this shall not apply to histrionic, dramatic and other performances usual in theaters. Other shows $25. 13. On any person or company failing to or refusing to pay the tax on shows and exhibitions required by this act, it shall be the duty of the Tax Collector in each and every county, and he is hereby required, to issue an execution against said person or company so failing or refusing to pay said tax on shows and exhibitions, to be directed to and levied by any Sheriff or Constable of said county upon any and all of the property that may be found and belonging to said person or company; and all money so collected shall be paid into the treasury of the State for educational purposes. Executions ag'n'st defaulting showmen. Sec. 3. Be it further enacted, c. , That all railroad companies incorporated in this State shall pay an annual tax of one-half of one per cent. on their net earnings. On R. R. Companies. Sec. 4. All home and foreign insurance companies, doing business in this State, shall pay one per cent. on all premiums in money or otherwise received by them; Provided , That when a home insurance company pays its tax on its capital stock, it shall pay no tax

Page 161

on its premiums; and all agents of express companies from other States, doing business in this State, shall pay a tax of one per cent. on the gross amount of their receipts at their offices in this State, to be given in and paid as in succeeding sections; and that all domestic express companies and domestic insurance companies doing business in this State, pay an annual tax of one-half of one per cent. on their respective incomes; Provided , That the taxes assessed by the above sections on insurance companies are subject to modification by subsequent legislation of this General Assembly. On R. R. Companies. On Insurance Companies. On foreign express Companies On domestic Express and Insurance Companies. Sec. 5. That the oath to be administered to all persons making returns of their taxable property shall be in the words following. You do solemnly swear that you will true answers give to all lawful questions which I may put to you touching the return that you are about to make, and that you will make a true return of all your taxable property. So help you God. And it shall be the duty of the officer taking such return to inquire of each and every person taking said oath touching all of his taxable property, or his liability for specific taxes, as named in this act; and the Comptroller shall publish a list of all questions to be propounded to tax-payers. Oath of tax-payers. Questions for tax-payers. Sec. 6. That all taxes assessed under this act shall be collected in United States currency; and the value of the property on the first day of April next shall be the basis of the taxes. Currency and basis of taxes. Sec. 7. That there shall be no tax on income other than that provided by sections 3 and 4. Income not taxed. Sec. 8. That nothing in this act contained shall be so construed as to repeal or affect section 796 of the Revised Code of Georgia exempting certain property from taxation; Provided, however , That all plantation tools, and also all mechanical tools, over the value of three hundred dollars, shall be subject to taxation ad valorem . Exemptions. Sec. 9. That no assessment shall be made for county or city corporation purposes on the specific tax herein imposed on practitioners of law, physic and dentistry. No county or corporator tax on professions. Sec. 10. All shares in any National Bank in this State shall be given in by the individual or corporation owning the said shares, which shall be taxed as other property of this State of like character. Bank stockhow given in and taxed. Sec. 11. That the Comptroller General is authorized and empowered to order the Tax Receivers of this State to commence receiving the returns of taxable property immediately after the first of April for the year 1869. Returnswhen made. Sec. 12. That the Comptroller General is empowered and required to cause the taxes to be collected by the 15th of December next. Taxeswhen collected. Sec. 13. Repeals conflicting laws. Approved March 18, 1869.

Page 162

(No. 149.) An act to alter and amend so much of section of an act to levy and collect a tax for the political year 1868, as levies a tax of one hundred dollars on circuses. Section 1. Be it enacted by the General Assembly of Georgia , That from and immediately after the passage of this act, the above recited section of said act be so altered as to strike out from said section one hundred dollars, as the tax on circuses; and that said section be so amended as to insert in lieu thereof: That in all cities having a population of ten thousand and over, the tax be one hundred dollars; in cities having a population of five thousand and over, the tax shall be fifty dollars, and in towns having a population of less than five thousand, the tax shall be twenty-five dollars. Tax on circuses reduced. Sec. 2. Repeals conflicting laws. Approved February 26, 1869. (No. 150.) An act to provide more effectually for the collection of poll tax. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That the second section of the tax law of 1866 shall apply to the tax law of 1868 and 1869. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 151.) An act to exempt blind persons from paying poll tax. Section 1. Be it enacted, c. , That from and after the passage of this act, all persons blind, and not having in their own right taxable property not exceeding in value five hundred dollars, shall be exempt from the payment of poll tax. Blind persons not chargeable with poll tax. Sec. 2. Repeals conflicting laws. Approved March 16, 1869. (No. 152.) An act extending the time in which Tax Collectors shall make final settlements with the Comptroller General of the State of the taxes collected for the year eighteen hundred and sixty-eight. Whereas, Much delay has been caused in the assessments of taxes by the Tax Receivers of the State of Georgia, for the year eighteen hundred and sixty-eight, by reason of the failure of very many of those elected to that position at the general election in

Page 163

the month of April, eighteen hundred and sixty-eight, to give bond and security in terms of the law; Preamble. And Whereas, By reason of such delay in the assessment of said taxes, very many of the Tax Collectors of the State of Georwill be unable to consummate the collection of the taxes in their respective counties, before the first Monday in April, eighteen hundred and sixty-nine; Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Tax Collectors of the State be allowed until the first Monday in April, eighteen hundred and sixty-nine, in which to make final and complete settlements with the Comptroller General of the State, of the taxes assessed in their respective counties for the year eighteen hundred and sixty-eight. Settlement of Tax Collectors for 1868. Sec. 2. Be it further enacted by the authority aforesaid , That the Tax Collectors of the State shall transmit to the Comptroller General of the State all sums collected by them immediately after the collection thereof, when said sum so collected shall have reached the amount of five hundred dollars. Must remitwhen. Sec. 3. Repeals conflicting laws. Approved February 26, 1869. TITLE XVIII. TESTATORS. Section 1. Testators may give to executors nominated money or property as compensation. (No. 153.) An act to authorize testators in wills to give to executors named therein such sums of money or property, as they may wish, as compensation for services in the execution of the trust conferred, and for other purposes. Section 1. Be it enacted, c. , That testators making wills in this State shall have the power of giving and bequeathing to the persons nominated as executors, in their wills, such property or money as compensation for the services to be rendered by such executors in the execution of the trust imposed in them, as the testators may desire, and all such gifts and bequests shall take precedence of any other special gift or bequest made by said testators; Provided , Such gifts or bequests to executors shall not interfere with the rights of creditors of such testators. Testators may give executors money or property, as compensation. Sec. 2. Repeals conflicting laws. Approved March 16, 1869.

Page 165

PART II. LOCAL LAWS. Title ICOUNTY REGULATIONS. Title IIELECTIONSCity. Title IIIJURIESLocal Exemptions. Title IVRELIEF.

Page 167

TITLE I. COUNTY REGULATIONS. Section. 1. Tax to be levied in Stewart county. 2. Line of Carroll and Campbell changed. 3. Dr. Todd may erect dam in Harris county, c. 4. May remove obstructions from Chattahoochee RiverProviso. 5. Treasurers of White and Habersham may receive jury tickets, c. 6. Act of March 10, [Illegible Text] repealed as to Muscogee. 7. Revives former laws in said county. 8. Commissioners of Roads and Revenue in Harris county. 9. Vacancieshow filled. 10. How commissioned. 11. Qualifications of Commissioners. 12. Quorum. 13. Disqualification of Commissioners. 14. Jurisdiction of Board. 15. Board shall appoint Road Commissioners. 16. Shall hold twelve sessions a year. 17. Clerk electedduties and compensation. 18. Ordinary of Lowndes to issue scrip, c. 19. How such scrip signed. 20. Mayor and Aldermen of Bainbridge. 21. What they shall publish. 22. Extra taxhow levied. 23. Line of Henry and Butts counties changed. 24. Line of Taylor and Macon counties changed. 25. Line of Bartow and Gordon changed. 26. Serving subp[UNK]nas in Chatham Superior Court, c. 27. Reduction of official bonds in Irwin, c. 28. Office of Ordinary of Tatnallwhere kept. 29. Ordinary of Fulton may issue county bonds. 30. H. J. Lamar may make improvements on the Indian Reserve. 31. May use grounds, c., for thirty years. Section. 32. Lamar made agent for the State, c. 33. Ordinary of Thomas may levy extra tax. 34. Scriven county transferred to Eastern Circuit. 35. Repeals act in relation to county of Glynn. 36. Line of Irwin and Wilcox changed. 37. Tax Collector of Murray to receive jury tickets for tax. 38. Line between Carroll and Paulding changed. 39. Line of Stewart and Quitman changed. 40. Ordinary and Grand Jury of Glynn may levy extra tax. 41. Sale of certain products prohibited in certain counties after night. 42. Ordinary of Towns to levy tax to build a jail. 43. Line of Cherokee and Pickens changed. 44. Road tax to be levied in Burke. 45. General Overseerhow created. 46. Ordinary of Bibb order an election for Commissioners. 47. Duty of said Commissioners. 48. Survey of swamp. 49. County bonds to be issued. 50. Special tax to be levied. 51. Commissionersterm of office. 52. Acts of Ordinary revoked. 53. Line between Clay and Quitman changed. 54. Site of Camden removed. 55. When act takes effect. 56. Electors shall endorsewhat. 57. Voteshow counted. 58. In case of removalplace of business. 59. Proclamation by Ordinary, c. 60. Majority of votes determines the place. 61. Takes effectwhen. 62. County bonds in Bibb county. 63. Line of Stewart and Quitman counties changed.

Page 168

(No. 154.) An act to authorize and require the Ordinaries of the counties of Stewart and Webster to levy taxes for the payment of insolvent costs in criminal cases, upon recommendation of the grand jury. Section 1. Be it enacted, c. , That the Ordinary of each of the counties of Stewart and Webster is hereby authorize and required to levy such tax for the payment of insolvent costs in criminal cases as may be recommended by the grand jury of the county. Ordinaries to levy certain tax, c. Grand jury to recommend. Sec. 2. Repeals conflicting laws. Approved March 16, 1869. (No. 155.) An act to change the county line between the counties of Carroll and Campbell. Section 1. Be it enacted, c. , That the county line between the counties of Carroll and Campbell be so changed as to include in the county of Carroll lot of land No. (24) twenty-four, and the west half of lot No. (25) twenty-five, in the second district of (originally) Carroll county, and that the residences of R. T. McCurdy, W. H. Brown and J. L. Morona, which are now in Campbell, be added to and become a part of Carroll county. Line between the counties of Carroll and Campbell changed, c. Sec. 2. Repeals conflicting laws. This act becomes a law by the expiration of five days from its receipt by the Governor. (No. 156.) An act for the benefit of.Dr. John M. C. Todd, of Chambers county, Alabama, authorizing him to erect a dam over the Chattahoochee River, in Harris county, Georgia, and for other purposes. Section 1. Be it enacted, c. , That Dr. John M. C. Todd, of Chambers county, Alabama, be, and he is hereby, authorized to erect a dam, not exceeding in height three feet, on the Chattahoochee River, in Harris county, Georgia, near a point on said river called the Magnolia Ferry, about four miles south of West Point, Georgia, (said Dr. John M. C. Todd owning the lands above and below said point where said dam is proposed to be erected, on the Alabama side of said river,) and a certain Elisha Trammell owning the bed of said river Chattahoochee on the Georgia side, who assents to the same; Provided , Said dam shall not extend in length across said river more than three hundred yards from the western bank of said river in Chambers county, Alabama. Dr. J. M. C. Todd may erect a dam, c.hight of. When. Sec. 2. And be it further enacted , That said Dr. John M. C. Todd, of said county of Chambers, and State of Alabama, be, and he is

Page 169

hereby, authorized to remove all the drift, logs, rock and other impediments now in the old Indian Ford on the Chattahoochee River, in Harris county, Georgia, for the safe transportation of man, horse and vehicles across said river; said Indian Ford being about two hundred yards south of the Magnolia Ferry; Provided , That the said Dr. John M. C. Todd makes the same accessible to all persons who may desire to cross the same, to do so free of charge, after said obstructions are removed. May remove obstructions, c. Proviso. Sec. 3. Repeals conflicting laws. Approved March 19, 1869. (No. 157.) An act to authorize the Treasurers of White and Habersham counties to receive certificates issued to jurors for services rendered in the Courts of said counties. Section 1. Be it enacted, c. , That from and after the passage of this act, the Treasurers of White and Habersham counties be authorized and required to receive certificates issued to jurors for services rendered in the Courts of said counties, at their full value for any and all dues to said counties. Treasurers of White and Habersham to receive jury tickets, c. Sec. 2. Repeals conflicting laws. This act becomes a law by the expiration of five days from its receipt by the Governor. (No. 158.) An act to repeal an act to provide for the election of a Superintendent of Public Roads and Bridges, so far as relates to the county of Muscogee, approved March 10, 1866. Section 1. Be it enacted, c. , That the law passed by the General Assembly, and approved March 10, 1866, providing for the election of Superintendent of Public Roads and Bridges, so far as it relates to the county of Muscogee, be, and the same is hereby, repealed. Act of March 10, 1860, repealed as to county of Muscogee. Sec. 2. That from and after the passage of this act, the laws heretofore in force in relation to the appointment of Road Commissioners be, and the same are hereby, declared in force, so far as it relates to the county of Muscogee. Former laws reviv'd in said county. Sec. 3. Repeals conflicting laws. This act becomes a law by the expiration of five days from its receipt by the Governor.

Page 170

(No. 159.) An act to creat a Board of Commissioners of Roads and Revenue in the county of Harris. Section 1. Be it enacted , That from and immediately after the passage of this act, there shall be established in the county of Harris, in this State, a Board of Commissioners of Road and Revenue, to consist of three persons, to be elected by the voters of the county and commissioned by the Governor. The first Board of Commissioners shall be appointed by the Judge of the Superior Court who presides in said county, with the concurrence of the Ordinary, and shall hold their office until the next regular election for county officers, at which time an election shall be held, which second Board, and all succeeding Boards, shall hold their office for four years, unless sooner removed, in the manner prescribed by the Constitution of this State. Commissioners of Road and Revenue in Harris co. 1st Boardhow appointed term of office. Succeeding Boardterm of office. Sec. 2. Be it further enacted , That any vacancy which may occur in the Board established by this act, any two members of said Board, and one, if only one in the county qualified, and if not one, then the Ordinary of the county, shall order an election, as prescribed in the same case of vacancy in the Clerkship of the Superior Court. Vacancieshow filled. Sec. 3. Be it further enacted , That the persons elected to fill the vacancy are commissioned for the unexpired terms of the outgoing Commissioners, and hold their office accordingly. How commissioned. Sec. 4. Be it further enacted , That no person is eligible as Commissioner under this act unless he has been a resident citizen in the county at least one year next preceding his qualification. Before entering on the duties of his office, he shall take the oath required of all the civil officers of this State. Eligibility of Commissioners. Sec. 5. Be it further enacted , That it shall require two of said Commissioners to form a quorum for the transaction of business, and they must concur to pass any order or decree. Quorum. Sec. 6. Be it further enacted , That said Commissioners, while acting as such, are disqualified from holding any other county office, but they may be members of the General Assembly of the State of Georgia, or officers of the militia, and are exempt from militia and jury duty. Disqualification of Commissioners. Sec. 7. Be it further enacted , That said Board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matters, to wit: 1st. In binding and controlling all property of the county, as they may deem expedient, according to law. 2d. In levying a general tax for general, and a special tax for particular, county purposes, according to the provisions of the Code and the laws of Georgia. 3d. In establishing, altering and abolishing all roads, bridges and ferries, in conformity to law. 4th. In establishing and changing election precincts and militia districts. 5th. In examining, settling and allowing all claims against the county. 6th. In examining and auditing the accounts of all officers having the care, management, keeping, collecting

Page 171

and disbursement of money belonging to the county, or appropriated for its use and benefit, and in bringing them to a settlement. 7th. In making such rules and regulations for support of the poor of the county, for the promotion of health, as are granted by law or not inconsistent therewith. 8th. In regulating peddling, and fixing the cost of license therefor. Jurisdiction of B'rd Sec. 8. Be it further enacted , That said Board of Commissioners shall have the same powers in appointing Road Commissioners and enforcing the road laws as Justices of the Inferior Court had by the Code of this State prior to the ratification of the late State Constitution, and shall exercise such other powers as are granted by the Code of this State to said Justices, or as are indispensable to their jurisdiction, and shall have no jurisdiction save and except such as pertain to county matters. Shall appoint Road Commissioners, c. Restriction. Sec. 9. Be it further enacted , That they shall hold twelve regular sessions annuallyone session on the first Tuesday in each and every month; Provided, nevertheless , A majority of said Board may convene the same in extraordinary session whenever in their judgment it may be necessary. Shall hold 12 sessions a year, c. Sec. 10. Be it further enacted , That said Board may elect a Clerk, whose duties shall be defined by said Board, with such compensation, to be paid out of the county treasury, as they may see proper to give him, said compensation, however, not to exceed three hundred dollars per annum. Clerk elected, duties, compensation. Sec. 11. Repeals conflicting laws. Approved March 17, 1869. (No. 160.) An act to authorize the Ordinary of Lowndes county to issue scrip for the purpose of raising funds to build a court-house. Section 1. The General Assembly of the State of Georgia do enact , That the Ordinary of Lowndes county shall have power and authority to issue scrip to the amount of ten thousand dollars, redeemable in one, two and three years, one third of the original sum at the expiration of each year, for the purpose of building a court-house in said county. Ord'y of Lowndes county to issue scrip, c.when redeemable. Sec. 2. The scrip authorized by this act shall be signed by the Ordinary of said county, in his official capacity, and countersigned by the Treasurer. Scriphow signed. Sec. 3. Repeals conflicting laws. Approved March 16, 1869.

Page 172

(No. 161.) An act to require the Mayor and Aldermen of the city of Bainbridge to assess the value of the taxable property of said city, and for other purposes herein named. Section 1. Be it enacted, c. , That from and after the passage of this act, it shall be the duty of the Mayor and Aldermen of the city of Bainbridge to assess the value of all property in said city subject to taxation, and no tax shall hereafter be levied by them upon any property, except its valuation is first assessed by them. Duties of Mayor and Aldermen of Bainbridge. Sec. 2. That the said Mayor and Aldermen shall have published, between the first and tenth days of April, 1869, and between the first and tenth days of every July, October, January and April afterwards, in one newspaper of said city, an account of all moneys received and paid out, showing from what source each amount has been received and to whom each amount has been paid. What said Mayor and Aldermen shall publish. Sec. 3. That no extra tax shall be levied by said Mayor and Aldermen, for any purpose, upon any real or personal property, unless the same be levied in the same proportion upon all professions, trades and business occupations subjected by them to taxation. Extra taxhow to be levied. Sec. 4. Repeals conflicting laws. Approved March 10, 1869. (No. 162.) An act to change the county line between the counties of Henry and Butts. Section 1. Be it enacted, c. , That from and after the passage of this act, the line between the counties of Henry and Butts be so changed as to include the lands and residence of Mrs. Nancy James in the county of Henry. Line between Henry and Butts changed. Sec. 2. Repeals conflicting laws. Approved March 17, 1869. (No. 163.) An act to change the line between the counties of Taylor and Macon. Section 1. Be it enacted , That from and after the passage of this act, the line between the counties of Taylor and Macon shall be so changed as to include the lots of land numbers 235, 236, 237 and 238 in the first district, and numbers 192 and 193 in the thirteenth district of originally Muscogee now Macon county, be, and the same are hereby, changed from the county of Macon, and added or annexed to the county of Taylor. Line betwe'n Taylor and Macon counties changed. Sec. 2. Repeals conflicting laws. This act takes effect as law by the expiration of five days from its receipt by the Governor.

Page 173

(No. 164.) An act to change the line between the counties of Bartow and Gordon. Section 1. Be it enacted, c. , That from and after the passage of this act, the line dividing the counties of Bartow and Gordon shall be, and the same is hereby, altered and changed, so as to include lot of land one hundred and eleven (111) in the fifteenth district and third section of Bartow county, in the county of Gordon. Line between Bartow and Gordon changed. Sec. 2. Repeals conflicting laws. Approved March 17, 1869. (No. 165.) An act to regulate the serving of subp[UNK]nas on witnesses in any case in the Superior Court of Chatham county and in the City Court of Savannah. Section 1. Be it enacted by the General Assembly of Georgia , That any person residing within the extended corporate limits of the city of Savannah, who shall hereafter be served with a subp[UNK]na, at any time during the term, to appear as a witness in any cause now or hereafter to be pending in the Superior Court of Chatham county, or in the City Court of Savannah, for the space of two days before the day named in the subp[UNK]na for his or her appearance, shall be required to appear on the day fixed, and any person thus served, who shall refuse or neglect to appear at the day and time fixed in such subp[UNK]na, shall be subject to all the penalties and liabilities now prescribed by law for witnesses served five days before term. Time for serving subp[UNK]nas in Chatham Sup. Court, and City Court of Savannah. Disregarding such service. Penalty. Sec. 2. Repeals conflicting laws. Approved February 10, 1869. (No. 166.) An act to reduce the amount of the official bonds of the Sheriffs of Irwin and Habersham counties. Section 1. Be it enacted, c. , That from and after the passage of this act, the official bonds of the Sheriffs of the counties of Irwin and Habersham, and their successors, shall be in the amount of five thousand dollars. Sheriffs' bonds in Irwin and Habersham. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 174

(No. 167.) An act to compel the Ordinary of Tatnall county to keep his office in the town of Reidsville, in Tatnall county. Section 1. Be it enacted, c. , That from and after the passage of this act, the Ordinary of Tatnall county shall be compelled to keep his office in the town of Reidsville. Office of Ordinary of Tatnallwhere kept Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 168.) An act to authorize the Ordinary of Fulton county to issue bonds to raise money to meet outstanding bonds issued by the Inferior Court of said county in 1865 and 1866, which fall due in April and May , 1869. Whereas, During the years 1865 and 1866, the Justices of the Inferior Court of Fulton county issued, in accordance with law, bonds of said county, which said bonds, with their coupons yet unpaid, amount to about twenty-two thousand eight hundred dollars ($22,800,) and fall due in April and May, 1869; and whereas, no provision was made by the said Inferior Court to meet said bonds when they become due; and whereas, the current expenses of the said county for the year 1868 have been so heavy that it would be onerous upon the people of said county, if a sufficient tax was levied to pay both the outstanding checks and said bonds; therefore, Preamble. Section 1. The General Assembly of the State of Georgia do enact , That the said Ordinary of the county of Fulton is hereby authorized, for the purpose of meeting said outstanding bonds, to issue and sell new bonds of said county of Fulton to the amount of twenty-two thousand dollars, ($22,000,) to be signed by said Ordinary and countersigned by the Treasurer of said county, and to bear such rate of interest as said Ordinary may deem best; Provided , That said bonds shall not run longer than five years, and the faith and credit of said county of Fulton is hereby pledged for the payment of said bonds. Ordinary of Fulton may issue bonds. Amount ofhow signed. Interest. Proviso. Sec. 2. Repeals conflicting laws. Approved March 6, 1869. (No. 169.) An act to authorize improvements to be made on the Reserve at the Indian Spring, in the county of Butts, and to protect the same from trespass, and for other purposes therein mentioned. Whereas, Improvements have been made on the Indian Spring

Page 175

Reserve, adding to its appearance and convenience, by John G. Parke, at his own expense; and whereas, the General Assembly of the State of Georgia did, by an act, assented to December 30, 1847, grant certain privileges to the said John G. Parke for the purpose of enabling him to make other and additional improvements upon said Reserve, in the enjoyment of which privileges he was secured by said act for the term of thirty years; and whereas, said privileges for the unexpired portion of said term of thirty years have been purchased by Henry J. Lamar, who is desirous of making, under certain conditions, other and additional improvements upon said Reserve, for the purpose of adorning and rendering said grounds more useful, attractive and pleasant, and the said Spring a more agreeable watering place; Preamble. Section 1. Be it therefore enacted, c. , That the said Henry J. Lamar be, and he is hereby, authorized to construct and have made, at his own expense, any improvements, structures and enclosures he may desire, on the ten acres reserved and belonging to the State at and around the Indian Spring, in the county of Butts, and he is hereby authorized and empowered to plant such trees, shrubberry or growth, to make roads, promenades, walks, flower gardens, on such portions of said grounds as he may select as best adapted and calculated to be thus rendered more pleasant and useful; Provided , The free use of the water at said Spring by any person shall not be prevented, and roads or paths of ample width, admitting an easy approach to and from said Spring, shall at all times be kept open for public use; also, a sufficient place immediately around said Spring for the use and accommodation of visitors. H. J. Lamar authorized to make improvements on Indian Reserve. May plant trees, c. Proviso. Sec. 2. And it is hereby further enacted , That the said Henry J. Lamar, his heirs and representatives, shall have, and it is hereby granted, the right and privilege of using the grounds thereon that are or may be so improved and embellished by him or them for and during the term of thirty years, and of repairing, adding to and keeping in order any such improvements as he or they may during said term construct or have made thereon. May use grounds, c for 30 years, c. Sec. 3. And be it further enacted , That, for the purpose of protecting said Spring and Reserve from trespass by persons intruding thereon and destroying timbers, or otherwise, the said Henry J. Lamar be, and [is] hereby, appointed agent in behalf of the State to prevent the same; and that if he shall neglect or decline at any time properly to attend thereto, his Excellency the Governor, for the time being, shall appoint some other suitable person such agent, with authority to the full performance of such agency, any law to the contrary notwithstanding; Provided , That nothing in this act shall be so construed as to authorize the erection of any building as a hotel or similar building, to be let for rent; Provided, however , Nothing herein contained shall prevent the said Henry J. Lamar from building ice houses, summer houses, buildings for hobby horses, houses for plays or amusements, not forbidden by law, sheds for the accommodation and amusement of visitors,

Page 176

houses for bakery, ice cream, sweet meats, and a bridge or bridges across the streams adjacent to the Spring. Said Lamar made Agent for the State to prevent trespass, c Proviso. What buildings may, and may not be erected. Sec. 4. Repeals conflicting laws. Approved March 19, 1869. (No. 170.) An act to authorize the Ordinary of Thomas county to levy and collect an extra tax for county purposes. Section 1. Be it enacted, c. , That from and after the passage of this act, the Ordinary of Thomas county be authorized to levy and collect an extra tax sufficient for county purposes; Provided , Such amount is recommended by the grand jury. Ordinary of Thomas county may levy an extra tax. Sec. 2. Repeals conflicting laws. Approved March 16, 1869. (No. 171.) An act to transfer the county of Scriven from the Middle to the Eastern Judicial Circuit. Section 1. Be it enacted by the Senate and House of Representatives, and it is hereby enacted, c. , That the county of Scriven, of the Middle Judicial Circuit, from and immediately after the passage of this act, be, and the same is hereby, transferred from the Middle to the Eastern Judicial Circuit, and that the time of holding the Courts in said county shall be the same as now provided by the Revised Code of Georgia. Scriven county transfered to the Eastern Circuit. Sec. 2. Repeals conflicting laws. Approved March 10, 1869. (No. 172.) An act to repeal an act entitled an act to authorize the Board of Commissioners of Public Roads for the county of Glynn to appropriate hands to work on Honey Gall Creek; to establish a public landing at the bluff, and appoint Commissioners for the same. Section 1. Be it enacted, c. , That said act, assented to June 11th, 1825, be, and the same is hereby, repealed. (No. 173.) An act to change the line between the counties of Irwin and Wilcox so as to include the residence of David Troup. Whereas, There is a petition to this body from David Troup, of

Page 177

Wilcox county, who, being a liner, was attached to the county of Wilcox, from the county of Irwin, without his consent or knowledge, by the General Assembly of 1866; therefore Preamble. Section 1. Be it enacted, c. , That from and after the passage of this act, the line between the counties of Irwin and Wilcox shall be so changed as to include the residence and lands of David Troup, consisting of lots of land numbers 250 and 259, (4th) fourth district of originally Irwin, which now lies in the county of Wilcox, in the county of Irwin. Line between Irwin and Wilcox changed. Sec. 2. Repeals conflicting laws. This act becomes a law by reason of the expiration of five days from its receipt by the Governor. (No. 174.) An act to authorize the Tax Collector of Murray county to receive jury certificates in payment of county tax. Section 1. Be it enacted, c. , That from and after the passage of this act, the Tax Collector of Murray county be, and he is hereby, authorized and required to receive jury certificates hereafter to be issued in payment of county taxes. T. C. of Murray Co. to receive jury certificates in payment of taxes. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 175.) An act to change the county line between the counties of Carroll and Paulding, so as to add to Paulding county lots of land numbers 16, 17, 148, 149, 161 and 162, in the first district and third section, originally Cherokee county. Section 1. Be it enacted, c. , That from and after the passage of this act, the county line between the counties of Carroll and Paulding be so changed as to add to the county of Paulding lots of land numbers 16, 17, 148, 149, 161 and 162, of the first district and third section of originally Cherokee county. Line between Carroll and Paulding changed. Sec. 2. Repeals conflicting laws. Approved March 17, 1869. (No. 176.) An act to change the line between the counties of Stewart and Quitman. Section 1. Be it enacted, c. , That the line of Stewart and Quitman counties be so changed as to transfer lots of land numbers

Page 178

168, 30, 46, 61 and 96, of the twenty-first district of Stewart, to the twenty-first district of Quitman county. Line of Stewart and Quitman changed. Sec. 2. Repeals conflicting laws. Approved February 23, 1869. (No. 177.) An Act to authorize the Court of Ordinary of Glynn county to levy a tax on the State tax for county purposes. Section 1. Be it enacted, c. , That from and after the passage of this act, the Court of Ordinary of Glynn county shall be authorized, by and with the consent of two-thirds of the grand jury, to levy on the State tax of said county an additional tax of one hundred and fifty per cent., or so much thereof as they may deem necessary for county purposes. Ordinary and grand jury of Glynn county may levy a certain tax Sec. 2. Repeals conflicting laws. Approved March 11, 1869. (No. 178.) An act to prohibit and make penal the sale and purchase of agricultural products in the counties of Lowndes and Macon, after night, by and from tenants by the year, or hired laborers, without written permission from the owner of the land on which the same was raised, or his authorized agent. Section 1. Be it enacted , That if any person or persons of said counties shall knowingly purchase, after night, any agricultural products from any tenant or tenants by the year, or hired laborers, in said counties, without written permission from the owner of the land on which the same was raised, or his authorized agent, such purchaser or purchasers, as well as such tenants and laborers, shall be guilty of a misdemeanor, and, upon indictment and conviction thereof in the Superior Courts of said counties, shall be imprisoned in the common jail not more than six months, or fined not over two hundred dollars, in the discretion of the Court; and from one hour after sunset to one hour before sunrise shall be considered after night. Sale of agricultural products prohibited in certain counties after night. Violation a misdemeanorpenalty. Sec. 2. Repeals conflicting laws. Became a law (without the approval of the Executive) by lapse of time, March 4, 1869.

Page 179

(No. 179.) An act to authorize the Ordinary of Towns county to levy an extra tax in said county for the exclusive purpose of building a jail, the jail house having been destroyed during the late war. Section 1. Be it enacted, c. , That the Ordinary of the county of Towns be, and he is hereby, authorized, on and immediately after the passage of this act, to levy an extra tax upon the taxable property of and in the county aforesaid, sufficient in his judgment to build a jail, which sum shall not exceed fifteen hundred dollars; Provided , Such amount be recommended by the grand jury. Ordinary of Towns authorized to levy tax to build jail. Proviso. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 180.) An act to change the line between the counties of Cherokee and Pickens. Section 1. Be it enacted, c. , That from and immediately after the passage of this act, the line between the counties of Cherokee and Pickens shall be changed so as to make lot of land No. 231, in the 4th district and 2d section of Cherokee county, a part of the county of Pickens, said lot No. 231 being the residence of Alfred Spence, and on which said Spence now lives. Line of Cherokee and Pickens changed. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 181.) An act to keep in repair the public roads of Burke county, and to levy an annual tax for that purpose. Section 1. Be it enacted, c. , That from and after the expiration of the year 1869, it shall be the duty of the grand jury of said county, at the Spring Term of the Superior Court of said county, or at the Fall Term, if no Spring Term shall be held, to pass an order directing the Ordinary of said county to levy such per centum on the State tax as in their judgment will be sufficient to raise an amount of money sufficient to employ an overseer and laborers to put in good order and condition, and keep them so annually, all the public roads in said county. Grand jury and Ordinary of Burke county to levy tax to keep public roads Sec. 2. And be it further enacted , That the grand jury of said county, at the said Spring Term, shall elect, and in case of their failure the Ordinary may appoint, a fit and proper person to take charge of said laborers, hire and superintend them under such regulations as the grand jury may prescribe. The said overseer shall hold his office for one year; the said grand jury shall prescribe

Page 180

the rate of compensation to the said overseer and laborers, and the mode and manner of payment. Grand jury to elect or Ordinary to appoint overseer, c Overseer's term of officecompensation. Sec. 3. Repeals conflicting laws. Approved March 18, 1869. (No. 182.) An act to authorize the election of ten Commissioners for the county of Bibb, defining their duty, and to empower the Ordinary to issue county bonds to drain the Macon Reserve. Section 1. Be it enacted, c. , That the Ordinary of the county of Bibb shall, within thirty days after the passage of this bill, order an election to be held at the usual place for holding elections, and under the law giving elections for county officers for the election of ten Commissioners for the county of Bibb, and the vote shall be returned to such Ordinary, whose duty it shall be to declare the persons having the highest number of votes elected, and shall make publication of the same. Ordinary of Bibb shall order an election for county Commissionersvote returned, c. Sec. 2. That it shall be the duty of such Commissioners to select a proper site for the location of the court-house and jail in said county, and to supervise the public works and improvements in said county, make contracts for erecting or repairing bridges, ferries, c., whose actions shall be reported to the Ordinary for his approval and confirmation. Duty of said Commissioners. Sec. 3. It is further enacted by the authority aforesaid , That such Commissioners shall cause to be made a survey of the swamp adjoining the city of Macon, and shall have the same thoroughly drained for the purpose of improving the health of the city, and shall have the right to make such contracts, subject to the approval of the Ordinary, for the purpose as may seem to them just and proper. Shall order survey of swamp near Macon, c. Sec. 4. It is further enacted , That the Ordinary of Bibb county shall have the power, and he is hereby authorized, to issue thirty thousand dollars of county bonds, bearing legal interest, with coupons attached, which bonds shall be for one hundred dollars each, and shall fall due at any period between five years after date and twenty years after date, each bond to have the signature of the Ordinary, and to have inserted in their face the purpose for which they are issued; and the property of the county is hereby pledged for their redemption. Ordinary may issue $30,000 of county bonds-wh'n duehow signed. Redemption. Sec. 5. The Ordinary shall have the power to levy a special tax upon the property subject to taxation in the county of Bibb for the purpose of paying the interest on said bonds and create a sinking fund for their redemption. Ordinary to levy a special tax, cforwh't purpose. Sec. 6. The office of the Commissioners elected under this act shall cease and determine as soon as said court-house and jail is [are] completed and the Macon Reserve drained, under the operation of this law. Term of office of such Commissioners. Sec. 7. All acts of the Ordinary of Bibb county relative to the

Page 181

location of the court-house is [are] hereby set aside and repealed, and all acts conflicting with this act are repealed. Acts of Ordinary revoked. Approved March 17, 1869. (No. 183.) An act to define the boundary line between the counties of Clay and Quitman. Whereas, From the indefinite language used in the act transferring a portion of the 8th district of Randolph to that of Clay county, that it is impossible to say where the line really is; and whereas, it is desirable that there should be no conflict of jurisdiction between said counties; therefore Preamble. Section 1. Be it enacted, c. , That from and after the passage of this act, the line between the 7th and 8th districts, from the Pataula Creek to the Chattahoochee River, shall be known and declared as the boundary line between the counties of Clay and Quitman. Line between Clay and Quitman changed. Sec. 2. Repeals conflicting laws. This act becomes a law by reason of the lapse of five days from its receipt by his Excellency the Governor. (No. 184.) An act to provide for the removal of the seat of justice of Camden county, Georgia, from the town of Jeffersonton to the town of St. Marys or Satilla Mills, in said county. Section 1. Be it enacted, c. , That from and after the passage of this act, as hereinafter provided, the seat of justice in the county of Camden shall be removed from the town of Jeffersonton, and shall be permanently fixed until otherwise provided by law at the town of St. Marys or Satilla Mills, in said county. Site of Camden co. removed to the town of St. Marys or Satilla. Sec. 2. That the foregoing section of this act shall take effect and be in force when and so soon as the same shall be adopted by a majority of all the electors of said Camden county, voting at the next general election after the passage thereof, as hereinafter provided. When this act goes into effect. Sec. 3. The electors of said Camden county, at the next general election after the passage of this act, shall endorse or otherwise place on their tickets the words, for removal to St. Marys, or for removal to Satilla Mills, or against removal, and if a majority of all the electors of said county, voting at said election, shall vote for removal, the first section of this act shall thereupon be considered and holden to be adopted by such majority; Provided , That all tickets, upon which the words for removal shall not be endorsed, or otherwise placed, shall be taken and considered as votes against removal, as fully as though the words against removal were endorsed or otherwise placed thereon. Electors shall endorsewhat Proviso.

Page 182

Sec. 4. That the Superintendent and Clerk of election in the several precincts in said county, at the said general election, shall cause all the votes that may be given for removal, or against removal, to be correctly counted in the same manner that other votes are by law required to be counted, in doing which all tickets upon which the words for removal shall not be endorsed or otherwise placed shall be counted as votes against removal as fully as though the words against removal were endorsed or otherwise placed thereon, and they shall enter and certify in the poll books respectively of said general election the number of votes so counted for removal, and the number so counted against removal, which poll books shall be returned and opened as required by the acts regulating said general election, and the opening of the returns thereof, and the officers opening the returns of said election shall, at the same time that they make, certify and sign the abstract required by law, also make, certify and sign a separate abstract of all the votes so returned for removal, or against removal, showing the number so given in each precinct, and footings or aggregate number so given in all the precincts, which abstract shall forthwith be deposited in the Clerk's office of said county, and shall forthwith be recorded by the Clerk in the journal of the Superior Court of said county, which record or duly certified copy thereof shall be taken and received as legal evidence for all purposes of the result of said voting. Votes to be correctly counted. c Shall enter and certify, c. Separate abstract to be signed, c.showing what. Abstract to be deposited inCl'k's office, c. Sec. 5. That in case a majority of electors in said county of Camden shall vote for removal as hereinbefore provided, the public business of the county shall continue to be transacted in the buildings now occupied for holding Courts, and for other county purposes, until such time as new buildings shall be erected or provided for such purpose, at the proposed new seat of justice, as provided by law. In case of removal, the public businesswhere transacted. Sec. 6. It shall be the duty of the Ordinary, or some other authorized person, as the case may be, to cause proclamation to be made to the qualified voters of said county in the same manner and at the same time as by law he is required to do in other elections, notifying said electors to vote as aforesaid upon the question by this act submitted to them; Provided, however , That the omission to publish such proclamation shall not be deemed to impair the validity of any returns that are made in pursuance of section four of this act, and in such case the Judges or Superintendents of elections shall nevertheless return statements of the votes for and against said removal as hereinbefore provided. Proclamation shall be made by the Ordinary. Proviso. Sec. 7. Should a majority of votes be cast for removal, according to the provisions of this act, the place having the largest number of votes cast for it shall be the county seat. Majority of votes determine place for site. Sec. 8. The sections of this act, subsequent to the first section, shall take effect and be in force on the passage of this bill. Sec. 9. Repeals conflicting laws. Approved March 18, 1869.

Page 183

(No. 185.) An act to authorize the Ordinary of Bibb county to issue bonds to raise revenue for county purposes. Section 1. Be it enacted, c. , That from and after the passage of this act, the Ordinary of Bibb County is hereby authorized and empowered to issue and negotiate county bonds to an amount not exceeding fifty thousand dollars, the proceeds of which, when sold, shall be applied to the payment of the debt due by said county, and to complete the erection of a court-house and county jail in said county, and for such other county purposes as the said Ordinary may deem just and proper; Provided , Said bonds shall not be issued for longer than twenty years, and shall bear only legal interest, and that the faith and credit of the county is hereby pledged for the payment of said bonds. Ordinary of Bibb co. may issue and negotiate bonds to pay county debt and complete court house and jail, c. Proviso. Sec. 2. Repeals conflicting laws. Approved March 17, 1869. (No. 186.) An act to change the line between the county of Quitman and the county of Stewart, so [Illegible Text] to add lots No. 30, 46 and 61 in the 21 st district of Stewart county to the county of Quitman. Section 1. The General Assembly of the State of Georgia do enact , That lot of land No. thirty, forty-six and sixty-one, in the twenty-first district of Stewart county, be, and they are hereby, added to the county of Quitman. Line between Stewart a'd Quitman counties chang'd Sec. 2. Repeals conflicting laws. This act became a law on the 6th of October, 1868, by reason of the lapse of five days from its receipt by the Governor. The foregoing act did not come to my knowledge until since the publication of the law of 1868. Hence its insertion here. April 6, 1869. James M. Bishop, Compiler.

Page 184

TITLE II. ELECTIONSCITY. Section. 1. Section 1 of act of April 14, 1863, repealedamended. 2. Section 3 of said act repealed. 3. Election of city officers. Section. 4. Former registry to be openedkept open ten days. 5. Section 6 of said act amendedhow. (No. 187.) An act to amend an act entitled an act to define qualifications of voters at the elections to be held in the city of Columbus for Mayor and Aldermen, and other officers in said city whose election is given to said voters by law, and to provide for the registry of all persons entitled to vote at elections for city officers, c., assented to April 14, 1863, and also to provide for the holding of a special election in said city for the election of officers for the year 1869. Section 1. Be it enacted by the General Assembly of the State of Georgia , That so much of section 1 of the above recited act as prescribes a residence of twelve months in the State as a qualification for voters be, and the same is hereby, repealed, and said section is so amended as to read, and have resided in the State for six months, c. Sec. 1 of the act of April 14th, 1863, repealed. Amended. Sec. 2. Be it further enacted , That so much of section 3 of said act as prescribes that the applicant first paying to the Clerk or officer as aforesaid, for the benefit of the city treasury, the sum of one dollar, which shall be in lieu of poll tax, and no registry shall be made or certificate shall be issued until the same is paid, be, and the same is hereby, repealed. Sec. 3 of said act repealed. Sec. 3. Be it further enacted , That a special election shall be held in said city of Columbus on the first Saturday in April next, which election shall be in lieu of the annual election heretofore provided by law, to have been held on the second Saturday in December last, for the election of city officers for said city for the year 1869, and the persons elected at said special election shall hold their offices in the same manner, and their terms of office shall expire at the same time, as though they had been elected at said annual election. Special election shall be h'ld for election of city officers for 1869 Term of office. Sec. 4. Be it further enacted , That the registry list of persons registered to vote at the said election in December last shall be again opened for the registry of such persons as are by this act, and by the Constitution of this State, qualified to vote for city officers of said city; said list shall be kept open for ten days, and shall be closed five days previous to the time mentioned in section 3 of this act for holding said special election, and shall be published as required by law. Last registry to be opened. Kept open for 10 days, c.

Page 185

Sec. 5. Be it further enacted , That so much of section 6 of said act prescribing the oath to be administered by the managers to any person offering to vote, be so amended as to read: Have resided in this State for the last six months, within the corporate limits of this city for the last thirty days next preceding the election; and the temporary absence from home of the voter during either of the terms specified shall not be construed in a way to exclude such vote. Sec. 6 of said act amended how. Sec. 6. Repeals conflicting laws. This act became a law by reason of the lapse of five days from its receipt by the Governor. TITLE III. JURIESLOCAL EXEMPTIONS. Section. 1. Officers and members of certain fire companies relieved from militia duty. 2. Exempt from jury duty. 3. Does not apply to honorary members. Section. 4. Members of certain fire companies relieved from jury duty. 5. Evidence of membership. (No. 188.) An act to exempt certain persons from jury and militia duty in the city of Americus, Sumter county, Georgia. Section 1. Be it enacted, c. , That after the passage of this act, the officers and members of Wide-Awake Fire Company No. 1 (said Company having been incorporated under the laws of Georgia) shall be exempt from militia duty in this State, except in times of invasion, insurrection and alarm. Officers and members of certain Fire Company relieved from militia duty. Sec. 2. Be it further enacted , That the officers and members of said Company be, and they are hereby, exempt from jury duty in the said county of Sumter so long as they be and remain members of said Company, and it shall be the duty of the Secretary of said Company to furnish the Clerk of the Superior Court of Sumter county with a list of the active officers and members of said Company at the commencement of each term of the Superior Court of Sumter county. Exempt from jury duty. Duty of Secretary of said Co. Sec. 3. Be it further enacted , That the provisions of this act shall not apply to honorary members of said Company, and only to active members thereof. This act does not apply to honorary members. Sec. 4. Repeals conflicting laws. Approved February 9, 1869.

Page 186

(No. 189.) An act to exempt from jury duty certain members of the Germania Fire Company, the Metropolitan Fire Company and the Marshall Hose Company, of the city of Savannah, and the Rainbow Steam Fire Engin Company, of the city of Rome, Georgia. Section 1. Be it enacted, c. , That from and after the passage of this act, forty members of each of the above named fire companies of the cities of Savannah and Rome shall be exempt from service as jurors; Provided , Those exempt shall be active and not honorary members of said fire companies. 40 members each of certain Fire Companies relieved from jury duty. Sec. 2. Be it further enacted by the authority aforesaid , That the only evidence of membership and exemption from duty as aforesaid shall be a list of forty names of the said members of each company to be filed in the Clerk's office of the Superior Court of the counties of Chatham and Floyd during the first week of the session of each Superior Court. Evidence of membership, c. Sec. 3. Repeals conflicting laws. Approved February 12, 1869.

Page 187

TITLE IV. RELIEF. Section. 1. Election of James Buchanan, as Sheriff, legalized. 2. Governor to commission him as such. 3. W. J. Wilcox and W. R. Ivey may peddle without license. 4. W. B. Heptinstall relieved. 5. W. B. Heptinstall relieved. 6. Nancy Ingram relieved as security. 7. Isaiah Williams relieved as security. 8. Z. Stephenson, T. R. Lunden and others relieved. 9. Official acts of J. T. Harrison legalized. 10. Ledford Umphries may draw pictures, c. Section. 11. Poole, Hardin Ford relieved. 12. Wm. J. Brownelection and acts as Sheriff, legalized. 13. Thomas W. and Nancy E. Lee relieved. 14. W. R. Elder may peddle without a license. 15. R. L. J. Grant may peddle without a license. 16. T. B. Thompson relieved. 17. John V. Price and others relieved. 18. B. H. Mitchell may peddle without license. 19. J. W. Kemp and J. H. Hill relieved. 20. F. F. Tabor and L. J. Tabor relieved. (No. 190.) An act to legalize the election of James Buchanan, of the county of Randolph, as Sheriff of said county, and for other purposes. Whereas, An election was held in the county of Randolph, on the fifth day of January, 1869, for Sheriff for said county; and whereas, said election was held in good faith by the managers thereof; and whereas, James Buchanan received the highest number of votes for the office of Sheriff at said election; and whereas, the managers of said election undesignedly omitted some of the requirements of the law, in the returns which they made to the executive department of said election; Preamble. Section 1. Be it enacted, c. , That the election of James Buchanan, of the county of Randolph, as Sheriff thereof, on the fifth day of January, 1869, be, and the same is hereby, legalized. Election of Jas. Buchanan legalized. Sec. 2. Be it further enacted , That his Excellency the Governor of the State of Georgia be authorized to commission the said James Buchanan, as Sheriff of the county of Randolph, by virtue of said election, held on the fifth day of January, 1869. Governor authorized to commission said Buchanan. Sec. 3. Repeals conflicting laws. This act takes effect as law by reason of the lapse of five days from its receipt by his Excellency the Governor. (No. 191.) An act to allow William J. Wilcox, of the county of Coffee, and Willis R. Ivey, of the county of Habersham, to peddle, without paying license, in their respective counties. Section 1. Be it enacted , That from and after the passage of this

Page 188

act, William J. Wilcox, of the county of Coffee, and Willis R. Ivey, of the county of Habersham, be allowed to peddle, without paying license, in their respective counties; Provided , They do not peddle on spirituous liquors. W. J. Wilcox and W. R. Ivey may peddle without license. Sec. 2. Repeals conflicting laws. Approved March 18, 1869. (No. 192.) An act for the relief of William B. Heptinstall, of Chattooga county. Whereas, William B. Heptinstall, of Chattooga county, was married to Mary J. Heptinstall in the year 1864; and whereas, at the September term of the Superior Court, 1868, the said Mary J. Heptinstall obtained a total divorce without settling the rights and disabilities of said William B. Heptinstall; Preamble. Section 1. Be it enacted, c. , That from and after the passage of this act, William B. Heptinstall, of Chattooga county, be, and he is hereby, relieved, released and fully exonerated from all liabilities, pains and penalties by him incurred by reason of a divorce granted by the Superior Court of Chattooga county to Mary J. Heptinstall, his late wife, and that he be fully authorized to contract marriage and enter into the same as fully and legally as if he had never been married to the said Mary J. Heptinstall. W. B. Heptinstall relieved from penalties of divorce. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 193.) An act for the relief of William B. Heptinstall, of Chattooga county. Whereas, William B. Heptinstall, of Chattooga county, was married to Mary J. Heptinstall in the year 1864; and whereas, at the September term of 1868, of the Superior Court of said county, the said Mary J. Heptinstall obtained a total divorce without settling the rights and disabilities of the said William B. Heptinstall; Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this act, William B. Heptinstall, of Chattooga county, be, and he is hereby, relieved, released and fully exonerated from all liabilities, pains and penalties by him incurred by reason of a divorce granted by the Superior Court of Chattooga county to Mary J. Heptinstall, his late wife, and that he is fully authorized to contract marriage and enter into the same as fully and legally as if he had never been married to the said Mary J. Heptinstall. W. B. Heptinstall relieved from penalties of divorce. Sec. 2. Repeals conflicting laws. Approved March 18, 1869.

Page 189

(No. 194.) An act to relieve Mrs. Nancy Ingram, of the county of Union, from all liability from a recognizance signed by her, conditioned for the appearance of Pinckney Ingram at the next term of the Superior Court of said county of Union, to answer to a criminal charge. Whereas, Mrs. Nancy Ingram, of the county of Union, did, in the year 1867 or 1868, sign a certain recognizance, conditioned for the appearance of her son, Pinckney Ingram, at the next term thereafter of Union Superior Court to answer to a criminal charge; and whereas, said Pinckney Ingram did appear at the next term of said Court thereafter and announced himself ready for trial, and the State refused to try; and whereas, the said Pinckney, a short time thereafter, enlisted as a regular soldier in the service of the United States; and whereas, the said Pinckney was drowned soon after the period of his enlistment, some time in the month of March, 1868, then being in the State of Tennessee; therefore, Preamble. Section 1. The General Assembly do enact , That Mrs. Nancy Ingram, of the county of Union, be, and she is hereby, relieved from all liability upon the recognizance in the preamble to this act set forth, and the same shall not hereafter be declared forfeited, but shall be deemed and held a void bond. Nancy Ingram relieved as security. Sec. 2. Repeals conflicting laws. Approved March 16, 1869. (No. 195.) An act for the relief of Isaiah Williams, of the county of Dooly. Whereas, Isaiah Williams, of the county of Dooly did become the security of Eli Slade, ( alias Eli Sellers,) and Sampson Slade, ( alias Sampson Sellers,) for their appearance at a Committal Court, in said county, on a charge of an assault with intent to murder one Sam. Caldwell, and that said Slades ( alias Sellers) are gone to parts unknown; Preamble. Section 1. Be it enacted, c. , That said Isaiah Williams, security on the bond of Eli Slade ( alias Eli Sellers) and Sampson Slade, ( alias Sampson Sellers) be, and he is hereby, relieved and fully discharged from all liability on said bond, and that said bond, from the passage of this act, be declared null and void. Isaiah Williams relieved as security. Sec. 2. Repeals conflicting laws. Approved March 18, 1869.

Page 190

(No. 196.) An act for the relief of Zachariah Stephenson and others, securities on the Tax Collector's bond in Talbot county, so far as relates to their liability for taxes going to said county. Whereas, William H. Snellings, Tax Collector of said county of Talbot, was duly elected as such for the years 1866 and 1867, and entered into bond with Zachariah Stephenson, Thomas R. Lumsden, Robert A. Meazill, John M. Dozier and John F. Walker, securities; and whereas, said Snellings entrusted the duties of his office to various persons, and has been unable to realize a large amount of the taxes charged in said Digest from various causes; and whereas, said securities are utterly unable to pay the same, said securities being possessed of a small property, with the exception of said Stephenson, who is unable to discharge said liability; and whereas, it is the wish of the largest tax-payers in said county that said securities be relieved from their said liability, so far as relates to the county tax; Preamble. Section 1. Be it therefore enacted, c. , That said Zachariah Stephenson, Thomas R. Lumsden, Robert A. Meazill, John W. Dozier, junior, and John F. Walker be, and they are hereby, relieved from all liability incurred by reason of their becoming securities on the bond given for the collection of the county tax by William H. Snellings, Tax Collector of Talbot county, in this State, for the years 1866 and 1867. Z. Stephenson, J. R. Lumsden and others, relieved as securities. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 197.) An act to legalize all the official acts of Joseph T. Harrison, late Deputy Clerk of the Superior Court of Jackson county. Whereas, Some doubts are expressed as to the legality of the official acts of Joseph T. Harrison, late Deputy Clerk of the Superior Court of Jackson county, because of the absence of his principal for a portion of the time that he discharged the duties of the office, and to relieve all persons interested from doubt on the subject; Preamble. Section 1. The General Assembly of the State of Georgia do enact , That all the acts and transactions of the said Harrison, as Deputy Clerk as aforesaid, done or performed in said office, in pursuance of law, be, and the same are, legalized and made valid. Official acts of J. T. Harrison legalized. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 191

(No. 198.) An act to authorize Ledford Umphries, a maimed soldier of the county of Newton, to draw pictures in said county free of tax or license. Section 1. Be it enacted, c. , That from and after the passage of this act, Ledford Umphries, a maimed soldier of Newton county, be allowed to draw pictures in said county and exempted from tax or license. Ledford Umphries may draw pictures without licenses. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 199.) An act for the relief of B. G. Poole, M. A. Hardin and F. M. Ford, of the county of Bartow. Whereas, B. G. Poole, M. A. Hardin and F. M. Ford, of the county of Bartow, did become the securities of Daniel T. Griffin, for his appearance at the Superior Court of Bartow county, on the charge of assault with intent to kill, and the said Griffin did punctually attend several sessions of the Court, but has since gone to parts unknown, and is believed to be dead; therefore, Preamble. Section 1. Be it enacted, c. , That B. G. Poole, M. A. Hardin and F. M. Ford, securities on the bond of Daniel S. Griffin, be, and they are, released and fully discharged from all liabilities on said bond; Provided , They pay all costs that have accrued in said case. This act to take effect from and after its passage. Messrs. Poole, Hardin and Ford relieved. Sec. 2. Repeals conflicting laws. Approved March 17, 1869. (No. 200.) An act legalizing the election of William J. Brown as Sheriff of Quitman county. Section 1. Be it enacted, c. , That the election of William J. Brown, as Sheriff of Quitman county, and his official action as such, be legalized. Sec. 2. Repeals conflicting laws. Approved March 17, 1869. (No. 201.) An act for the relief of Thomas W. Lee and Nancy E. Lee, and for other purposes therein named. Section 1. Be it enacted , That Thomas W. Lee and Nancy E. Lee, of Sumter county, be relieved of all the pains and penalties

Page 192

of the said Nancy's former marriage with Mathew Bass, and that the marriage of the said Thomas W. and Nancy E. be, and is hereby, made legal for all purposes whatever, and that their offspring be legitimate the same as if born in lawful wedlock. Thos. W. and Nancy E. Lee relieved. Marriage legalized. Sec. 2. Repeals conflicting laws. Approved March 19, 1869. (No. 202.) An act to authorize W. R. Elder, of the county of Campbell, to peddle without a license. Section 1. Be it enacted, c. , That W. R. Elder, a blind man of the county of Campbell, be, and he is hereby, authorized to peddle in this State without a license. W. R. Elder may peddle without licenses Sec. 2. Repeals conflicting laws. Approved March 16, 1869. (No. 203.) An act to enable Robert L. J. Grant, of the county of Fulton, to peddle in this State without license. Section 1. Be it enacted, c. , That from and after the passage of this act, Robert L. J. Grant, of the county of Fulton, a maimed and crippled person, and unable to earn a living by active manual labor, be authorized to peddle anywhere in this State without the license usually required by law in case of peddlers. R. L. J. Grant may peddle without licenses. Sec. 2. Repeals conflicting laws. Approved March 16, 1869. (No. 204.) An act to allow T. B. Thompson, of Clayton county to peddle in this State without license. Whereas, T. B. Thompson, of the county of Clayton, is so disabled as to incapacitate him for manual labor or usual mercantile business; therefore, Preamble. Section 1. Be it enacted , That T. B. Thompson, of the county of Clayton, be allowed to peddle in this State without license. T. B. Thompson relieved. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 193

(No. 205.) An act for the relief of John V. Price, William Pilcher and Robert C. Black, as securities on the bond of Samuel Dawson, deceased, late Sheriff of Sumter county. Section 1. Be it enacted, c. , That John V. Price, William Pilcher and Robert C. Black, securities on the Sheriff's bond of Samuel Dawson, late Sheriff of Sumter county, be, and they are hereby, relieved from all and all manner of liability as security on said bond. Price, Pilcher and Black relieved. Sec. 2. Repeals conflicting laws. Approved March 17, 1869. (No. 206.) An act to authorize Battie H. Mitchell to peddle in Coweta county without license. Section 1. Be it enacted, c. , That Battie H. Mitchell, of the county of Coweta, be, and he is hereby, authorized to peddle in said county of Coweta, for the space of twelve months from the first of April, without license; Provided , He does not peddle on spirituous liquors. B. H. Mitchell may peddle without licenses. Sec. 2. Repeals conflicting laws. Approved March 20, 1869. (No. 207.) An act for the relief of James W. Kemp and James H. Hill, securities on the penal bond of John Hill, a negro, given for the appearance of said negro at the Spring Term of Sumter Superior Court under an indictment for perjury. Section 1. Be it enacted, c. , That James W. Kemp and James H. Hill be, and are hereby, released from all liability on a certain penal bond given for the appearance of John Hill to answer an indictment against him found at the Fall Term of Sumter Superior Court, 1866, and that the judgment founded on said bond be forever null and void; Provided , Said securities deliver, or cause to be delivered, the person of said John Hill to the Sheriff of Sumter county on or before the session of the next Superior Court in said Sumter county. J. W. Kemp and J. H. Hill relieved. Judgment void. Proviso. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 194

(No. 208.) An act for the relief of Fairman F. Tabor and his wife, Louisa Jane Tabor, formerly Louisa Jane Patch. Whereas, A Mrs. Adaline P. P. Tabor, in the earlier part of the year 1862, left her home and abandoned her husband, Fairman F. Tabor, and after being separated for nearly two years, (said Fairman F. Tabor being in the South, and said Adaline P. P. Tabor being in the North,) the sister of said Adaline P. P. Tabor, by letter from Providence, Rhode Island, having reported to said Fairman F. Tabor that the said Adaline P. P. Tabor had departed this life at said place on the 24th day of September, in the year 1863; and whereas, the said Fairman F. Tabor, acting upon said information as to the death of said Adaline P. P. Tabor, did, on the 12th day July, 1864, intermarry with Miss Louisa Jane Patch, who have, ever since, lived together as husband and wife, and have had born to them three children; and it being recently ascertained that said Adaline P. P. Tabor is still alive; therefore, Preamble. Section 1. Be it enacted, c. , That the said Fairman F. Tabor and his present wife, Louisa Jane Tabor, formerly Louisa Jane Patch, be, and they are hereby, saved and relieved from any and all pains and penalties they or either of them have incurred by reason of their said intermarriage with each other. F. F. Tabor and L. J. Tabor relieved. Sec. 2. Repeals conflicting laws. Approved March 19, 1869.

Page 195

RESOLUTIONS ADOPTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA, During a Session of the General Assembly, held in the city of Atlanta, in January, February and March, 1869.

Page 197

RESOLUTIONS. Number. 1. State Treasurer to advance to officers and members of the General Assembly. 2. Advance to State Printer. 3. Report of Committee on Macon Brunswick Railroad. 4. Committee on contract for capitol building. 5. Asking the Governor to return a certain act. 6. To investigate claims of Brunswick Albany Railroad. 7. Memorial of Mrs. Mitchellreferred to committee. 8. Advance to Mr. J. W. Burke, former State Printer. 9. Treasurer to pay officers and members 75 per cent. of demands. 10. Investigation of expenditures of the public funds. 11. Explanatory of the true intent of a certain act. 12. Authorizing a settlement with John Jones, former Treasurer. 13. To investigate the claims of G. H. Penfield, Agent. Number. 14. Governor to accept charter of The Planters' Bank, c. 15. Advance pay to State Printer. 16. Salaries of Secretary of Senate and Clerk of Househow drawn. 17. Refunding over-paid taxes to J. F. Strickland. 18. Authorizing the purchase of General Lawspresent session. 19. Comptroller General's per centum on Convention tax. 20. Extending collecting of taxes of 1868 until 1st March. 21. Ordering balance Convention tax collected. 22. Commissioners for purchase of Rome Railroad. 23. Committee to visit rumored Ku Klux outrages. 24. To distribute equally labors of Judges Superior Courts. 25. Committee on Western Atlantic Railroad. (No. 1.) Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly convened , That the Treasurer be, and he is hereby, authorized to advance to each member and officer of this Assembly the sum of one hundred dollars. $100 advanced members and officers. Approved January 25, 1869. (No. 2.) Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly convened , That the State Treasurer be, and he is hereby, authorized and required to advance to the State Printer, Samuel Bard, Esq., the sum of five thousand dollars from any funds in his hands, not otherwise appropriated, to enable the State Printer to purchase stationery and other materials essential to the public printing. $5,000 advance to Sam. Bard, Esq., State Printer, for the p'rch'se of stationery, c. Approved January 25, 1869.

Page 198

(No. 3.) The joint special committee who were directed to take into consideration the condition of the State's endorsements on the bonds of the Macon Brunswick Railroad Company, and other matters connected with said railroad, as the interest of the State may require, beg leave to report that they have proceeded to inquire into the questions submitted to them by the joint resolution of the two houses, and have given the subject that investigation which its importance to the State demands. They caused the original books and records of the Company to be introduced before them, showing the use made of the bonds endorsed by the State, and also the contract made for the completion of the road with Messrs. Hall Miller and their associates. From a full and thorough examination of them and other evidence adduced, they are entirely satisfied that the Macon Brunswick Railroad Company, in the use of the endorsed bonds, have fully complied with the requirements of the act authorizing the endorsement, and carefully guarded the interest of the State; that the contract is most judicious and favorable, insuring the completion of the road to Brunswick during the present year, and the development of that section of the State to a great degree. They therefore recommended the adoption of the following resolution: Resolved , That, in the opinion of the General Assembly, the Macon Brunswick Railroad Company have fully complied with the requirements of the Legislature providing for the State's endorsement of the bonds of said Company, and that the Governor is requested to continue the endorsement thereon, as provided by said act. Macon Brunswick R. R. Co. have complied with requirements, c. Governor to continue endorsement. Walter T. McArthur, Chairman Senate Committee. O. G. Sparks, Chairman House Committee. Approved January 28, 1869. (No. 4.) Resolved , That a joint special committee of four (4) from the Senate and six (6) from the House of Representatives be appointed, as requested by the Mayor of the city of Atlanta in his petition, and as recommended by the Governor, to take into consideration the contract made by the State with the City Council of Atlanta in regard to the capitol building; but said committee shall not be regarded as arbitrators, and its findings shall not be an award, but its duty shall simply be to report facts, and recommend any action they may think proper. Joint Committee to c'nsid'r contract with City Council in regard to capitol building. Not regarded as arbitrators. Approved March 6, 1869.

Page 199

(No. 5.) Whereas, A bill to be entitled an act to incorporate the Commercial Banking Company, of the city of Griffin, passed the Senate on the 30th ultimo and the House on the 17th instant, which was not properly transcribed; be it therefore Preamble. Resolved by the Senate and House of Representatives , That the Governor be, and he is hereby, requested to return the bill to the Senate, that the same may be corrected. Governor requested to return certain bill. Approved February 26, 1869. (No. 6.) Resolved by the Senate and House of Representatives , That a joint committee, to consist of four from the Senate and seven from the House, be appointed, with power to send for persons and papers, whose duty it shall be to examine into the claims of the Brunswick Albany Railroad against the State of Georgia, and report upon the same at as early a day as practicable; Provided , That if the labors of said committee extend beyond the term of the session, no per diem shall be allowed for such extra services. Joint Com. to examine claims of B. A. R. R. vs. the State [Illegible Text] Approved February 20, 1869. (No. 7.) Resolved by the Senate and House of Representatives of the State of Georgia , That the memorial of Mrs. Jane L. Mitchell, administratrix of Samuel Mitchell, be referred to a special committee of five from the Senate and nine from the House, and that said committee report by bill, resolution or otherwise. Mrs. Jane Mitchell's memorial referred to committee. Approved February 8, 1869. (No. 8.) A resolution that the sum of twenty-five hundred dollars be advanced to J. W. Burke, State Printer, for the year 1868. Be it resolved by the Senate and House of Representatives , That the sum of twenty-five hundred dollars ($2,500) be advanced to J. W. Burke, State Printer, for the year 1868, and that the Governor be, and he is hereby, authorized to draw his warrant for the same, to be paid out of any money in the treasury not otherwise appropriated. $2,500 advanced to Mr. Burke, State Printer. Approved February 5, 1869. (No. 9.) Resolved , That the State Treasurer be, and he is hereby, authorized

Page 200

and required to pay the members and officers of this General Assembly three-fourths of whatever may be due them, as they may demand the same from time to time, and as has been customary from time immemorial, taking their respective receipts therefor, that each may account for the same upon final settlement at the end of the session. Treasurer to pay officers and members [UNK] of their dues on demand-receipts for Approved February 3, 1869. (No. 10.) Resolved by the General Assembly of the State of Georgia , That a committee, composed of two members of the Senate and three members of the House of Representatives, be appointed, charged with the duty of inquiring whether, since the adjournment of the last session of the General Assembly, any original acts passed by the General Assembly have been taken from the office and care of the Secretary of State, and by whom taken, or by whose direction, and what disposition was made of the said acts; whether any money has been drawn from the treasury, except by appropriations made by law; if so, how the same was drawn, for whose benefit drawn, and the amount so drawn; whether any money has been drawn on Executive warrants for which there was no authority of law; how much so drawn, and for whose benefit drawn; whether any amounts have been drawn from the treasury to pay salaried officers of the State for services rendered in their offices more than the salaries fixed by law, and if so, the authority by which the same was drawn, and in whose favor they were drawn; whether any amounts have been drawn from the treasury under statements of incidental expenses, contingent expenses, extra services , stationery, and if so, the authority for such expenditures, and in whose favor such drafts were made. Joint Com. to ascertain whether any original acts had been taken from the proper office, c., and wheth'r money had been drawn, except by appropriation, c. Executive warrant. Salaried officers. Incidental expenses, extra services, c. 2. Resolved , That the committee appointed under the first resolution be directed to enter at once upon the duties specified; and in order to insure a full, faithful and satisfactory investigation of the same, the committee have power to send for persons and papers, and after such investigation report the facts to the General Assembly with recommendation of any legislation which may be necessary to insure a faithful execution of the Constitution and the laws and economy in the expenditures of the public money. Committee to enter upon their duties at once may send for persons and papers. Approved February 3, 1869. (No. 11.) Resolved by the General Assembly of Georgia , That the true intent and meaning of a bill to be entitled an act to loan the credit of the State to the Cartersville Van Wert Railroad Company, passed during the present session of the Legislature, is that the credit of the State shall be extended to that portion of the road only lying between Cartersville and Van Wert, and that the Governor

Page 201

is hereby restricted in the endorsement of the credit of the State to that portion only. Construction of a certain bill. Governor's restriction. Approved March 12, 1869. (No. 12.) Whereas, The former Treasurer has had no settlement with the present Treasurer, because of the unsettled condition of the country; be it therefore Preamble. Resolved by the Senate and House of Representatives , That the present Treasurer and Comptroller General, and the former Treasurer, Mr. Jones, proceed at once to settle according to section 89 of Irwin's Revised Code, without giving the ten days' notice, as required in said section. Treas. and Comp. Gen. to settle at once with former Treasurer. Approved March 19, 1869. (No. 13.) Whereas, Ex-Governor Joseph E. Brown, when Governor of this State, did, on the 14th day of December, 1860, enter into a contract with G. H. Penfield, agent for Sharpe's Rifle Manufacturing Company, at Hartford, Connecticut, for a large number of carbines at a cost of forty-nine thousand seven hundred and sixty-five dollars, ($49,765,) and at the time of delivery, as per contract, only twenty-four thousand seven hundred and sixty-five dollars ($24,765) was paid, leaving a balance of twenty-five thousand dollars, ($25,000,) and the said G. H. Penfield is desirous of having the matter settled; and whereas, there is a legal question involved in its payment; be it therefore Preamble. Resolved , That a committee of two (2) from the Senate and three from the House be appointed to investigate the matter and report at as early a day as possible. Committee of investigation. Approved January 29, 1869. (No. 14.) Whereas, A charter was granted by the Legislature of the State of Georgia to The Planters' Bank of the State of Georgia, on the 19th day of December, in the year 1810, and the same was extended on the 23d day of December, in the year 1836, and again extended on the 5th day of December, 1859, until the 1st day of January, 1881; and whereas, the said The Planters' Bank of the State of Georgia, did, on the day of July, 1866, by the authority of the stockholders of said incorporation, by deed surrender the said original charter, and all the extensions thereof; for good cause in said deed of surrender appearing; be it Preamble. Resolved by the General Assembly of the State of Georgia , That his Excellency the Governor of the State of Georgia be, and he is

Page 202

hereby, authorized, for and in behalf of the State of Georgia, to accept the surrender of the charter of the said The Planters' Bank of the State of Georgia, and the extensions thereof, and all the franchises granted by the State of Georgia to the said The Planters' Bank of the State of Georgia. Governor authorized to accept surrend'r of the charter of Planters' Bank. Approved March 18, 1869. (No. 15.) A resolution authorizing advance payment to State Printer. Resolved by the Senate and House of Representatives , That his Excellency the Governor be, and he is hereby, authorized at once to draw a warrant upon the Treasurer for the sum of five thousand dollars in favor of Samuel Bard, State Printer, as advance pay for the State printing for the year 1869. Advance to State Printer, Sam'l Bard. Approved March 6, 1869. (No. 16.) Resolved by the Senate and House of Representatives in General Assembly met , That A. E. Marshall, Secretary of the Senate, and M. A. Hardin, Clerk of the House of Representatives, be, and they are hereby, authorized to draw their salaries, for the session of 1869, upon the warrant of the President of the Senate and Speaker of the House of Representatives. Salaries of Secretary of Senate and Cl'k Househow dr'wn Approved March 19, 1869. (No. 17.) Whereas, J. F. Strickland, Tax Collector of Haralson county, did pay into the treasury, upon his settlement with the Comptroller General for the tax of 1866, seventy-four dollars and five cents, an over-payment of the tax due for that year, and is entitled to the same from the State Treasury; and whereas, the present Treasurer and Comptroller General entertained doubts as to their authority to audit and pay the same; Preamble. Resolved by the Senate and House of Representatives in General Assembly convened , That the Governor be, and he is hereby, authorized to draw his warrant on the Treasurer for the same, to be paid out of any money in the treasury not otherwise appropriated. Certain taxes to be returned to J. F. Strickland, T. C. Approved March 13, 1869. (No. 18.) Resolved , That when his Excellency the Governor shall be satisfied that Mr. Z. D. Harrison, or any other person who will do it for a less sum, has fulfilled his contract to furnish three thousand

Page 203

copies of the general laws enacted at the present session of the General Assembly, and has mailed, at his own expense, one copy of said pamphlet to every civil officer in the State, he, the Governor, is authorized to draw his warrant upon the Treasurer for the sum of fifteen hundred dollars, in favor of Mr. Z. D. Harrison, or any other person, for said service rendered, the same being at the rate of forty cents per copy. Mr. Harrison or another, c. May furnish pamphl't of public laws to civil officers c. Governor's warrant for $1,500. Approved March 19, 1869. (No. 19.) A resolution authorizing the Comptroller General to receive a certain per centum on the amount of Convention tax of 1868 collected by him. Whereas, It is the policy of the law to allow the Comptroller General a per centum of all arrearages of taxes collected by him; and whereas, the Convention tax is an extraordinary tax and legitimately belonging to the military authorities to collect; and whereas, the arrearages of the same, not collected by the provisional Comptroller General, are taxes within the spirit of the law, which should have been collected by the predecessor of the present Comptroller General; and whereas, the same have been, and are likely still to be, a source of much extra care and labor to collect them; therefore be it Preamble. Resolved by the General Assembly of the State of Georgia , That Madison Bell, the present Comptroller General, be, and he is hereby, authorized to receive from the treasury of the State five per centum on the amount of all Convention taxes already collected or to be collected by him, and that the Governor be, and he is hereby, authorized to draw his warrant on the Treasurer for five per centum of all money collected by him on said Convention tax. Comp. Gen. to receive cert'n per cent. Governor's warrant. Approved February 18, 1869. (No. 20.) Whereas, The time for the collection of taxes for the year 1868 will expire on the 1st day of February next; and whereas, the Tax Digests have but recently been furnished the several Collectors for this State; and whereas, the time for the collection of the same is inadequate; be it therefore Preamble. Resolved by the Senate and House of Representatives , That the time allowed the several Collectors be extended to the first of March next. Extension of time for Tax Collectors. Approved January , 1869.

Page 204

(No. 21.) Resolved , That the Comptroller General be at once directed and required to have the balance due on the Convention tax collected; and all power necessary to enforce the speedy collection of said tax is hereby given him. Convention tax to be collected at once. Approved February 18, 1869. (No. 22.) Resolved by the General Assembly of this State , That E. Hulbert, Campbell Wallace, Mark A. Cooper, John P. King and Alexander H. Stephens be, and they are hereby, constituted and appointed Commissioners with power to negotiate for, contract and purchase from the owners, the Rome Railroad, leading from Rome to Kingston, for and on behalf of the State of Georgia, at such price as, in their judgment, said property may be worth, and to provide for the extension of the same to the Alabama line; and the actings and doings of said Commissioners in the premises shall be good and binding when ratified by the General Assembly. Commissioners to purchase Rome R. R. leading from Rome to Kingston. May provide for the extension thereof. Act to be ratified by Legislature. Be it further resolved , That this resolution shall not be construed so as to authorize said Commissioners to consummate any trade; but that they shall be required to report, at the next session of the General Assembly, the terms of the trade and what action is necessary to be taken on the part of the State; and that said Commissioners shall be paid only actual expenses. To report to next session. Compensation. Approved March 18, 1869. (No. 23.) A resolution that a committee be appointed to visit sections where disorder is reported, and to report to the General Assembly what proceedings should be instituted. Whereas, Reports have been received to the effect that there exist in various localities in the State, and more especially in the counties of Taliaferro, Chatham, McIntosh, Pulaski and Warren, bodies of lawless and reckless men, roaming at night, visiting the homes of peaceable citizens, threatening the lives of both whites and blacks, searching cars for individuals supposed to be obnoxious to them, thus disturbing the peace and tranquillity of the community; and whereas, there is power in the civil authorities of the State sufficient, in the opinion of this General Assembly, to preserve order and protect individuals and property; be it therefore Preamble. Resolved by the Senate and House of Representatives , That a committee, consisting of three from the Senate and five from the House, be appointed to visit those sections where disorder is reported, and any others the committee may visit and examine, or send for persons and papers, if deemed necessary, and to investigate

Page 205

the facts in relation to these reported disturbances, and report to the General Assembly what proceedings should be instituted to suppress the same, if, in their judgment, it should be deemed necessary; and further Committee to visit sections of reported disorder, c Their report. Resolved , That should said committee find the reports of lawlessness to be true, they will report to this General Assembly why the power invested in the civil officers of those counties have not been exercised to suppress the same. If reports be trueCommittee's [Illegible Text]. Approved February 1, 1869. (No. 24.) Whereas, There are now introduced before this House various bills creating new Judicial Circuits in this State; and whereas, it is believed that if the business was properly distributed that there would be no necessity for the creation of new circuits; be it therefore Preamble. Resolved , That a committee of three be appointed by this House, and two by the Senate, to act as a joint committee, who shall inquire into the amount of business and extent of the labors of the several Judges of the Superior Courts in this State, and ascertain if the labor can be more equally distributed and the necessity for creating new circuits avoided. Judicial Districts equalized. That said committee have until the first day of the next session of the General Assembly to report, and no pay shall be drawn by said committee during vacation. Time allowed co report. Committee on the part of the Senate, Messrs. Candler and Lester. On the part of the House, Messrs. Bethune, McDougald and Shumate. Approved March 19, 1869. (No. 25.) Whereas, With a view to the future protection of the interest of the State in the Western Atlantic Railroad; be it Resolved by the Senate and House of Representatives in General Assembly convened , That Colonel E. Hulbert, Major Campbell Wallace and Major Mark A. Cooper be, and they are hereby, appointed Commissioners on the part of the State to investigate and report to this or the next General Assembly such measures as in their judgment will best subserve to protect and promote the future interest of the State in the operations and railroad connections of the Western Atlantic Railroad. Committee on W. A. R. R. Approved March 8, 1869.

Page 207

INDEX TO PUBLIC LAWS. A. ADMINISTRATORS Citation for dismission of 14 Sale of lands by 13 AGRICULTURE Inspector of Fertilizersfees of 5 ALABAMA CHATTANOOGA RAILROAD COMPANY State aid to 147 ALABAMA STEAMBOAT COMPANY Incorporated 66 ALBANYCITY OF Charter amended 71 AMERICUSCITY OF Charter amended 71 AMERICUS MANUFACTURING COMPANY Incorporated 105 ANGIER, N. L. Appropriation to 10 , 11 APPLING COUNTY Times of holding Superior Court inchanged 16 APPROPRIATIONS For salary of Governor 7 For salary of State House officers 7 For salaries of Secretaries Executive Department 7 For salary of Messenger Executive Department 7 For salary of State Librarian 7 For salary of Solictors General 7 For salary of Reporter Supreme Court 7 For salaries of Judges Supreme Court 7 For salaries of Judges Superior Court 7 Of contingent fund 7 Of printing fund 7 Of per diem and mileage of President of Senate and Speaker of House, 7 Of per diem and mileage of members 7 Of per diem of Secretary of Senate and Clerk of House 7 , 8 Of per diem of Journalizing Clerks 8 Of per diem of Assistant Secretary and Assistant Clerk 8 Of per diem of Enrolling and Engrossing Clerks 8 Of per diem of committee clerks 8 For Institution for Deaf and Dumb 9 For Principal Keeper of Penitentiary and Assistant Keeper 9 , 10 For Tanner, Overseer, c. 10 For payment of public debt 10 For contingent expenses of Legislature 10 To J. T. Taylor 10 For Clerk Supreme Court 10

Page 208

To repair books, c., in the Library 10 To pay indebtedness of Penitentiary 9 To N. L. Angier 10 , 11 To J. C. Hendricks 8 To L. Carrington 8 To J. G. W. Mills 8 To H. F. Merrill 8 To M. A. Hardin 8 To A. E. Marshall 8 To Academy for the Blind 9 For repairs of buildings 9 To Chaplain, Pages, c. 9 To Treasurer's Clerk, Comptroller General's Clerk 9 To Dred Burley and Charles Patterson 9 For support of Penitentiary 9 ATLANTA AGRICULTURAL IMPLEMENT MANUFACTURING CO. Incorporated 103 ATLANTA CANAL AND WATER COMPANY Incorporated 107 ATLANTA ACID AND FERTILIZING COMPANY Incorporated 110 ATLANTA MEDICAL COLLEGE Charter amended 52 ATLANTA WEST POINT RAILROAD COMPANY Certain act extended to 148 May subscribe for stock in Columbus West Point Railroad Company 152 ATTORNEYS AT LAW, c May make oathwhen and how 131 , 132 AUGUSTA HARTWELL RAILROAD COMPANY Incorporated 56 AUGUSTA LOUISVILLE RAILROAD COMPANY Incorporated 57 B. BAINBRIDGE, CUTHBERT COLUMBUS RAILROAD CO. Incorporated 59 BANKS COUNTY Criminal Court in 21 BERNE PLANTING, MANUFACTURING COMPANY Incorporated 113 BILLIARDS Minors not allowed to play 145 BLIND PERSONS Relieved of poll tax 162 BOWDONTOWN OF Incorporated 73 BRYAN COUNTY Times of holding Superior Courts inchanged 17 BRUNSWICK FLORIDA RAILROAD COMPANY Incorporated 58 BRUNSWICK ALBANY RAILROAD State aid to 149 BURLEY, DRED Appropriation 9

Page 209

C. CAMDEN COUNTY Times of holding Superior Courts inchanged 16 CAVE SPRINGTOWN OF Incorporated 75 CARRINGTON, L. Appropriation to 8 CERTIORARI From possessory warrants. 132 CENTRAL GEORGIA BANKING COMPANY Incorporated 28 CHARLOTTE SOUTH CAROLINA RAILROAD COMPANY May consolidate with C. A. R. R. Co 154 CHARLTON COUNTY Times of holding Superior Courts inchanged 16 CHEROKEE COUNTY Criminal Court in 21 Times of holding Superior Court inchanged 17 CHESTNUT TREES The cutting or felling ofmade penal 146 CIRCUSES Tax onreduced 162 CLAY COUNTY Times of holding Superior Court inchanged 17 CLERK SUPREME COURT Appropriation to 10 CLERKS Enrolling and Engrossing 8 CODEAMENDMENTS TO Section 86fiscal year 12 Section 813taxation 13 Section 2406executors de son tort 13 Section 2518administrators' sales 13 Section 3329service on railroad companies 14 Section 3565discharge of administrators 14 Section 4010distress warrants 14 COLUMBIA COUNTY Times of holding Superior Court inchanged 18 COCHRANTOWN OF Incorporated 75 COVINGTONCITY OF Charter amended 76 COLUMBUS HAMILTON RAILROAD COMPANY Charter amended 61 COLUMBUS WEST POINT RAILROAD Incorporated 62 COTTON STATES LIFE INSURANCE COMPANY Charter amended 41 COFFEE COUNTY Times of holding Superior Court inchanged 16 COMMERCIAL BANKING COMPANY Incorporated 31 COMPTROLLER GENERAL Appropriation to 7

Page 210

COURTS, SUPERIOR Times of holding changed in the counties of appling 16 Coffee 16 Ware 16 Clinch 16 Echols 16 Glynn 16 Wayne 16 Camden 16 Charlton 16 Pierce 16 Muscogee 16 , 17 Bryan 17 Cherokee 17 Clay 17 , 18 Columbia 18 Washington 18 Johnson 18 Emanuel 18 Morgan 18 Putnam 19 Towns 19 COMMISSIONERS OF IMMIGRATION Foreign and Domesticelection of 26 CONSTABLES Jurisdiction of extended 143 Election of 22 CONTINGENT FUND Appropriation of 7 COSTSINSOLVENT In Criminal Courts 21 CRIMINAL COURT Jurisdiction extended in certain counties 21 CUTHBERTCITY OF Lines changed 76 D. DALTON MORGANTOWN RAILROAD State aid to 154 , 155 DARIEN BANKING COMPANY 32 , 33 , 34 DAWSON COUNTY Criminal Court in 21 DEBTORS Relief ofamended 158 DEMURRERS, c. May be heard in vacation 136 DESOTO MANUFACTURING COMPANY 115 DISTRESS WARRANTS How issued, c. 14 , 15 DOOLY COUNTY Criminal Court in 21 DOOR-KEEPER Appropriation to 8 DRAYTONTOWN OF Incorporated 77

Page 211

E. ECHOLS COUNTY Times of holding Superior Court inchanged 16 EDUCATION Of maimed soldiersact repealed 22 ELECTIONS Sale of ardent spirits on days of prohibited 145 , 146 On days of to preserve order 23 Election of Justices of the Peace and Constables 22 EMANUEL COUNTY Times of holding Superior Courts inchanged 18 ETOWAH CANAL AND WATER WORKS COMPANY Incorporated 102 EXECUTIONS May be amended 137 How issued in certain cases 135 , 136 EXECUTORS May receive compensation, c. 163 De son tort liability of 13 F. FELONY Juries inhow obtained 141 FERTILIZERS Inspectedwherefees of Inspector 5 FINES AND FORFEITURES IN CRIMINAL COURTS 21 FORSYTHTOWN OF Charter amended 78 FORSYTH COUNTY Criminal Court in 21 FORT VALLEY LOAN TRUST COMPANY Charter amended 34 G. GARNISHMENT Return of garnishee, c. 136 How dissolved 138 GEORGIA RAILROAD AND BANKING COMPANY May aid M. A. R. R. Company 155 , 156 GEORGIA IMPORTING, MANUFACTURING GUANO COMPANY Incorporated 39 , 40 GEORGIA LIFE INSURANCE COMPANY Incorporated 41 , 42 , 43 GEORGIA LAND, EMIGRATION AND MANUFACTURING CO. Incorporated 116 GEORGIA WATER MILLS COMPANY Incorporated 116 , 117 , 118 GEORGIA REED AND FIBRE MANUFACTURING COMPANY Incorporated 118 , 119 GEORGIA MALE AND FEMALE MUTUAL LIFE INSURANCE CO. Incorporated 43 , 44 GEORGIA MUTUAL AID COMPANY Incorporated 44 , 45 , 46 GEORGIA BENEVOLENT MUTUAL LIFE INSURANCE CO. Incorporated 47 , 48 , 49

Page 212

GEORGIA METHODIST MUTUAL LIFE INSURANCE CO. Incorporated 49 , 50 GEORGIA SLATE AND MINING COMPANY Incorporated 53 , 54 GLYNN COUNTY Times of holding Superior Court inchanged 16 GOVERNOR Appropriation of salary 7 GREENE COUNTY Criminal Court in 21 GRIFFINCITY OF Charter amended 78 , 79 , 80 GUM SWAMP NAVIGATION COMPANY Incorporated 55 , 56 H. HALL COUNTY Criminal Court in 21 HARDIN, M. A. Appropriation to 8 HART COUNTY Criminal Court in 21 HARTWELLTOWN OF Incorporated 81 HENDRICKS, JOHN C. Appropriation to 8 HOMERSVILLE Incorporated 80 , 81 HOMESTEADAMENDED To prevent fraud in laying off 23 , 24 Proceeds and profits arising from 24 Ordinaries desiring to avail themselves of it 25 Children of deceased husband by former wife 25 I. IMMIGRATION Act to encourage 26 , 27 Commissioners to be elected 26 INCOMES Not taxable 161 INCORPORATIONS (Vide various names of.) INDEPENDENT TELEGRAPH COMPANY Incorporated 69 , 70 INSPECTORS OF FERTILIZERS Fees of 5 INSURANCE BUSINESS Act regulating 127 , 128 , 129 IRWIN COUNTY Criminal Court in 21 J. JACKSON COUNTY Criminal Court in 21 JOHNSON COUNTY Times of holding Superior Court inchanged 18

Page 213

JUDGMENTS Obtained in defunct courts 135 , 136 JUDGES Of Supreme Courtappropriation of salaries 7 Governor to procure decisions of 15 Of Superior Courtsappropriation of salaries 7 JUDICIARY Juries drawn for Clark Superior Court, c. 130 , 131 To provide for holding certain Courts, c. 130 , 131 Attorneys and Agents may make oathwhenhow 131 , 132 Possessory warrant certiorari 132 , 133 Limitationsstatute of 133 , 134 Making valid acts of Notaries Public 134 , 135 Laborers' and Mechanics' lien 135 Judgmentsfrom County and Inferior Courts 135 , 136 Demurrersheard, c., in vacation 136 Garnishmentlaw of amended 136 Certain parties exempt from jury duty 137 Fi. fas . may be amended 137 Liability of Sheriffs, c. 137 , 138 Acts of certain Justices of the Peace legalized 138 Garnishmenthow dissolved 138 Suits against Nashvilie Chattanooga Railroad Companyservice on 139 Jurorshow selected, c. 139 , 140 , 141 , 142 , 143 Jurisdiction of Constables in the State 143 JURORS Qualifications of 139 How, when and by whom drawn 140 , 141 oath ofcompensation of 142 K. KINGSTONTOWN OF Incorporated 81 , 82 , 83 L. LAFAYETTETOWN OF Charter amended 97 LAGRANGE Charter amended 97 , 98 LANDS Wildsale of by Tax Collector, void, c. 143 , 144 LIEN OF LABORERS AND MECHANICS How enforced 135 LIMITATIONS Statute of 133 , 134 LIQUORSINTOXICATING Sale of on days of election prohibited 145 , 146 LOAN AND BUILDING ASSOCIATIONS Tax on reduced 13 LOTTERIES Sale, c., of tickets prohibited 144 LUMPKINTOWN OF Incorporated 84 , 85 , 86 LUMPKIN COUNTY Criminal Court in 21

Page 214

LUNATIC ASYLUM Appropriation to 9 M. MACON BRUNSWICK RAILROAD May build branch road 156 , 157 May buy town commons, c. 8 MARSHALL, A. E. Appropriation to 8 MARTHASVILLE Incorporated 87 , 88 MACON WESTERN RAILROAD Charter amended 64 MAIMED SOLDIERS Education ofact repealed 22 Appropriation to pay tuition 11 MERRILL, H. F. Appropriation to 8 MESSENGER EXECUTIVE DEPARTMENT Appropriation to 7 MESSENGERS OF SENATE AND HOUSE Appropriations to 8 MILTON COUNTY Criminal Court in 21 MILLS, J. G. W. Appropriation to 8 MILL BUILDING ESTABLISHMENT Protected 114 MILLEDGEVILLE Municipal election in 89 MINORS May not play billiards 145 MONTGOMERY Criminal Court in 21 MORGAN COUNTY Times of holding Superior Courts inchanged 18 MUSCOGEE COUNTY Times of holding Superior Courts inchanged 16 , 17 MUSCOGEE MANUFACTURING COMPANY Incorporated 120 , 121 N. NASHVILLE CHATTANOOGA RAILROAD Service on 139 NATIONAL CURRENCY Appropriations to be paid 10 NORTH GEORGIA MINING COMPANY Charter amended 54 NOTARIES PUBLIC Acts of made valid 134 , 135 Jurisdiction of in certain counties 21 O. OATH 161

Page 215

OGLETHORPE COUNTY Criminal Court in 21 ORDINARIES May take homesteadhow 25 OVERSEER OF PENITENTIARY Appropriation to 10 P. PARAMORE HILL MANUFACTURING COMPANY Incorporated 122 PARTNERSHIP ESTATES 132 PATTERSON, CHARLES Appropriation to 9 PIERCE COUNTY Times of holding Superior Court inchanged 16 PENAL CODE Changes in 145 , 146 PLANTERS' ACCOMMODATION STEAMBOAT COMPANY Incorporated 67 , 68 POLL TAX Provides for collection of 162 Blind persons not required to pay 162 POSSESSORY WARRANTS Certiorari 132 , 133 PRESIDENT OF SENATE Appropriation to 7 PRINTING FUND Appropriation of 7 R. RAILROADS Alabama and ChattanoogaState aid to 147 Atlanta West Point Railroadcertain act extended to 148 Brunswick Albany RailroadState aid to 149 , 150 , 151 , 152 Atlanta West Point Railroad Company may take stock in Columbus West Point Railroad 152 State aid to Cartersville Van Wert Railroad Company 152 Charlotte South Carolina Railroad Company may consolidate with C. A R. R. 154 Dalton Morgantown RailroadState aid to 154 , 155 Georgia Railroad and Banking Company to aid Macon Augusta Railroad 155 , 156 Macon B. Railroad may buy commons 156 Macon B. Railroad may build branch road 156 Liability of the several railroad companies 157 RELIEF Of debtors 158 S. SANDERSVILLETOWN OF Incorporated 89 , 90 SAVANNAH MANUFACTURING COMPANY Incorporated 124 , 125 SAVANNAH BANK AND TRUST COMPANY Incorporated 35 , 36 , 37 , 38 , 39

Page 216

SAVANNAH GAS LIGHT COMPANY Incorporated 157 , 158 SECRETARY OF STATE Appropriation to 7 SECRETARIES OF EXECUTIVE DEPARTMENT Appropriations to 7 SHERIFFS AND OTHER OFFICERS Liability defined 137 , 138 SOLICITORS GENERAL Appropriation to 7 SOUTHERN JUDICIAL CIRCUIT Times of holding Courts inchanged 19 SOCIAL CIRCLETOWN OF Incorporated 90 , 91 , 92 SPALDINGTOWN OF Incorporated 92 , 93 , 94 SPEAKER OF HOUSE Appropriation to 7 SPRING PLACETOWN OF Incorporated 94 STATE AID (See Title Railroads.) T. TALLAPOOSA CIRCUIT Counties composing 20 TALIAFERRO COUNTY Criminal Court 21 TAYLOR, J. T. Appropriation to 10 TAZWELL MANUFACTURING COMPANY Incorporated 125 , 126 TAXES General assessment for 1869 159 , 160 , 161 On Railroad Companies 160 On Insurance Companies 160 , 161 TAX COLLECTOR FOR 1868 Must settlewhen 162 , 163 Must remitwhen 163 TELFAIR COUNTY Criminal Court in 21 TESTATORS May compensate executors 163 THOMASTONTOWN OF Incorporated 94 , 95 THOMSONTOWN OF Election in 95 , 96 TRESPASS Felling chestnut trees 146 TRION RAILROAD COMPANY Incorporated 65 , 66 TRIONTOWN OF Incorporated 96 , 97 TWIGGS COUNTY Criminal Court in 21

Page 217

U. UNION BRANCH RAILROAD Relief of 157 UNION LUMPKIN TURNPIKE COMPANY Charter amended 99 V. VAN'S VALLEY MANUFACTURING COMPANY Incorporated 126 , 127 W. WARREN COUNTY Criminal Court in 21 WASHINGTON COUNTY Times of holding Superior Court inchanged 18 WATCHFUL FIRE COMPANY NO. 1, c Members of relieved from jury duty 137 WAYNE COUNTY Times of holding Superior Court inchanged 16 WEST POINTCITY OF Charter amended 98 WHITE COUNTY Criminal Court in 21 WORKINGMEN'S MUTUAL RELIEF ASSOCIATION Incorporated 51 , 52

Page 219

INDEX TO LOCAL LAWS. B. BAINBRIDGE Mayor and Aldermen of 172 BARTOW AND GORDON COUNTIES Line ofchanged 173 BIBB COUNTY Election incounty bonds, c 180 BLACK, R. C. Relief of 193 BROWN, WM. J. Election oflegalized 191 BUCHANAN, JAMES Election oflegalized 187 BURKE COUNTY Road tax in 179 , 180 C. CAMDEN COUNTY Site ofremoved 181 , 182 Line ofchanged 168 CARROLL AND CAMDEN COUNTIES Line ofchanged 168 CARROLL AND PAULDING COUNTIES Line ofchanged 177 CHATHAM SUPERIOR COURT Service of subp[UNK]nas in 173 CHEROKEE AND PICKENS COUNTIES Line ofchanged 179 CLAY AND QUITMAN COUNTIES Line ofchanged 181 COLUMBUSCITY OF Election in 184 , 185 COUNTY LINES CHANGED Carroll and Camden 168 Taylor and Macon 172 Butts and Henry 172 Bartow and Gordon 173 Irwin and Wilcox 176 , 177 Carroll and Paulding 177 Stewart and Quitman 177 , 178 Cherokee and Pickens 179 Clay and Quitman 181 E. ELDER, W. R. [Illegible Text] [Illegible Text]

Page 220

F. FORD, F. M. Relieved as security 191 FULTONCOUNTY OF Ordinary ofmay issue county bonds 174 G. GLYNNCOUNTY OF Ordinary, c., may levy tax in 178 Act relative torepealed 176 GORDON AND BARTOW COUNTIES Line ofchanged 173 GRANT, R. L. J. May peddle without license 192 H. HABERSHAM AND WHITE COUNTIES Line ofchanged 169 HARDIN, M. A. Relief of 191 HARRIS COUNTY Commissioners of Roads and Revenue inqualifications of, c. 170 , 171 HARRISON, JOSEPH J. Acts of as Clerklegalized 190 HENRY AND BUTTS COUNTIES Line ofchanged 172 HEPTINSTALL Relief of 188 HILL, JAMES H. Relief of 193 I. INDIAN RESERVE May be improved 174 , 175 , 176 INGRAM, NANCY Relief of 189 IRWIN AND WILCOX COUNTIES Line ofchanged 176 , 177 IRWIN COUNTY Reduction of bonds in 173 K. KEMP, JAMES W. Relief of 193 L. LAMAR, H. J. May improve Indian Spring Reserve, c. 174 , 175 , 176 LEE, THOMAS W. AND NANCY E. Relief of 191 , 192 LOWNDES COUNTY Ordinary may issue scrip inhow 171

Page 221

M. METROPOLITAN FIRE COMPANY Certain members of relieved from jury duty 186 MITCHELL, B. H. May peddle without license 193 MURRAY COUNTY Jury tickets in 177 MUSCOGEE COUNTY Act relative to repealed 169 P. PAULDING COUNTY Line ofchanged 177 PICKENS AND CHEROKEE COUNTIES Line ofchanged 179 PILCHER, WM. Relief of 193 POOLE, B. G. Relief of 191 PRICE, JOHN V. Relief of 193 Q. QUITMAN AND CLAY COUNTIES Line ofchanged 181 QUITMAN AND STEWART COUNTIES Line ofchanged 177 , 178 S. SALE OF CERTAIN PRODUCTS AFTER NIGHT Prohibited 178 SCRIVEN COUNTY Transferred to Eastern Circuit 176 STEPHENS, ZACH. Relief of 190 STEWART AND QUITMAN COUNTIES Line ofchanged 177 , 178 STEWART COUNTY Tax levied in 168 T. TABOR, FAIRMAN F. AND LOUISA J. Relief of 194 TAYLOR AND MACON COUNTIES Line ofchanged 172 TATNALL COUNTY Ordinary's office inwhere kept 174 THOMAS COUNTY Ordinary to levy tax in 176 THOMPSON, J. B. May peddle without license 192

Page 222

TODD, DR. May erect dam, c. 168 , 169 TOWNS COUNTY Tax in to build jail 179 U. UMPHRIES, LEDFORD May take pictures, c. 191 W. WHITE AND HABERSHAM COUNTIES Jury tickets in 169 WILCOX AND IRWIN COUNTIES Line changed 176 , 177 WILCOX, W. J. May peddle without license 187 WILLIAMS, ISAIAH Relief of 189

Page 223

INDEX TO RESOLUTIONS. A. ADVANCE To State Printer 197 To J. W. Burke, former printer 199 To pay State Printer 202 ASKING THE GOVERNOR To return certain act 199 AUTHORIZING SETTLEMENT With John Jones 201 AUTHORIZING THE PURCHASE Of general laws 202 , 203 B. BURKE, J. W. An advance to 199 BRUNSWICK ALBANY RAILROAD Committee to investigate claims of 198 C. CAPITOL BUILDING Committee on 198 COMMISSIONERS To purchase Rome Railroad 204 COMMITTEE To visit sections of rumored disorder 204 On Western Atlantic Railroad 205 On contract for capitol building 198 COMPTROLLER GENERAL Per centum on Convention tax 203 CONVENTION TAX Balance of ordered to be collected 204 E. EXPLANATORY Of the true intent of a certain act 200 , 201 EXTENDING Collection of taxes of 1868 203 G. GENERAL LAWS OF PRESENT SESSION Authorizing purchase of 202 , 203 GOVERNOR To accept charter of Planters' Bank, c 201 , 202 Asked to return a certain act

Page 224

I. INVESTIGATION Of expenditures, c 200 Of the claims of G. H. Penfield, c 201 J. JUDGES SUPERIOR COURTS Labors to be distributed 205 M. MACON BRUNSWICK RAILROAD Report of committee on 198 MEMORIAL Of Mrs. Mitchell referred to committee 199 O. ORDERING BALANCE CONVENTION TAX PAID 204 P. PENFIELD, G. H. Claims of investigated 201 PLANTERS' BANK, c. Governor to accept charter of 201 , 202 PRINTERPUBLIC Advance to 197 PRINTERPUBLIC Advance to 202 PUBLIC FUNDS Investigation of expenditures of 200 R. REPORT Of committee on Macon Brunswick Railroad 198 ROME RAILROAD Committee to purchase 204 S. SALARIES Of Secretary of Senate and Clerk of House 202 STATE TREASURER To advance to members, c 197 STATE PRINTER Advance of 197 , 199 , 202 STRICKLAND, J. F. Refunding taxes to 202 T. TAXES OF 1868 Time for collecting extended 203 TREASURER To pay certain officers 75 per cent. of demands 199 , 200 W. WESTERN ATLANTIC RAILROAD Committee on 205

Locations