Acts and resolutions of the General Assembly of the state of Georgia, passed in Atlanta, Georgia, at the session of 1870 [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 18700000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN ATLANTA, GEORGIA, AT THE SESSION OF 1870. 18700000 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GEORGIA: PRINTED BY THE PUBLIC PRINTER. 1870.

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TABLE OF TITLES. DIVISIONS AND SUBDIVISIONS. PART I.PUBLIC LAWS. I. APPROPRIATIONS. II. BONDSSTATE. III. COMPTROLLER-GENERALSEAL. IV. COUNTIES AND COUNTY LINES Division 1New Counties Formed. Division 2County Lines Changed. V. COURTS Division 1Criminal. Division 2District. Division 3Superior. Division 4Supreme. VI. EDUCATION. VII. ELECTION. VIII. FEES AND COSTS. IX. HOLIDAYS. X. HOMESTEADS. XI. INCORPORATIONS. XII. INTERNAL IMPROVEMENTS. XIII. JUDICIARY. XIV. LANDS. XV. LEGISLATURE. XVI. PENAL CODEAMENDMENTS TO. XVII. RAILROADS. XVIII. SALARIES. XIX. TAXATION. PART II.LOCAL LAWS. I. COUNTY REGULATIONS. II. RELIEF. III. TOWN AND CITY REGULATIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1870. PART I.PUBLIC LAWS. TITLE I. APPROPRIATIONS. Section. 1. Salaries of Governor, Secretary of State, Comptroller-General, State Treasurer, Secretaries Executive Department, Messenger Executive Department, State Librarian, Solicitors-General, Supreme Court Reporter, Judges Supreme and Superior Courts. 2. Contingent Fund, Printing Fund. 3. Per diem and mileage of President of Senate, Speaker of House, and members. 4. Per diem of Secretary of Senate, assistant secretary and assistant clerks, journalizers of each house, enrolling, engrossing and committee clerks, door-keepers and messengers each House. 5. Salaries fixed by law, paid quarterly, salary Superintendent Public Works and Attorney-General. 6. Advances to officers of 75 per cent. 7. Salary Superintendent and Resident Physician of Lunatic Asylum, pauper patients, colored patients, etc. 8. To Academy for the Blind. 9. To chaplains, pages, etc., of both Houses. 10. Clerks of Treasurer, Comptroller and Secretary of State. Section. 11. To L. Smith, C. Patterson, and Jackson McHenry. 12. To Institution for Deaf and Dumb, repairs of buildings, Atlanta University and commissioners. 13. To Principal Keeper Penitentiary. 14. To pay interest on public debt. 15. For contingent expenses of Legislature. 16. Appropriations, payable in United States currencywhen. 17. To Clerk Supreme Court. 18. For stationery furnished Legislature through Secretary of State. 19. Executive warrants shall specifywhat. 20. Executive warrants for services authorized by law. 21. Treasurer's compensation for settling convention scrip. 22. Special appropriations for extra services, to J. G. W. Mills, J. C. Hendrix, James M. Bishop, J. J. Newton, M. A. Hardin, and Jackson T. Taylor. 23. For Supreme Court Reporter for 300 copies 41st vol. Supreme Court Decisions. 24. Act continueshow long.

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(No. 1.) An Act for raising a Revenue, and to appropriate money for the use of the Government, and to make certain 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 the same are hereby, appropriated to the respective persons and objects hereinafter mentioned, to-wit: As salaries, the sum of four thousand dollars, annually, to his Excellency the Governor, and the further sum of two thousand dollars, annually, each, to the Secretary of State, Comptroller-General and State Treasurer; and the sum of twenty-four hundred dollars each, annually, to the secretaries of the Executive Department, and said secretaries shall receive no compensation for extra services; and the sum fixed by law, annually, to the messenger of the Executive Department; and the sum of sixteen hundred dollars, annually, to the State Librarian; and the sum of two hundred and fifty dollars, in specie, or its equivalent in currency, annually, to each of the Solicitors-General; and the sum of one thousand dollars, annually, to the Reporter of the Decisions of the Supreme Court; and the sum of twenty-five hundred dollars, in specie, or its equivalent in currency, annually, to each Judge of the Supreme Court; and the sum of eighteen hundred dollars, in specie, or its equivalent in currency, annually, to each Judge of the Superior Court. Salary of Governor. Secretary of State. Comptroller General. Treasurer. Secretaries. Secretary of Executive Departm'nt Messenger Ex. Dep't. Librarian. Solicitors General. Judges of Supreme Court. Sec. 2. That the sum of twenty thousand dollars, or as much thereof as may be necessary, be, and the same is hereby, appropriated, annually, as a Contingent Fund; and the sum of twenty thousand dollars, annually, be appropriated as a Printing Fund. Contingent Fund. Printing Fund. Sec. 3. That the sum of twelve dollars per day be paid to the President of the Senate and Speaker of the House of Representatives during the sessions of the General Assembly; and the sum of five dollars for every twenty miles traveled in going to and returning from the seat of government, the distance to be computed by the nearest route usually traveled by public conveyance; and the sum of nine dollars per day each be paid to the members of the General Assembly during the sessions, and five dollars for every twenty miles in 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 Representative: Provided , That no member shall receive pay from the State for any time that he may be absent, unless his absence was caused by sickness of himself or family, or he had leave of absence granted by the Senate or House. President of Senate. Mileage. Per diem of members. Mileage. Proviso. Exception. Sec. 4. That the sum of twelve dollars per day be paid to the Secretary of the Senate and Clerk of the House of Representatives for the 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 the Secretary

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of State the original bills and papers appertaining to their office, and have carefully filed and marked all reports of standing committees, and all other papers of importance connected with either House; the sum of twelve dollars per day each for the journalizing clerks, assistant clerks 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; that the sum of nine dollars per day be paid each to the Door-keepers and Messengers of the Senate and House of Representatives of the General Assembly; and the sum of five dollars be paid constitutional officers for every twenty miles traveled in going to and returning from the seat of government, the distance to be computed by the nearest route usually traveled by public conveyance. Secretary of Senate. Journalizing Clerk. Enrolling and Engrossing Clerks. Clerks of Committees Door-keepers and Messengers Mileage of officers. Sec. 5. That the various sums of the annual salaries of all the officers of this State, whose salaries are fixed by law, and for the support of public institutions, be, and the same are hereby, appropriated, annually, and shall be paid quarterly, until they are otherwise altered by law; that the sum of one thousand and fifty dollars ($1,050) be, and the same is hereby, appropriated to pay the salary of the Civil Engineer or Superintendent of Public Works, now due and remaining unpaid, for six months' services from the first of May to the thirty-first of October, 1870. The salary of the Attorney-General of this State shall be two thousand dollars per year, and in no case shall he receive any other compensation for opinion delivered, or for any other service. Salaries fixed by law paid quarterly. Superintendent of Pub. Works. Attorney General. Sec. 6. 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 which amount services have been actually rendered at the date of such payment, taking receipt from such officer for the same, which receipt shall be as voucher, and are hereby declared offsets to the extent of such payment to Executive warrants drawn at the end of the quarter for such officers' salaries. Advances to officers. Sec. 7. That the sum of two thousand five hundred dollars be, and the same is hereby, appropriated as the salary of Superintendent and Resident Physician of the Lunatic Asylum, and for support of pauper patients, employees, etc.; the steward of the asylum will be required to make regular quarterly reports under oath, to his Excellency the Governor, of the number of pauper patients and employees in the asylum, and the actual cost of their support, including all the regular expenditures of the institution; whereupon

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his Excellency the Governor will be authorized and required to draw his warrant upon the State Treasurer for the sum required, allowing not exceeding seventy-five cents per diem for each person so reported for and during the period embraced in said report. For additional accommodations, of immediate necessity for the colored insane, idiots and epileptics, twelve thousand dollars; for heating apparatus for the same, six thousand dollars; for additions to main structure, to supply most urgent necessity, for additional accommodations for the white insane, idiots and epileptics of the State, fifty thousand dollars. Sup't of Lunatic Asylum. Pauper patients, etc. Colored patients. White patients. Sec. 8. That the sum of eleven thousand ($11,000 00) dollars be, and the same is hereby, appropriated to the Academy for the Blind in this State for the maintenance of pupils and salaries of officers. Academy for Blind. Sec. 9. That the sum of one hundred and fifty dollars ($150) be, and the same is hereby, appropriated as compensation to the Chaplain of the House of Representatives, and three hundred dollars to the Chaplain of the Senate, three dollars per day to the page of the Senate, and two dollars per day to each of the pages of the House of Representatives; and the sum of four hundred and forty-eight dollars to W. D. Ellis, as reporter of the House of Representatives. Chaplains. Pages. Reporter. Sec. 10. 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, Comptroller and Secretary of State's clerks. Sec. 11. That the sum of seven dollars ($7 00) per day be, and the same is hereby, appropriated to pay Lewis Smith for bringing water, sweeping and keeping in order the Representative Hall; and five dollars ($5 00) per day to C. Patterson for attending to similar duties in the Senate Chamber, and out of which they are to pay all assistants employed; and the further sum of three dollars per day to Jackson McHenry for attending committee and clerks' rooms. Pay to L. Smith. To C. Patterson. Jackson McHenry. Sec. 12. Be it further enacted , That the sum of sixteen thousand dollars ($16,000) be, and the same is hereby, appropriated annually for the pay of officers and teachers for the Institution for the Deaf and Dumb, and for the support and education of the indigent deaf and dumb children therein taught and supported; and the sum of one thousand dollars for necessary repairs to the buildings; and the sum of two thousand dollars, or so much thereof as may be necessary, to pay the past indebtedness of the institution; that the sum of eight thousand dollars be appropriated to the Atlanta University under the same restrictions and regulations as the Athens Institution, so far as may be consistent with its present organization; that James Dunning of Fulton, David Irwin of Cobb, and George Ormond of Houston, be appointed commissioners to see that said fund is distributed for the purposes therein indicated. Institution for the Deaf and Dumb. Repairs of buildings. Atlanta University. Commissioners.

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Sec. 13. That the sum of two thousand dollars be, and the same is hereby, appropriated to the Principal Keeper of the Penitentiary as his salary. Principal Keeper of [Illegible Text]. Sec. 14. That the sum of three hundred and seventy-five thousand dollars, or so much as may be necessary, be, and the same is hereby, annually appropriated to pay semi-annually and quarterly the interest on the public debt. Public debt. Sec. 15. That the sum of two hundred dollars be, and the same is hereby, appropriated to the Clerk of the House of Representatives, and the sum of two hundred dollars to the Secretary of the Senate, to defray the contingent expenses of their respective offices at the session of the General Assembly, or so much thereof as may be necessary. Contingent expenses of Legislature. Sec. 16. That the several appropriations made by this act, except where otherwise provided by law, shall be made in national currency. Appropriations how payable. Sec. 17. That the sum of three hundred dollars, or so much thereof as may be necessary, be annually appropriated to the clerk of the Supreme Court for printing and stationery, and for purchasing the necessary record books, and binding of the opinions of the Supreme Court. Clerk of Supreme Court. Sec. 18. That the sum of one thousand dollars be appropriated, or so much thereof as may be necessary, to pay for stationery furnished this Legislature through the Secretary of State. Stationery for Legislature. Sec. 19. That in all cases in which money is appropriated in this act, or otherwise shall be drawn from the treasury upon Executive warrant, such warrant shall specify for what service, or on what account, the same is due. Executive warrants. Sec. 20. That when the performance of any service or labor for the State is authorized and directed by law to be performed or rendered, the compensation for which is to be fixed or approved by the Governor, he shall draw his warrant on the treasury for the amount so fixed or approved, and the same shall be paid out of any moneys in the treasury not otherwise appropriated. Services authorized by law. Sec. 21. Be it further enacted , That the Treasurer be allowed the same per cent. for settling the convention scrip as is allowed the Comptroller-General. Treasurer's compensation for settling convention scrip. Sec. 22. Be it further enacted , That the sum of five hundred dollars be, and the same is hereby, appropriated to J. G. W. Mills, Secretary of the Senate, for extra services during the present session of the General Assembly; and the sum of five hundred dollars to J. C. Hendrix, Secretary pro tem. of the Senate; and the sum of five hundred dollars to James M. Bishop, journalizing clerk of the Senate, as extra compensation, to be drawn upon the warrant of the President of the Senate; and the sum of five hundred dollars to John J. Newton, Clerk of the House of Representatives, for extra services during the present session of the General Assembly; a like sum to M. A. Hardin, Clerk pro tem. of the House of Representatives, for extra services during the present session; and the sum of five hundred dollars to Jackson T. Taylor, journalizing

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clerk of the House during said session, for extra services performed; and that the Treasurer pay the same on the warrant of the Speaker of the House of Representatives. Appropriation to J. G. W. Mills. To. J. C. Hendrix. To J. M. Bishop. To J. J. Newton. To M. A. Hardin. To J. T. Taylor. Sec. 23. Be it further enacted , That the sum of seventeen hundred and fifty dollars be appropriated to pay for three hundred copies of the 41st volume of the Georgia Reports, and the Governor draw his warrant upon any money in the treasury not otherwise appropriated. Supreme Court Rep't. Sec. 24. Be it further enacted , That this act shall continue in full force until otherwise provided by law, and that all acts and parts of acts conflicting with, or militating against, this act be, and the same are hereby, repealed. Approved October 25, 1870. TITLE II. BONDSSTATE. Section. 1. Governor may issue bondsfor what purposeamount interest on, etc. 2. Restriction on. 3. Bondshow signed, etc. 4. Bondshow paid. Section. 5. Restriction on the issue of railroad bonds. 6. Interest on such bonds not paid at maturity, Governor may seize and sell the road. (No. 2.) An act to authorize the issue of Bonds of this State, whereby to redeem all Bonds, and the coupons thereon, now due or falling due, and for other purposes therein mentioned. Section 1. The General Assembly of the State of Georgia do enact , That for the purpose of meeting and redeeming all bonds of this State, and the coupons thereon, now due, or when the same shall have fallen due, and for such other purposes as the General Assembly may direct, his Excellency the Governor is hereby authorized to issue bonds of this State, sufficient in amount to meet all outstanding bonds and the coupons thereon now due, and as the same shall fall due, until otherwise ordered by law, and for such other purposes as the General Assembly may directsuch bonds to bear interest at a rate not exceeding seven per cent. per annum, with interest payable quarterly in gold, at such place or places as the

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Governor may designatesaid bonds having twenty years to run, and to be redeemed at the end of that period in gold coin. For what purpose Gov. may issue. Bondsamount of. Bonds defined. Sec. 2. Be it further enacted , That nothing in this act shall be construed to authorize the use of said gold bonds in funding the outstanding bonds, or to authorize the exchange of said gold bonds for any outstanding bonds of the State. Restriction on. Sec. 3. Be it further enacted , That said bonds shall be signed by his Excellency the Governor, and countersigned by the Comptroller-General, and shall by the Comptroller-General be registered in a book to be kept for that purpose, and the amount so issued reported also for record in the Treasurer's office. Bondshow signed. Sec. 4. Be it further enacted , That the sterling bonds and the interest thereon, until paid, be paid in gold, or its equivalent. How paid. Sec. 5. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved September 15, 1870. (No. 3.) An Act to protect the credit of the State in reference to its guaranty of the Bonds of Railroad Companies. Section 1. The General Assembly enacts as follows , That, from and after the passage of this act, neither his Excellency the Governor, nor any other officer of this State, shall indorse the guaranty of the State upon the bonds of any railroad to which this or any other Legislature of this State has loaned the credit of the State, until an amount equal to the amount of bonds for which the guaranty or indorsement of the State is applied for has, in good faith, been first invested and actually paid in and expended by the owners or stockholders of the road, upon the bonds of which the indorsement or guaranty is asked, and the Governor shall, in every case, require satisfactory evidence in every case that such investment has been made. Conditions upon which R. R. bonds may be indorsed by State. Sec. 2. Be it further enacted , That in the event any interest that has accrued upon any bonds of any railroad company, indorsed by the State in pursuance of any law of this State, shall not be paid when said interest becomes due, it shall be the duty of the Governor, upon information of such default, by any person to whom such interest may be due, to provide in such manner as he may deem most to the interest of the State for the payment of, and to pay said interest; and it shall be his duty to seize and take possession of all the property of said railroad company, and apply the earnings of the road to the extinguishment of said unpaid interest, and he may, at his discretion, sell the road so in default, and its equipments, and other property belonging to said company,

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or any portion thereof, at public sale, in such manner and at such time as, in his judgment, may best subserve the interest of the State. If bonds, or interest due thereon be not paid at maturity, Govn'r may seize and sell the road and all its property Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved September 30, 1870. TITLE III. COMPTROLLER-GENERALSEAL. Section. 1. Comptroller-General to procure seal motto of, etc. Section. 2. Governor's warrantto pay for. (No. 4.) An act to authorize the Comptroller-General of this State to procure an Official Seal, and to establish the same. Section 1. The General Assembly of the State of Georgia do enact , That the Comptroller-General of this State be, and he is hereby, authorized to procure an official seal, bearing the following description and device, to-wit: It shall be circular in form, one and a half inch in diameter, made of brass, with a human hand holding a pen in the attitude of writing, in the center, surrounded by the words, `Comptroller-General's office, State of Georgia,' and that the same when procured be, and it is hereby, established as the official seal of the Comptroller-General's office of this State. Comp-Gen. to [Illegible Text] seal. Form of. Motto. Sec. 2. Be it further enacted , That the Governor be, and he is hereby, authorized to draw his warrant on the Treasurer, to be paid out of any money in the treasury not otherwise appropriated, for such reasonable amount as may be deemed necessary by him to pay for such official sealsuch sum not to exceed twenty-five dollars. Governor's warrant to pay for. Sec. 3. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed. Approved October 18, 1870.

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TITLE IV. COUNTIES AND COUNTY LINES. No. Act. Division INEW COUNTIES 5, 6, 7, 8 Division IICOUNTY LINES 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 21, 22, 23, 24, 25, 26, 27, 28 I.NEW COUNTIES. Section. 1. Douglas county createdboundaries of. 2. County officerswhen and how elected, county-site, etc. 3. Public buildings, militia districts, Justices of the Peace. 4. Transfer of suits to new county. 5. Time for holding Superior Courts in. 6. Name of new countyhow attached. 7. New officerswhen installed. 8. Boundaries of Campbell county defined. 9. Portions of Fayette added to Campbell. 10. Site of Campbellhow selected. 11. House for holding Courtspowers of commissioners. 12. Vacancieshow filled. 13. Suits tranferred. 14. Representation of. 15. Rockdale county createdboundaries. 16. Name of countyhow attached. 17. Election for county officershow commissioned, etc. 18. Public buildings, etc. Section. 19. Transfer of papers, etc., to new county. 20. Time of holding Superior Courts. 21. New county createdname ofhow attached. 22. Sitenamelocation. 23. County officerswhen and how elected. 24. Mesne and final processtransfer of suits, etc. 25. Time for holding Superior Courts inofficial bonds, etc. 26. Returns of administrators, etc., in new county. 27. Term of office. 28. New county createdfrom what countieslimits of. 29. Name ofhow attached, etc. 30. Election of officers for new counties. 31. Selection of new county-sitename of, etc. 32. Transfer of records to new county, etc. 33. Time for holding Superior Courts in. 34. Business of new county where transacted. (No. 5.) An Act to lay off and organize a new county out of the counties of Campbell and Carroll; to change the line between the counties of Campbell and Fayette; to add a portion of the county of Fayette to that of Campbell; to move the county-site of Campbell to some suitable and convenient place on the Atlanta West Point Railroad, and for other purposes therein mentioned. Section 1. Be it enacted; etc. , That, from and after Tuesday after the first Monday in November next, a new county shall be laid off and organized out of the counties of Campbell and Carroll, to be included in the following limits, to-wit: beginning on the west bank of

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the Chattahoochee River, in the dividing line between the counties of Campbell and Carroll, at the southeast corner of land lot number ninety-seven in the third district of Carroll county; thence running northwest course to the southeast corner of land lot number two hundred and twenty-one; thence to run to the Paulding line at the northwest corner of land lot number two hundred and forty-nine in the second district of Carroll county; thence along the dividing line of Carroll and Paulding to the Campbell line; thence along the dividing line of Paulding and Campbell to the Cobb line; thence along the dividing line of Cobb and Campbell to the Chattahoochee River; and thence down the west bank of said river to the point of beginning. Douglas county created. Boundaries. Sec. 2. Be it further enacted , That on said Monday in November next, all persons included within the limits of said county, who are entitled by law to vote, shall, at the several precincts of said new county, elect their respective county officers, who shall hold their offices for their several terms according to the laws of this State, and also, at the same time and places, by ballot, locate their county site at some suitable and convenient place in said new county, under the same rules and regulations as other elections, and the superintendents of such elections shall meet at Chapel Hill, in said county, on the day after the election, and consolidate the election returns and send the same to the Governor, properly certified to, who shall commission the officers elect for their respective terms. County officerswhen and how elected. County site. Superintendents to consolidate the vote. Sec. 3. Be it further enacted , That the Ordinary of said new county elect, with four commissioners, to-wit: John C. Bowden, W. N. Magouirk, J. H. Winn and Ephraim Pray, be, and they are hereby, appointed a board of commissioners for said county, who shall, after the county-site is located, as hereinbefore provided, purchase a tract of land at said county-site, lay off the same into town lots and sell them at public sale, and apply the proceeds of the same to the building of a court-house and jail for said new county, and said board shall lay off said new county into militia districts, and advertise for the election of a requisite number of Justices of the Peace, who, when elected, shall be commissioned by the Governor. Court house and jail buildings. Militia districts. Justices of the Peace. Sec. 4. Be it further enacted , That all unfinished business in any of the courts of the counties out of which said new county is formed, which, by law, would be in said new county, be transferred to the respective courts and officers of said new county to proceed in the same manner as they would have done in the original counties. Suits transferred to new county. Sec. 5. Be it further enacted , That the Superior Court of said new county shall be held on the third Monday in April and October in each year. Time of holding Sup'r Courts. Sec. 6. Be it further enacted , That the new county described in the first section of this act be called and known by the name of Douglas county, and attached to the Thirty-sixth (36th) Senatorial District, Third (3d) Congressional District, Tallapoosa Judicial Circuit, and the first (1st) brigade of the 11th division of the Georgia militia. Name of county. How attached.

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Sec. 7. Be it further enacted , That all officers now in commission in said new county shall hold their commissions until their successors shall have been elected and commissioned, and are hereby authorized to administer the oath of office to the officers elect in said new county. Old officers to hold until success ors are elected and commissioned. Sec. 8. Be it further enacted , That the county of Campbell be, and hereby is, included within the following limits, to-wit: beginning on the east bank of the Chattahoochee River, on the dividing line between the counties of Campbell and Coweta; running along said line to Nixon Ford, on Line Creek, at the southwest corner of fraction lot of land number one hundred and seventy-eight (178) in the original seventh (7th) district of Fayette county; thence running north along the dividing line between the counties of Fayette and Campbell to the southwest corner of fractional lot of land number nine (9) in the original ninth (9th) district of Fayette county; thence running direct to the southeast corner of lot of land number one hundred and eighty-eight (188) in the thirteenth district of Fayette county, intersecting the Clayton line; thence along the dividing line, between the counties of Fayette and Clayton, to the Fulton county line; thence along the dividing line of Fayette and Fulton counties to Campbell county line; thence along the dividing line of Fulton and Campbell counties to the Chattahoochee River; thence down said river to the point of beginning. Boundaries of Campbell county defined. Sec. 9. Be it further enacted , That that portion of Fayette county included in the limits of Campbell county, in the preceding section be, and it is hereby, taken from the county of Fayette and added to and made a part of the county of Campbell. Portion of Fayette added to Campbell county. Sec. 10. Be it further enacted , That the county-site of Campbell county be, and is hereby, moved to some convenient and suitable place on the Atlanta West Point Railroad, in Campbell county; that such place be selected by a popular vote of all the citizens entitled by law to vote in the county of Campbell laid off and described in section eighth (8th) of this act, which election shall be held on Tuesday after the first Monday in November next, at the several precincts included within the limits of the county; that the superintendents of said election shall meet at Campbellton, on the day after the election, and consolidate the election returns of said county-site before the Ordinary, who shall, with four (4) commissioners to be selected by him, residing near the county-site, without delay purchase a sufficient tract of land for the court-house and jail, and proceed to build the same out of any funds belonging to the county, not otherwise appropriated, or to make such other arrangements for the building thereof as they may think will best promote the interest of the county. Countysite Campbell countyhow selected. Electionwhen and where held Consolidation of election returns. Court-house and jail buildings. Sec. 11. Be it further enacted , That the Ordinary, Clerk of the Superior Court and said commissioners shall, immediately after said county-site is located, rent, for the time being, a suitable house for the courts of said county, and temporarily furnish all the public buildings necessary for said county, at the new county-site, except

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the jail, which shall remain at Campbellton until a safe jail is built at the new county-site; and said commissioners are hereby authorized to sell or otherwise dispose of the public buildings at Campbellton, and invest the proceeds in the public buildings at the new county-site, equally. House for holding court. Commissioners may sell public buildings at Campbellt'n Sec. 12. Be it further enacted , That all vacancies of office, caused by changing the lines of the county of Campbell, be filled as vacancies in other counties are filled. Vacancieshow filled Sec. 13. Be it further enacted , That all suits pending in the county of Fayette which would properly be in the county of Campbell, as herein laid off, be transferred to the respective courts of Campbell. Suits transferred. Sec. 14. Be it further enacted , That the new county described in section first (1st) of this act and Campbell county be, and they are hereby, entitled to one (1) Representative in the Legislature of this State. Representation of new county and Campbell county. Sec. 15. Repeals conflicting laws. Approved October 17, 1870. (No. 6.) An act to lay out and organize a new county from the counties of Newton and Henry, attach the same to a Senatorial, Judicial and Congressional District, and to provide for the location of a county-site in such new county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the first day of February next, a new county shall be laid out and organized from the counties of Newton and Henry, to be included within the following limits, to-wit: beginning at the Peachstone Shoals on South River, running thence up said river to the north of Camp Creek; thence running up said creek to Flat Shoal Road in Henry county; running thence along said road to the land line between Robert M. Clark and John Calaway; thence along the present county line between the counties of DeKalb and Henry to the point on South River where the county line between DeKalb and Newton counties strikes said river; thence along the county line between the counties of DeKalb and Newton, to the point where the lines between the counties of DeKalb, Gwinnett, Newton and Walton intersect; thence along the county line between the counties of Newton and Walton to Little Haynes Creek; thence down Little Haynes Creek to its mouth; running thence down Big Haynes Creek to its mouth; running thence on a direct line to Peachstone Shoals on South River, the starting point. Rockdale county. Boundaries.

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Sec. 2. And be it further enacted by the authority aforesaid , That the new county described in the first section of this act shall be called and known by the name of Rockdale county, and shall be attached to the Twenty-seventh Senatorial District, the Flint Judicial Circuit, and to the Fourth Congressional District, and to the..... brigade of the..... division of the Georgia militia. Name of county. How attached. Sec. 3. And be it further enacted by the authority aforesaid , That the persons included within the said new county, entitled to vote for the same, shall, on the first Wednesday in February next, elect an Ordinary, a Clerk of the Superior Court, a Sheriff and Coroner, a Tax Collector and Receiver of Tax Returns, and County Surveyor for said county, and that the election of said county officers shall be held at Conyers, now in Newton county, in the 476th district of said county, and shall be conducted in the manner prescribed by law; and the Governor, on the same being certified to him, shall commission the persons returned to him as elected at such elections, to hold their offices respectively for the term prescribed by law; and the Ordinary, after he shall have been commissioned, shall proceed to lay off said counties into militia districts, and advertise for the requisite number of Justices of the Peace in such districts; and the Governor, on being duly certified of the elections of such Justices of the Peace, shall commission them according to law. Election for county officerswhen and where held. Governor to commission those elected. Militia districts to be laid off. Sec. 4. And be it further enacted by the authority aforesaid , That the Ordinary, after he shall have been commissioned, shall have power and authority to appoint five commissioners, who shall have power and authority to select and locate a site for the public buildings of said county, within the corporate limits of the town of Conyers; and the said commissioners, or a majority of them, are hereby invested with the full power to purchase lots in the said town of Conyers, sufficient for the location of the public buildings, and to make such other arrangements or contracts as they may think proper for the erection of said buildings. Public buildings. Town lota. Sec. 5. And be it further enacted by the authority aforesaid , That the papers appertaining to all suits pending in either of said counties out of which this new county is formed, where the defendant resides in such new county, shall be transferred to the proper officers of such new county, and there tried and disposed of; and that all mesne process, executions and other final process in the hands of Sheriffs, Coroners and Constables of the counties of which the new county may be formed, and which properly belongs to said new county, and which may have been levied, or in part executed, and such proceedings therein not finally disposed of at the organization of said new county, shall be delivered over to the corresponding officers of said new county, and such officers are hereby authorized and required to proceed with the same, and in the same manner as if such process had been originally in their hands: Provided , That in all cases publication of the time and places of sale, and proceedings of a like character, in the new

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county, shall be made for the time prescribed by law; and all such process which properly belongs to the counties out of which such new county may be formed, which may be in the hands of the officers of said new county, shall in like manner be delivered over to the officers of said county, to be executed by them in the manner herein prescribed. Papers to be transferred to new co. if defendant resides in it. Mesne process, etc., to be delivered to officers of new county. Publication to be made according to law. Other processes, etc., to be delivered to officers of old counties. Sec. 6. And be it further enacted by the authority aforesaid , That the Superior Courts of said new county shall be held on the second Mondays in March and September. Time of holding Super'r Courts Sec. 7. And be it further enacted by the authority aforesaid , That this act shall not go into effect before the first day of February, 1871. The act takes effectwhen. Approved October 18, 1870. (No. 7.) An Act to organize and form a new county out of portions of Telfair, Pulaski and Montgomery, and for other purposes. Section 1. Be it enacted, etc. , That there shall be a new county laid out and formed of the thirteenth, (13th) fourteenth, (14th) fifteenth, (15th) sixteenth, (16th) nineteenth (19th) and twentieth (20th) land districts of originally Wilkinson county, (except that portion of said land districts numbers thirteen, (13) sixteen (16) and nineteen (19) which now lie in and constitute a part of Laurens county) now forming parts of the counties of Pulaski, Telfair and Montgomery; that said new county shall be called the county of Dodge, and shall be attached to the Southern Judicial Circuit, to the Second Congressional District, and the Fourteenth Senatorial District. New county out of certain districts. Name of new county attached to Judic'l Cir't Sec. 2. Be it further enacted , That the county-site of said new county shall be at a station on the Macon Brunswick Railroad, called Eastman, the same being station No. 13 on said railroad. Sitewhere located. Name of. Sec. 3. Be it further enacted , That the voters of said new county, entitled under the Constitution and laws of this State to vote for members of the General Assembly, shall assemble at Eastman, the county-site aforesaid, and proceed, pursuant to the election laws now in force, to elect all county officers necessary for the organization of said new county, pursuant to the Constitution and laws of this State, and it shall be the duty of the managers of said election to certify the same, and the result thereof, to the Governor of this State, and it shall be the duty of the Governor forthwith to commission the county officers so certified to be elected, and to authorize by dedimus to him, any Justice of the Peace or Notary Public, resident within the limits of said new county, to

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qualify the said county officers, according to the Constitution and laws of this State; said county officers so elected and qualified shall hold their offices for the term prescribed by law; said election shall be held on Wednesday after the first Monday in January, 1871. County officerswhen and how elected. Duty of managers. Duty of Gov. as to officers elect Term of office of. Time for election Sec. 4. And be it further enacted , That all mesne and final process, in the hands of any of the officers of the several counties from which the said new county is formed, which properly belong to the said new county by the residence of the defendant, or the location of land where land is the subject-matter of suit therein, shall be delivered over to the corresponding officer of said new county, and all suits, declarations and pleadings, of all kinds of property appertaining to said new county, for the reasons aforesaid, shall be transferred from the courts of the counties where now pending to the corresponding courts of the new county; and the officers charged with the administration and execution of the law, in said new county, shall proceed with said suits, and said mesne and final process, as if the same had been commenced in said new county. Mesne and final processes, etc. Suits, etc., transferred to new co. Sec. 5. Be it further enacted , That the Superior Court of said county of Dodge shall be held on Friday after the second Monday in April and October in each year, and the Court of Ordinary on the first Monday in each month. Time of holding Superior Court in. Sec. 6. Be it further enacted , That the Ordinary, Sheriff, and other officers of said county, shall be required to give such bonds and security as the laws of this State prescribe. Bonds of co. officers. Sec. 7. Be it further enacted , That the executors, administrators, guardians, etc., residing in said new county be, and they are hereby, authorized and required to make their returns to the Ordinary of said new county. Administrators, etc., of new co. to make returns when Sec. 8. Be it further enacted , That until the official machinery of said new county be put in operation by the election, commission and qualification of the officers hereinbefore provided for, the proper officers of the county from which the new county is taken, or any of them, be, and they are hereby, empowered with full authority to copy, direct and serve process and judicial writs of all sorts within the said new county; and all officers now resident within the limits of said new county shall exercise all their powers and functions of office until the officers of the new county are elected and qualified. Officers of old cos. disc'rge duties until when. Sec. 9. Be it further enacted , That all laws inconsistent with this act are hereby repealed. Approved October 26, 1870.

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(No. 8.) An Act to lay out and organize a new county from the counties of Warren and Columbia, and for other purposes therein specified. Section 1. Be it enacted, etc. , That, from and immediately after the passage of this act, a new county shall be, and the same is hereby, laid out from the counties of Warren and Columbia, to be included within the following limits, to-wit: beginning at the mouth of Cane Creek, and running up said creek to the Washington road; from thence to Shiloh Lane; thence along the Thompson road to Cobham, including Cobham in the new county; from thence on a direct line to the head-waters of Boggy Gut Creek; thence to the Richmond county line; thence along the Richmond county line to Big Brier Creek; up Big Brier Creek to the mouth of Little Brier Creek; thence up Little Brier Creek to the ford, the original crossing from Brier Creek Church to the Munn place and to Barnby's mills; from the last mentioned ford over Price Creek to the mouth of the Gin Branch, said branch being west of A. J. Story's house, so as to include John Cason; from thence to a point west of James Hardaway's house on the district line between said James Hardaway and E. C. Hardaway; from thence a direct line to the point where the Washington road crosses Little River at Dyer's mill; from Dyer's mill down Little River to the mouth of Cane Creek, the starting point. New co. createdfrom what counties. Limits of. Sec. 2. Be it further enacted , That the new county described in the first section of this act shall be called and known by the name of McDuffie, and shall be attached to the Fifth Congressional District, and to the Middle Judicial Circuit, and to the Twenty-ninth Senatorial District. Name of new county. Congressional Dist. Judic'l Cir't Sen. Dist. Sec. 3. Be it further enacted by the authority aforesaid , That the persons included in said new county, entitled to vote for the same, shall, on the first Monday in January next, elect an Ordinary, a Clerk of the Superior Court, a Sheriff, a Coroner, Tax Collector and Receiver of Tax Returns, a County Surveyor and County Treasurer for said county; and that the election for officers shall be held at the several places where Juistices' Courts are now held within the limits of said new county; and the Governor, on the same being certified to him, shall commission the persons returned as elected at such election, who shall hold their offices respectively for the terms prescribed by law, and until their successors are elected and qualified; and said Ordinary, after he shall be commissioned, shall proceed as soon as possible to lay off said new county into militia districts, and to advertise for the election of one Justice of the Peace in each district in which no Justice now in commission may reside; and the Governor, on being duly certified of the election of such Justices, shall commission them according to law; all officers now in commission within the limits of said new county shall hold their commissions, and exercise the duties of their several offices within said new county for the terms respectively,

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for which they were elected, and until their successors shall be commissioned and qualified. Officers for new co. to be elected. Election forwhen held Commissioned by Governor. Militia districts. Justices of the Peace, etc. Sec. 4. Be it further enacted by the authority aforesaid , That the Ordinary of said county, after he shall be commissioned and qualified, shall have full power and authority, and shall, by the first of February, 1871, select and locate a site for the public buildings of said new county within the corporate limits of the town of Thomson, by which name the county-site shall be known; and the Ordinary is hereby authorized to purchase or accept by donation suitable grounds for the public buildings of said new county. Ordinary to select site for public buildings. Name of site. Sec. 5. Be it further enacted by the authority aforesaid , That the papers appertaining to suits pending in either of said counties out of which the new county is formed, when the defendants reside in such new county, shall be transferred to the proper officers of said new county, and there tried and disposed of; and that all mesne process, executions and other final process, in the hands of Sheriffs, Coroners and Constables of the counties of which the new county is formed, and which properly belong to said new county, and may have been levied and in part executed, and such proceedings therein not finally disposed of at the organization of said new county, shall be delivered over to the corresponding officers of said new county; and such officers are hereby authorized and required to proceed with the same, and in the same manner as if such process had been originally in their hands: Provided , That cost then due shall be paid before the case shall be removed: And provided further , That in all cases publication of the time and place of sale and proceedings of like character in the new county shall be made for the time now prescribed by law, and all such process which properly belongs to the counties out of which such new county is formed, which may be in the hands of the officers of said new county, shall be in like manner delivered over to the officers of said county, to be executed by them in the manner herein prescribed. Transfer of papers, etc., to new co. [Illegible Text] process, etc.to whom delivered. Procedure. Proviso. Sec. 6. Be it further enacted by the authority aforesaid , That the Superior Court of said new county shall be held on the first Mondays in April and October of each year, and the Court of Ordinary shall be held at the times as prescribed by law for the different counties of this State. Time for holding conrts in new county. Sec. 7. Be it further enacted by the authority aforesaid , That all public business of said new county shall be transacted in the town of Thomson, in said new county, and said place shall be one of the election precincts for said new county, so long as the county-site is located at said town of Thomson. Business of new co.where transacted. Sec. 8. All laws and parts of laws in conflict with this act are hereby repealed. Approved October 18, 1870.

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II.COUNTY LINES CHANGED. No. Act. 9. Line changed between Houston and Macon counties. 10. Line changed between Coweta and Meriwether counties. 11. Line changed between Randolph and Calhoun counties. 12. Line changed between Thomas and Colquitt counties. 13. Line changed between Stewart and Webster counties. 14. Line changed between Ware and Pierce counties. 15. Line changed between Lumpkin and Dawson counties. 16. Line changed between Cherokee and Pickens counties. 17. Line changed between Taylor and Talbot counties. 18. Line changed between Walton and Jackson counties. No. Act. 19. Line changed between Jackson and Banks counties. 20. Line changed between Macon and Sumter counties. 21. Line changed between Clinch and Coffee, and also, Terrell and Webster. 22. Line changed between Butts and Henry counties. 23. Line changed between Stewart and Quitman counties. 24. Line changed between Lowndes and Berrien counties. 25. Line changed between Lowndes and Brooks counties. 26. Line changed between Gilmer and Fannin counties. 27. Line changed between Dawson and Lumpkin counties. 28. Removal of site of Telfair county. (No. 9.) An Act to change the line between the counties of Houston and Macon. Section 1. The General Assembly of the State of Georgia do enact , That all of that portion of Macon county, north of the Columbus branch of the Southwestern Railroad, be added to the county of Houston, and said railroad shall be deemed and considered the line between the counties of Houston and Macon. Sec. 2. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 10.) An Act to change the line between the counties of Coweta and Meriwether. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the line between the counties of Meriwether and Coweta be so changed that lots of land, numbers thirty-eight and fifty-nine, in Meriwether county, be added to Coweta county, including the residence of Benjamin Simms. Co. line changed. Sec. 2. Repeals conflicting laws.

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(No. 11.) An Act to change the line between the county of Randolph and the county of Calhoun. Whereas, The residence of the two Mrs. Newberrys are situated upon lots of land numbers thirty-nine and forty in the fourth district of Randolph county, eighteen miles from the court-house of said county; and whereas, they live only five miles from the court-house of Calhoun county: Preamble. Section. 1. Be it enacted by the General Assembly of the State of Georgia , That the lines be so changed as to place lots of land No. 39 and No. 40, now in Randolph county, in the county of Calhoun. Sec. 2. Be it further enacted , That all laws or parts of laws militating against the provisions of this act are hereby repealed. This act became law by the lapse of five days from its receipt by his Excellency the Governor. (No. 12.) An Act to change the line between the counties of Thomas and Colquitt. Section 1. Be it enacted, etc. , That the line between the counties of Thomas and Colquitt be so changed as to add lot number one hundred and fifteen in the thirteenth district, now in the county of Thomas, to the county of Colquitt. Line changed between Thomas and Colquitt. Sec. 2. All laws and parts of laws conflicting herewith are hereby repealed. Approved October 24, 1870. (No. 13.) An Act to change the county lines between the counties of Stewart and Webster, and between the counties of Webster and Terrell. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the county line between the counties of Stewart and Webster be so changed and altered as to include the lands of N. C. Alston, and a part of the lands of the estate of M. P. Pickett, and the lands of J. B. Brooks, embracing the following lots, to-wit:

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numbers one hundred and forty-six, twenty-nine, thirty-eight and six, now in the county of Stewart, into the county of Webster. Line between cos. of Stewart and Webst'r changed. Sec. 2. Be it further enacted , That the line between the counties of Webster and Terrell be so changed as to include within the county of Terrell the residence of Dr. John T. Lamar, together with the lot of land on which he resides. Line between Webster and Terrell changed. Sec. 3. Be it further enacted , That all laws or parts of laws conflicting with this act be, and the same are hereby, repealed. This act became a law by the lapse of five days from its receipt by the Governor. (No. 14.) An Act to change the line between the counties of Ware and Pierce. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the lines between the counties of Ware and Pierce be so changed as to add Nos. 167, 202, 168, 170 and 200, in the fifth district of Ware, to the county of Pierce. Sec. 2. Repeals conflicting laws. This act became law by the lapse of five days from its receipt by the Governor. (No. 15.) An Act to change the line between the counties of Lumpkin and Hall. Section 1. Be it enacted, etc. , That the line between the counties of Lumpkin and Hall be so changed as to include the whole of lot No. 68, of the eleventh district of Hall, within the limits of the county of Lumpkin. Sec. 2. Be it further enacted , That all laws conflicting with this act be, and they are hereby, repealed. Approved October 24, 1870. (No. 16.) An Act to change the line between the counties of Cherokee and Pickens. Section 1. Be it enacted, etc. , That, from and immediately after the passage of this act, the line between the counties of Cherokee

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and Pickens be changed so as to add lots Nos. 200 and 201, in the thirteenth district and second section, to the county of Cherokee, said lots belonging to William B. Dowday. Sec. 2. Repeals conflicting laws. Became law by lapse of time. [Illegible Text] (No. 17.) An Act to change the line between the counties of Taylor and Talbot. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the line between the counties of Taylor and Talbot be so changed as to include the lands and residence of Allen McWalker, in the county of Taylor. Sec. 2. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 18.) An Act to change the county lines of Walton and Jackson counties. Whereas, D. R. R. Perkins, a resident of Jackson county, owns lands in said county, and also in the county of Walton, and is desirous of having them all in the county of Jackson: Preamble. Section 1. Be it enacted by the General Assembly of Georgia , That the county lines of the counties of Jackson and Walton be so altered and changed as to include the residence and all the lands owned by the said D. R. R. Perkins, in the county of Jackson. Sec. 2. Repeals conflicting laws. Approved October 24, 1870. (No. 19.) An Act to change the lines between the counties of Jackson and Banks, in this State. Section 1. The General Assembly of the State of Georgia enacts as follows , That, from and after the passage of this act, the lines between

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the counties of Jackson and Banks be changed as follows, to-wit: commencing at Mr. James Hollins, on the Harricon [Hurricane] Shoal Road, at the line of Banks and Jackson counties, in cluding his field; thence a straight line to General Thomas Anderson's, including all of his land; thence on a straight line to Adkins' Brick Store, on the Athens and Clarkesville road, including said store; thence up said road toward Clarkesville, to the line of Banks county, including all the lands in the above metes and bounds, and which is hereby added to the county of Banks, (which shall take effect on the first day of January, 1871.) Line between cos. of Jackson and Banks changedhow. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. This act became law by the lapse of five days from receipt by the Governor. (No. 20.) An Act to change the county line between the counties of Macon and Sumter. Whereas, There is some dissatisfaction among the citizens in the portion of Sumter county desiring to be cut off and added to the county of Macon; and whereas, such citizens have set forth their grievances in a petition to this General Assembly, praying such a change: Preamble. Section 1. Be it therefore enacted, etc. , That the line between the counties of Macon and Sumter shall be so changed as to take that portion from the county of Sumter, commencing at the mouth of Sweet Water Creek, and up said creek meandering to the line of the 29th district; thence to the original line of Macon county, and add such portion cut off to the county of Macon. Line between certain counties changed. Sec. 2. Repeals conflicting laws. Approved October 26, 1870. (No. 21.) An Act to change the line between the counties of Clinch and Coffee; also, between the counties of Terrell and Webster. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the line between the counties of Clinch and Coffee be

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so changed as to add lots of land Nos. 170 and 199, original seventh district of Clinch county, to the county of Coffee, it being the residence of John Hill; also, that the line between the counties of Webster and Terrell be so changed as to include within the county of Terrell the residence of Dr. John T. Lamar, together with the lot of land on which he now resides. Line betw'n Clinch and Coffee cos. chang'd Sec. 2. Be it further enacted , That all laws and parts of laws militating against the provisions of this act be, and the same are hereby, repealed. This act became law by lapse of five days from its receipt by the Governor. (No. 22.) An Act to change the lines between the counties of Butts and Henry. Section 1. Be it enacted, etc. , That the lines between the counties of Butts and Henry be so changed as to embrace in the county of Butts lots Nos. 126 and 91, now in the second district of Henry county. Lines changed. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 23.) An Act to change the line between the counties of Stewart and Quitman; to add a portion of Stewart to Quitman, and for other purposes. Section 1. Be it enacted, etc. , That the county line between the counties of Stewart and Quitman be so changed that lot of land No. 89, on which Wm. I. McCree lives, and lots of land Nos. 105, 106, and fifty acres of the southwest corner of lot No. 90, on which Wm. I. Brown lives, in the twenty-first district of Stewart county, be included in Quitman. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. This act became law by the lapse of five days from its receipt by the Governor.

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(No. 24.) An Act to change the line between the counties of Lowndes and Berrien. Section 1. Be it enacted, etc. , That the line between the counties of Lowndes and Berrien be, and the same is hereby, so changed as to include lots of land numbers five hundred and sixteen, five hundred and twenty-four, the east half of five hundred and twenty-three, all that part of lot number five hundred and twenty-two which lies within the mill-pond, or that may be overflowed by the waters of said pond, all of five hundred and twenty-one, except that part owned by John T. Carroll at this time, and on which the mill is situated, all of five hundred and twenty, except that part of said lot lying west of Alligator Creek, all of lot number five hundred and nineteen lying in Grand Bay, all of four hundred and ninety-three lying east of Alligator Creek, all of four hundred and ninety-two, except the tillable land on the south side of Mill Creek and in the southeast corner of the lot, all that part of lot number four hundred and ninety-one on which the middle saw-mill is situatedbounded by Carroll's land on the north of Mill Creek, east by James H. Carroll, and north by William Lambalso all of lot number four hundred and ninety, except that part owned by Jesse Carroll, the town lots of Allapaha and Mill Town that have been sold, together with twenty acres, more or less, sold to Jethro Patten, east of said town lots, all now in the tenth district of Berrien county, within the county of Lowndes. Line between cos. of Lowndes and Berrien changedhow. Sec. 2. Repeals conflicting laws. This act became law by the lapse of five days from its receipt by the Governor, without his approval. (No. 25.) An Act to change the line between Lowndes and Brooks counties. Section 1. Be it enacted, etc. , That the line between the counties of Lowndes and Brooks counties be, and it is hereby, so changed so as to make the east bank of Little River the line so far as lot of land number one hundred and seventy-eight, in the 12th district of originally, Irwin, is concerned, and no further. Line bet. Lowndes and Brooks changed. Sec. 2. Repeals conflicting laws. Approved October 27, 1870.

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(No. 26.) An Act to change the line between the counties of Gilmer and Fannin, and for other purposes. Section 1. Be it enacted , That the line between Gilmer and Fannin counties be changed as follows, to-wit: commencing at Bushy-head Gap, and from thence, running on a straight line to the present residence of William Burke, and thence on a direct line to the Baptist church, on Cherrylog Creek, on the main road leading from Ellijay to Morganton, and thence east to the original line. Line bet. Gilmer and Fanninhow chang'd Sec. 2. Be it further enacted , That the territory lying between this line and the original line be, and the same is hereby, added to the county of Fannin. Sec. 3. Be it further enacted , That all conflicting laws be, and the same are hereby, repealed. Approved October 27, 1870. (No. 27.) An Act to change the line between Dawson and Lumpkin counties. [A copy of this act was not furnished the printer.] (No. 28.) An Act to change the county-site of Telfair county from Jacksonville to a point on the Macon Brunswick Railroad, as near to the center of the county as practicable. Section 1. Be it enacted, etc. , That an election be held on the 20th, 21st and 22d days of December, 1870, at the several places of holding elections in the county of Telfair, for five commissioners, whose duty it shall be to select a suitable site on the Macon Brunswick Railroad, as near the center of said county as practicable, for the capital or county-site of said county of Telfair. Electionwhen and where held. For what. Sec. 2. Be it further enacted , That said election shall be conducted in all respects in accordance with the election laws of this State, and all persons entitled to vote for members of the House of Representatives of the General Assembly of this State shall be entitled

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to vote thereat, and that the managers of said election shall consolidate the vote, and certify to the Ordinary of said county the five persons having the highest number of votes; and it shall then be the duty of the Ordinary of said county to notify said persons of their election, who shall at once select the site, and notify the same to the said Ordinary. Electionhow conducted. Who may vote. Duty of managers. Sec. 3. Be it further enacted , That the Ordinary of said county be, and he is hereby, authorized to levy an extra tax, not exceeding fifty per centum upon the State tax, for the erection of suitable buildings for the court-house and jail of said county, should the funds in the county treasury not be sufficient to defray the expense of the erection of such buildings. Extra tax to be levied. Sec. 4. Be it further enacted , That upon such election being had, and such site selected, the place of holding courts and of transacting all the public business pertaining to the county site of a county be, and the same is hereby, removed from Jacksonville to the said site so selected. County-site removed. Sec. 5. And be it further enacted , That all laws inconsistent with this act be repealed. Approved October 25, 1870.

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TITLE V. COURTS. No. Act. Division ICRIMINAL 29, 30 Division IIDISTRICT Division IIISUPERIOR Division IVSUPREME I.CRIMINAL COURT. Section. 1. Amends act creating court, as to certain counties. Section. 2. Repeals act of 7th October, 1868. (No. 29.) 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 districts in which the county town is situated, and the militia district having one incorporated 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 county of Chattooga, Walker, Murray, Gwinnett and Polk, shall have equal jurisdiction with the officers mentioned in the first section of the act of which this is amendatory. Jurisdict'n of J. P. and N. P. extended to all the districts in certain counties. Sec. 2. Repeals conflicting laws. Approved October 27, 1870. (No. 30.) An Act to repeal an act entitled an act to organize a Criminal Court for each county in this State, assented to 7th of October , 1868, and the several acts amendatory thereof. Section 1. Be it enacted, etc. , That the above recited act, and the several acts amendatory thereof, be, and the same are hereby, repealed. Approved October 26, 1870.

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II.DISTRICT COURTS. Section. 1. Court organizedexcepted districts, name of courtdistrictjudge. 2. Appointment of Judge and Attorney, salaries of 3. Salaries of Judges and Attorneyhow raised. 4. Cherk of courtfees of officers. 5. Qualification of Judge and Attorney, oath, etc. 6. Terms of courtjurisdictiontime of holding. 7. Jurisdiction in criminal cases, etc. 8. A court of inquirywhen. 9. Accusationswhen in order for trial. 10. Council for accused, etc. 11. District Judge may use county jail. 12. Civil cases tried without jury. Section. 13. Certioraries to Superior Courthow. 14. Duty of District Attorney in certioraries. 15. Juries drawnsummonedtales jurors. 16. Oath and compensation of jurors. 17. Jurisdiction of Judge. 18. Court of recordwhere heldduties of Clerk. 19. Clerk to keep certain dockets. 20. Duties of District Attorney as to fines, etc.grand jurycharge of Judge. 21. Offenses below felony in Superior Courts may be tried in District Courtwhen and how. 22. County Criminal Courts abolished. (No. 31.) An Act to organize The District Court and define its jurisdiction, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That there shall be organized in each Senatorial District in the State, except 2, 3, 5, 6, 7, 15, 16, 27, 28, 31, 32, 33, 34, 38, 39, 40, 41, 42, 43 and 44 districts, a court, to be styled The District Court, the Judge of which shall be known as District Judge. For said court there shall be in each district a prosecuting officer, to be called District Attorney. District Court to be organized. Senatorial Districts excepted. Name and style. District Judge. Sec. 2. The District Judge and Attorney shall be appointed by the Governor, with the advice and consent of the Senate, and hold their offices for a period of four years. The District Judge and District Attorney shall receive salaries on the specie basis as follows, to-wit: in those districts where the population is under ten thousand, the salary of the District Judge shall be five hundred dollars, and that of the District Attorney shall be two hundred and fifty dollars. In those districts where the population is over ten thousand and under fifteen thousand, the salary of the District Judge shall be seven hundred and fifty dollars, and that of the District Attorney shall be three hundred and twenty-five dollars. In those districts where the population is over fifteen thousand and under twenty thousand, the salary of the District Judge shall be one thousand dollars, and that of the District Attorney five hundred dollars. In those districts where the population is over twenty thousand and under twenty-five thousand, the salary of the District Judge shall be twelve hundred and fifty dollars, and that of the District Attorney shall be six hundred and twenty-five dollars. In those districts where the population is over twenty-five

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thousand and under thirty thousand, the salary of the District Judge shall be fifteen hundred dollars, and that of the District Attorney shall be seven hundred and fifty dollars. In those districts where the population is over thirty thousand and under forty thousand, the salary of the District Judge shall be seventeen hundred and fifty dollars, and that of the District Attorney shall be eight hundred and twenty-five dollars. In those districts where the population is over forty thousand, the salary of the District Judge shall be two thousand dollars, and that of the District Attorney shall be one thousand dollars. Appointment of District Judge and Att'y. Salaries of Judges and Attorneys. Salaries of Judges and Attorneys to be raised by taxation. Sec. 3. There shall be levied in the several counties composing each Senatorial District such tax upon the taxable property returned therein as, together, will raise an amount sufficient to pay the salaries of the District Judges and Attorneys of said district, which shall be paid into the county treasuries of each county respectively, and by the County Treasurers paid to said officers in quarterly payments. Sec. 4. The Clerks of the Superior Courts of the several counties composing each Senatorial District shall be ex officio clerks of the District Court, to act in their respective counties; it shall be the duty of the Sheriff and his deputies to attend the sessions of the District Courts sitting in their counties, and execute any writs, process or order of the same, as in the Superior Court. The Clerks, Sheriffs and deputies, for services rendered in said courts, shall receive the same fees as now allowed by law for like services in the Superior Courts. Clerks of Superior Courts are ex officio Clerks Dist. Court. Fees of officers. Sec. 5. The District Judge, at the time of his appointments as such, shall be not less than thirty years of age, and have resided in the district for which he is appointed at least one year. The District Attorney, at the time of his appointment as such, shall have arrived at the age of twenty-one years, have been for one year a resident of the State, and for six months a resident of the district, and be a practicing lawyer. Before entering upon the discharge of their respective duties, the District Judge shall take the oath prescribed for Judges of the Superior Courts, and the District Attorney that for Solicitors-General. And such District Attorneys shall enter into a bond, with security to be approved by the District Judge, in the sum of one thousand dollars, payable to his Excellency the Governor, for the time being, and his successors in office, conditioned to pay over all moneys arising from fines and forfeitures, into the county treasury, as required by the terms of this act. Qualifications of District Judge. Of District Attorney. Oath. Bond of District Attorneys. Sec. 6. The District Judge shall hold his court in each county composing the district in which he is Judge, once in each month, for the trial of offenses, and for the hearing of applications for the eviction of trespasses, intruders and tenants holding over, for the partition of personal property, for the trial of possessory warrants proceeding under distress warrants and habeas corpus cases. The times at which said courts shall be held in each county shall be fixed by the District Judge, notice of which shall be given by publication

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in the gazettes in which Sheriff's sales are published for said counties for thirty days before the first sitting; the times for the sittings of this court shall not be changed by said Judges, except notice be given as hereinbefore provided. District Courts to be held once a month. Jurisdiction Time of holding court in each county Sec. 7. The District Court shall have jurisdiction to hear and determine all offenses not punishable with death or imprisonment in the Penitentiary, which shall be tried on written accusations, setting forth plainly the offense charged, shall be founded on affidavit containing the name of the accuser, and be signed by the District Attorney. The proceedings, after the accusation, shall conform to the rules governing in the Superior Court in similar proceedings, except there shall be no jury, unless demanded by the accused, in which case the jury shall consist of seven, to be selected as hereinafter provided. Extent of criminal jurisdiction. Accusations and affidavit Proceedings as in Superior Court. Jurieswhen allowed. Sec. 8. That if any offense is charged which is in the jurisdiction of the District Court, and upon the trial thereof it shall appear that the crime committed is of a grade beyond its jurisdiction, the trial thus begun shall be regarded as if before a court of inquiry, and be disposed of accordingly. District Court, court of inquirywhen. Sec. 9. That every accusation in the District Court shall be in order for trial at the session at which it is preferred, subject to continuance according to the rules of law as practiced in the Superior Courts; but it shall be the duty of the Judge to allow reasonable time to both parties to summon witnesses, and to the defendant to procure counsel. Trial of accusationswhen. Continuances. Sec. 10. That if the accused has no counsel, and is unable to employ counsel, it shall be the duty of the Judge to assign counsel to the accused and issue subp[UNK]nas for such witnesses for his defense, and, if necessary, to compel their attendance. Counsel for accused. Sec. 11. That the District Judge shall have power to use the county jail of the county in which the trial is had or judgment rendered for the detention of the accused parties, and for the punishment of those convicted of offenses, or guilty of contempt. Commitments by the District Judge shall be lawful warrants to the jailor and be by him obeyed. District Judge may use county jail. Sec. 12. All civil cases at the monthly sessions shall be tried by the Judge without the intervention of a jury, unless demanded by one of the parties to the record. Civil cases tried without jury. Sec. 13. Certioraris may be had under the sanction and order of the Judges of the Superior Courts of the circuit in the county in which the case is heard, in all cases, civil and military, heard at the monthly sessions, upon the petition in writing to said Judge, of the party complaining of error in ten days after the trial, with notice to the opposite party or his attorney; in criminal cases, to the District Attorney, which petition shall state the grounds of complaint, and give a brief of the material evidence, to be agreed upon by counsel or approved by the court, which writ of certiorari being delivered to the District Judge, it shall be his duty to send up to said Judge of the Superior Court, properly certified, a copy of the proceedings of the District Court in the case with a statement

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of the material evidence; and the Judge of the Superior Court shall hear and finally determine the same at chambers or the session of the Superior Court, as may, by him, seem proper. Upon hearing the return to the writ of certiorari in criminal cases, the Judge of the Superior Court may either grant a new trial or pass such judgment or sentence as, in view of the whole case, is consistent with justice. Upon notice to the District Judge of the application by a defendant in a criminal case for a writ of certiorari , the sentence shall be suspended for ten days, and if the writ be issued, then until the same is decided. Certioraris. Return of proceedings Judges of the Superi'r Court may grant new trialwhen Writ of certiorari operates as supersedeas. Sec. 14. When any criminal case is carried up by certiorari , it shall be the duty of the District Attorney to prosecute the same for the State in the Superior Court. Duty of Dist. Att'y. Sec. 15. As soon as practicable after the appointment and qualification of the District Judges, it shall be their duty severally to procure a list of persons selected for jurors for the Superior Courts in the counties composing the several districts, and placing the names on separate slips deposit them in a jury-box, to be provided by them for their courts in each county of their districts, which names shall constitute the list from which the juries for their courts shall be drawn. At every fourth monthly session of their courts, it shall be the duty of the District Judge to draw from said box the names of twelve persons, who shall be summoned by the Sheriff, or his deputy, to serve as jurors at the next three succeeding monthly sessions of the court, from which twelve persons, if in attendance at the next term of the court, a jury of seven shall be drawn for the trial of all cases at said session, and the next two succeeding. If, from any cause, there be not seven of the said twelve persons so summoned, as aforesaid, present at the said session, the District Judge shall cause to be summoned a sufficient number of tales jurors, who shall have been selected as qualified jurors in said county to make up the jury of seven. Jurieshow drawn, summoned, etc. Tales jurors Sec. 16. The jurors serving in the district shall take the same oath as is provided for like jurors in the Superior Court, and they shall be paid in the same manner. Oath and compensation of jurors. Sec. 17. The District Judge shall have authority within his district to issue, hear and determine bail process in civil cases, admit to bail in criminal cases, issue attachments, foreclose mortgages on personal property, issue warrants of distress for rent, issue possessory warrants, writs of habeas corpus , the enforcement of statutory liens and other writs or warrants authorized by law and not within the exclusive jurisdiction of some other court or office. He may attest contracts or deeds of registry, administer oaths and exercise all the powers of a Justice of the Peace in matters civil and criminal, and issue warrants requiring offenders to be brought before some other Judge or Justice; but he shall not sit singly or in conjunction with others as a court of inquiry. Powers of Dist. Judge. Sec. 18. The District Court shall be a court of record; it shall be held at the court-house of each county. It shall be the duty of the Clerk to keep the minutes of the court and record its proceedings

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and issue its orders and processes as in the Superior Court. Is a [Illegible Text] of recordwhere held. Sec. 19. The Clerk of the court shall keep a subp[UNK]na docket, a docket for civil cases generally, a criminal docket and execution docket. Clerk must keep certain dockets. Sec. 20. It shall be the duty of the District Attorney to give prompt attention to the collection of all fines and forfeitures, and to pay the same over to the Clerk, who shall enter a receipt therefor on the minutes of the court. The Clerk shall pay all such sums of money over to the County Treasurer, taking his receipt therefor, in a book to be kept for that purpose; and the grand jury shall at each term of the Superior Court carefully examine the records of the District Court as to the matter of fines and forfeitures, ascertain whether or not the same have been duly collected and paid over in accordance with the requirements of this section, and report the result of their examination in their general presentments; and the Judge of the Superior Court shall, at each term of the court, give this section of the law in charge to the grand jury. Duties of Dist. Att'y as to collection of fines Grand Jury to examine records. Charge of Judge to grand jury. Sec. 21. And be it further enacted , That whenever a prosecution shall be found in any of the Superior Courts against any person for any offense not punishable by death, or confinement in the Penitentiary, the same may be tried in the said District Court, at the discretion of the presiding Judge of the Superior Court: Provided , That the accused shall consent, in writing, to be tried upon the prosecution found in the Superior Court, upon the same being transferred to said District Court; and the Clerk of the Superior Court shall transfer all papers in the case. Cases below felony may be transferred from Superior to Dist. Court. Proviso. Sec. 22. That all laws giving Justices of the Peace and Notaries Public ex officio Justices of the Peace jurisdiction in criminal cases be, and the same are hereby, repealed. And this act shall go into effect on the first day of January next. County Criminal Court abolished. Sec. 23. All laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 28, 1870.

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III.SUPERIOR COURTS. No. Act. Division INEW JUDICIAL CIRCUITS CREATED 32, 33 Division IITIME FOR HOLDING CHANGED I.NEW JUDICIAL CIRCUITS. No. Act. 32. Two new Judicial Circuitsstyle ofcounties composing. No. Act. 33. Augusta Judicial Circuit created. (No. 32.) An Act to create and organize two new Judicial Circuits out of the counties composing the Southwestern, Brunswick and Southern Circuits, and to provide for the appointment of Judges thereof, and for other purposes. Section 1. Be it enacted, etc. , That, from and after the passage of this act, there shall be created and organized two new Judicial Circuits in this State, to be called the Albany Circuit and the Allapaha Circuitthe first to be composed of the counties of Dougherty, Calhoun, Baker, Decatur, Mitchell and Worth, and the latter to be composed of the counties of Lowndes, Echols, Clinch, Coffee and Ware. Two new circuits created. Names ofof what co's composed. Sec. 2. Be it further enacted , That there shall be appointed by the Governor, for the term prescribed by the Constitution, and to be confirmed by the Senate, a Judge of the Superior Court for each of said new circuits, and a Solicitor-General for said Allapaha and Southwestern Circuits. Judge. Sol.-Gen. Sec. 3. Be it further enacted , That courts shall be held in each county at the time now prescribed, except Lowndes, which shall be held the first and second weeks in June and December of each year, beginning on the first Monday in each of said months, and jurors shall be drawn accordingly. Courtswhen held. Sec. 4. Be it further enacted , That R. H. Whiteley, the present Solicitor-General of the Southwestern Circuit, be, and he is hereby, declared to be the Solicitor-General for said Albany Circuit, for and during the time for which he was commissioned for said Southwestern Circuit. Who is Sol.-Gen. of Albany Circuit. Sec. 5. Be it further enacted , That until such appointments and confirmations, the Judge of the Superior Courts and the Solicitors-General of the Southwestern, Brunswick and Southern Circuits, shall continue to discharge the duties now resting upon them in their respective counties, from which the aforesaid new circuits are made, for said counties. Former Judge and Sol.-General to discharge duties until when.

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Sec. 6. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 17, 1870. (No. 33.) An Act to authorize a new Judicial Circuit to be composed of the counties of Columbia, Richmond, Burke and McDuffie; and other purposes. Section 1. The General Assembly of Georgia do enact , That, from and immediately after the passage of this act, there shall be organized a new Judicial Circuit from the counties of Columbia, Richmond, Burke and McDuffie, to be called the Augusta Circuit. Augusta Judicial Circuit created. Sec. 2. That there shall be appointed by the Governor for the term prescribed by the Constitution, and to be confirmed by the Senate, a Judge of the Superior Court for said district, and a Solicitor-General. Appointm't of Judge and Solicitor. Sec. 3. That until such appointment and confirmation, the Judges of the Superior Courts and Solicitors-General of the Middle Circuit shall continue to discharge the duties now resting upon them by law for said counties. Judge and Solicitor of Middle Circuit. Sec. 4. That the Superior Courts shall be held in said counties at the times now prescribed by law, except in Columbia county, which shall be held on the first Monday in November and May; that said courts shall hold their sessions as long as the business of the court shall require it; that grand and special jurors shall be drawn for each court as follows: Columbia one week, Richmond four weeks, Burke two weeks, and McDuffie one week; that whenever the business of the court cannot be disposed of within the time allowed, it is hereby made the imperative duty of the Judge to order an adjourned term, or terms, at such time and for such length as to him shall seem requisite and necessary for him to finish up the business of the court for which the necessary grand and special jurors shall be drawn and summoned. Time of holding Super'r Courts in Augusta Circuit. Jurors. Judge may order adjourned termwhen Sec. 5. That the counties of Montgomery and Tatnall be taken from the Eastern Circuit and added to the Middle Circuit, and take the county of McIntosh from the Eastern Circuit and add to the Brunswick Circuit. Montgomery and Tatnall counti's transferred to the Middle Circuit. Sec. 6. That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870.

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II.TIME FOR HOLDING CHANGED. No. Act. 34. Spring term ofwhen held in Bryan county. Spring term ofwhen held in McIntosh county. Fall term ofwhen held in said counties. Fall term ofwhen held in Effingham county. Processes, etc., to said courts made valid. 35. Counties added to Southwestern Judicial Circuit. Solicitor-General to be appointed, etc. 36. In Macon Circuitwhen held in certain counties of. Drawing jurors. 37. Glascock county transferred from Northern to Middle Circuit. 38. Time for holding in Atlanta Circuit changed. Returns tosuitors, jurors, etc. No. Act. 39. Certain acts of Clerks of Atlanta Circuit legalized. Adjournments Fulton Superiorlegalized. 40. Time for holding in Worth county. 41. Time for holding in Wayne county. 42. Time for holding in Houston county. 43. Adjournment of Lumpkin Superiorlegalized. 44. Time for holding in county of Marion. 45. Time for holding in Paulding county. Returns tohow made. Act takes effectwhen. 46. Time for holding in Wilkes county. 47. Time for holding in Rabun county. 48. Time for holding in county of Morgan. (No. 34.) An Act to change the time of holding the Superior Courts of certain counties therein named in the Eastern Circuit. Section 1. Be it enacted, etc. , That the spring term of the Superior Court of the county of Bryan be changed to and held on the fourth Monday in April; that the spring term of the Superior Court of the county of McIntosh be changed to and held on the Tuesday after the second Monday in April; and the fall term of the Superior Court of said county of McIntosh be changed to and held on Tuesday after the fourth Monday in November; and that the fall term of the Superior Court of the county of Effingham be changed to and held on the second Monday in November. Spring term Sup'r Court of Bryanwhen held. Of McIntoshwhen held. Sec. 2. Be it further enacted , That all writs, processes and other matters made returnable to the present sittings of either of said courts be as good and as effectual as if no change in the time of holding said court had been made as herein provided. Processes to said courts made valid Sec. 3. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 18, 1870.

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(No. 35.) An Act to add certain counties therein mentioned to the Southwestern Judicial Circuit, and to appoint a Solicitor-General thereof, and for other purposes. Section 1. The General Assembly of Georgia do enact , That, from and after the passage of this act, the counties of Schley, Webster and Macon be, and the same are hereby, added to and made part of the Southwestern Judicial Circuit, and that the said Southwestern Circuit shall be composed of the counties of Sumter, Lee, Schley, Webster and Macon, any law to the contrary notwithstanding. Sec. 2. That there shall be appointed a Solicitor-General for said circuit, and that the Solicitor heretofore appointed for the Southwestern Circuit be, and he is hereby, retained in office as Solicitor for the Albany Circuit during the term of his appointment as aforesaid. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 18, 1870. (No. 36.) An Act to change the time of holding the Superior Courts of the Macon Circuit, and for other purposes. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the several Superior Courts of the Macon Circuit shall be held as follows: Dooly Court shall be held on the first Mondays of October and April in each and every year; Crawford, on the second Mondays of October and April; Twiggs, on the third Mondays of October and April; Bibb, on the fourth Mondays of October and April; Macon, on the first Monday in December and third Monday in May; and Houston, on the second Monday in December and fourth Monday in May. Superior Courts in Macon Circuit. When held in Dooly. In Crawford In Twiggs. In Bibb. In Macon. In Houston. Sec. 2. And be it further enacted by authority of the same , That the Judge of said circuit may draw two or three panels of jurors, as the business of the courts may, in his opinion, require. Jurors to be drawn. Sec. 3. And be it further enacted by authority of the same , That all acts and parts of acts militating against this act be, and the same are hereby, repealed. Approved September 2, 1870.

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(No. 37.) An Act to change the county of Glascock from the Northern to the Middle Judicial Circuit. Section 1. Be it enacted, etc. , That the county of Glascock be taken from the Northern Judicial Circuit, and be annexed to the Middle Judicial Circuit of said State, and that the time of holding said Superior Court in said Glascock county be so changed and altered as to be held on the second Monday in March and September of each year. Glascock taken from Northern and annex'd to Middle Circuit. Sec. 2. Be it enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 12, 1870. (No. 38.) An Act to change the times of holding the Superior Courts of the Atlanta Circuit. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, the Superior Courts of the several counties of the Atlanta Circuit shall be held as follows: in Clayton county on the first Mondays in March and September; in DeKalb county on the fourth Mondays in March and September, and in Fulton county on the second Mondays in April and October in each year. Time for holding Super'r Courts in Clayton. In Dekalb. In Fulton. Sec. 2. Be it enacted, etc. , That all bills, petitions, writs, precepts, processes, summonses and other proceedings issued and returnable to the several Superior Courts in said counties respectively, at the times now fixed by law, be held to be returnable to the first terms to be held in pursuance of this act, and that all suitors, jurors, witnesses, and other persons who may be bound to attend said courts, be required to attend them at the times now fixed by this act, without other or further notice. All returns in said co's legalized. Suitors jurors, etc. Sec. 3. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved September 2, 1870.

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(No. 39.) An Act to legalize the processes issued by the Clerks of the Superior Courts of the Atlanta Circuit, and for other purposes. Section 1. Be it enacted, etc. , That all processes issued by the several Clerks of the Atlanta Circuit, since the resignation of John D. Pope, or that may be issued before the appointment of a Judge for said circuit, whether issued in the name of said Pope or some other Judge of a Superior Court of this State, are hereby declared to be as valid, to all intents and purposes, as if issued in the name of, under and by authority of, a duly commissioned Judge of said circuit. Processes, etc., issued by certain Clerks legalized. Sec. 2. Be it enacted, etc. , That the adjournment of the Fulton Superior Court to the fourth Monday in July, 1870, is hereby declared to be valid, and said adjourned term may be held by any Judge of a Superior Court of this State, on that day, or upon any future day to which any such Judge may adjourn the same. Adjournment Fult'n Sup'r Court legalized. Sec. 3. Repeals conflicting laws. Approved September 15, 1870. (No. 40.) An Act to change the time for holding the Superior Courts of Worth county. Section 1. The General Assembly do enact , That, from and after the passage of this act, the time for holding the Superior Courts of Worth county shall be changed from the third Monday in April to the fourth Monday in May, and from the third Monday in October to the fourth Monday in November. Sup'r Court of Worthwhen held. Sec. 2. That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 41.) An Act to change the time of holding the Superior Courts for the county of Wayne. Section 1. Be it enacted, etc. , That, from and after the first day of January next, the time of holding the Superior Courts of the county of Wayne shall be on the third Mondays in March and September of each and every year. Time for holding Sup'r Court of Wayne.

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Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 42.) An Act to change the time of holding the Superior Courts in the counties of Houston, Twiggs and Catoosa. Section 1. The General Assembly of the State of Georgia do enact , That the time for holding the Superior Courts in the county of Houston shall be changed from the third Monday in August to the third Monday in September; and the time for holding the Superior Courts in the county of Twiggs shall be changed from the fourth Monday in September to the fourth Monday in October of each and every year; and the Superior Courts of Catoosa county shall be held on the first Mondays in March and September in each year, instead of the second Mondays in February and August, as now held. Sup'r Court of Houstonwhen held. Sec. 2. That all writs, processes, and other proceedings returnable to said Superior Courts, are hereby returnable to the courts as provided by this bill. Sec. 3. Repeals conflicting laws. Approved August 20, 1870. (No. 43.) An Act to legalize the adjournment of the Superior Court of Lumpkin county. Whereas, The September term 1870, of Lumpkin Superior Court, was adjourned over from first Monday in September, 1870, to the second Monday in November next thereafter, under circumstances which might give rise to a doubt as to the legality of said adjournment, and it being important that said adjourned term should be held: therefore Preamble. Section 1. Be it enacted, etc. , That the adjournment of Lumpkin Superior Court from the first Monday in September, 1870, to the second Monday in November next thereafter, be, and the same is hereby, declared legal and valid; and an adjourned term of said

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Superior Court shall be held on the second Monday in November, 1870, and all business transacted at the said adjourned term shall have the same force and validity as if done at a regular term of said court. Adj'rnment of Lumpkin Sup'r Court legalized. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 22, 1870. (No. 44.) An Act to change the time of holding the Superior Court for the county of Marion. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the Superior Court for the county of Marion shall be held on the third Monday in April and October, instead of the first Monday in March and September of each year. Sec. 2. Be it further enacted , That all acts conflicting with this act be, and the same are hereby, repealed. Approved August 23, 1870. (No. 45.) An Act to change the times of holding the Superior Courts of Paulding county, Georgia, and to legalize the return of writs and other processes to said courts, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the times of holding the Superior Courts of Paulding county, in said State, be, and the same are hereby, changed from the third (3d) Mondays of March and September to first (1st) Mondays in February and August in each year. Terms Sup'r Courtwhen held in Paulding Sec. 2. Be it further enacted by the authority aforesaid , That all writs, processes and other proceedings that are now returnable to the third (3d) Monday in September next of said court, or that may be made returnable to the third (3d) Monday of September next of said court, be, and the same are hereby, made returnable to the first (1st) Monday in February next of said court. Returnshow made. Sec. 3. Be it further enacted by the authority aforesaid , That this act shall take effect from its passage. Sec. 4. Be it further enacted by the authority aforesaid , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed.

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(No. 46.) An Act to change the time of holding the Superior Courts of Wilkes county, Georgia. Section 1. Be it enacted, etc. , That, from and after this date, the Spring term of the Superior Court of Wilkes county shall be held on the first Monday in May in each year, and the Fall term of said court shall be held on the first Monday in November of each year, and said terms may continue, each, for the space of one week, or longer if necessary, for the transaction of business. The next Fall term to be held at the time herein designated. Spring term Sup'r Court in Wilkeswhen held. Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 12, 1870. (No. 47.) An Act to change the time of holding the Superior Courts in the county of Rabun. Section 1. The General Assembly do enact , That, from and after the passage of this act, the Superior Courts for the county of Rabun be held on the first Mondays in April and October, as prescribed by the Code of Georgia. Rabun Sup'r Court Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 28, 1870. (No. 48.) An Act to change the time of holding the Superior Courts of the county of Morgan. Section 1. Be it enacted, etc. , That, after the passage of this act, the time for holding the Superior Courts of the county of Morgan shall be changed from the first Monday in May and the first Monday in November, to the first Monday in March and the first Monday in September, in each year. Sup'r Court in Morganwhen held. Sec. 2. Repeals conflicting laws. Approved October 18, 1870.

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IV.SUPREME COURT. No. Act. 49. Time for holding changed. 50. To regulate practice in Supreme Court. No. Act. 51. Reporter to publish decisions. 52. Requiring distribution of Supreme Court Reports. (No. 49.) An Act to change the time for holding the Supreme Court of this State. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the terms of the Supreme Court of this State shall begin on the third Monday in January, and the first Monday in July, of each year. Time for holding Supreme Court. Sec. 2. Be it further enacted , That all cases that have been returned to, or that stand for trial at, the next December term shall be tried or disposed of at the next January term of said court. Cases return'd stand for trialwhen. Sec. 3. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 50.) An Act to regulate the practice in the Supreme Court in certain particulars. Section 1. Be it enacted by the General Assembly , That no case shall be dismissed in said court for want of the certificate of the Clerk of the Superior Court to, or the time of the transmission of the record, within the time now prescribed by law: Provided , Said record arrives at said Supreme Court in time to be heard at the term to which it is by law returnable. Supreme Court shall not dismiss. Proviso. Sec. 2. That if a case has been transmitted in time to reach the Clerk of the Supreme Court twenty days before the first day of the term, but does not, either party may, on the first day of the term, but does not, either party may, on the first day of the term, if the record has arrived, move the court to have it entered and heard in its order at that term, and if the court shall be satisfied it was so transmitted in time, or if not transmitted in time, it was by reason of the act of the defendant in error to produce delay, or tending to produce delay, the motion shall be granted. When papers do not arrive in time, either party may move to be heard. When motion grant'd

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Sec. 3. The brief of evidence, on motion for new trial, filed and approved according to law, is hereby declared to be a part of the record of the case to which it applies, and need not, except by reference thereto, be embodied in the bill of exceptions. Brief of evidence part of record, etc. Sec. 4. That no rule of said Supreme Court shall have the effect to dismiss any case as a penalty, upon counsel or client, for non-compliance with any rule or rules of said court, where there has been a substantial compliance with the laws prescribing the method of bringing cases to said court; but the penalty for a violation of such rules shall be as for a contempt under the provisions of the Georgia Code now of force. Shall not dismiss as penaltywhen. Contempt. Sec. 5. That when a cause shall be for hearing, before said court, and there are parties besides the plaintiffs and defendants, whether shown by the record or not, who have a direct interest in its result, the court shall allow such other parties to appear by counsel on equal terms with the parties directly before the court: Provided , Said interest is made to appear. Third parties may appear upon equal terms Sec. 6. That when the counsel on either side shall apply to the court for an extension of the time in argument beyond the time prescribed by the rules, and said counsel shall state in his plea, or on oath, in the discretion of the court, that he, or they, cannot do the question or questions involved justice within the prescribed time, and that, for said purpose, it will require additional time, stating how much, in his judgment, it will so require, the court shall grant such request. Duty of counsel. Sec. 7. That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 28, 1870. SUPREME COURT DECISIONS. 1. If a brief of the oral and copy of the written testimony in the case be not incorporated in the bill of exceptions, or be not attached to the bill of exceptions as an exhibit, when it is presented to the Judge for his certificate, and identified as true by the signature of the Judge thereupon, the writ of error will be dismissed. Though the brief of evidence come here certified by the Clerk as part of the record, it is no part of the record. Part 1, Vol. 40, Ga. R., p. 446. 2. If a record reach this court, and be lost before the case is entered upon the docket, a copy may be established here instanter , and the case will be docketed as if the record had not been lost. Ibid. 3. The motion to dismiss the writ of error because the evidence was not in the bill of exceptions, movant stating that he waited until after the reading, that the court might understand the objection. Ibid. For equity practice, see Revised Code, from section 4116 to 4165, inclusive.

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(No. 51.) An Act to amend 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, etc. , That section sixth of 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, approved October 6, 1868, be so amended as to include volumes thirty and and thirty-one of the Supreme Court Reports of this State. Sec. 2. Repeals conflicting laws. Vols. 30 and 31 to be finished. Approved October 12, 1870. Section 6th of the act of October 6, 1868, requires Governor to purchase pamphlet copies of Supreme Court decisions subsequent to Vol. 31st, etc. See acts of 1868, p. 196. (No. 52.) An Act to alter and amend the laws requiring the distribution of Supreme Court Reports, and for other purposes. Section 1. Be it enacted, etc. , That, from and after the delivery by the Reporter of the Supreme Court of volume forty, current series, said Reporter shall be required to deliver said reports in bound volumes, in lieu of the pamphlets heretofore authorized; and that said Reporter shall receive the sum of five dollars per volume, bound as aforesaid. Reporter of Supreme Court to deliver vols. bound. Remuner ation for. Sec. 2. Be it further enacted, etc. , That it shall be lawful for the Treasurer to advance to said Reporter such sums, not exceeding three-fourths of the value of such portion of the volume as may be printed, whenever said Reporter shall certify on oath that such portion has been printed, taking a receipt for the sum or sums thus advanced, which shall be his voucher, and an off-set to the Executive warrant for the payment of the complete volume. Advance to, etc. Sec. 3. Be it further enacted, etc. , That payment for the reports aforesaid, and expenses for distributing the same, shall hereafter be made out of moneys in the treasury not otherwise appropriated. Out of what fund paid. Sec. 4. All laws and parts of laws in conflict with this act are hereby repealed. Approved October 19, 1870.

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TITLE VI. EDUCATION Section. 1. State board organizedname. 2. Meeting of boardtime and place. 3. Powers of board enumerated. 4. Description of seal, etc. 5. School books. 6. Annual report of board. STATE SCHOOL COMMISSIONER. 7. Appointment and duties of. 8. Official oath. 9. Commissioner shall make rules, etc. 10. Shall visit Senatorial Districts. 11. Apportionment of school funds. 12. Commissioner's annual report. 13. Contents of report. 14. Salaries, etc. COUNTY BOARD. 15. School districts and sub-districts. 16. Election, etc., of county board. 17. Meetingpresident and secretary of, etc. 18. County boardsessions, etc. 19. Duties of such board. 20. Style of, etc. 21. General powers. 22. Examination of teachers, etc. 23. County commissionerduties, etc., of. 24. Shall keep journal, etc. 25. Further duties of. 26. Annual enumeration. 27. Compensation of, etc. SCHOOL DIRECTORS, OR TRUSTEES. Section. 28. When electedterm, etc. 29. Vacancies. 30. Duties of trustees, etc. 31. Building school-houses, etc. 32. Separate school for whites and colored. 33. Annual enumeration, etc. 34. Duties of trustees. TEACHERS. 35. Duties ofaccounts of audited, etc. 36. School property exempt from levy, etc. 37. Organization of sub-districts. 38. Schools of higher grades, etc. 39. Evening schools. 40. Continuation of schools, etc. 41. County school fundhow kept. AMBULATORY SCHOOLS. 42. Described, etc. 43. Common school fundhow raised. 44. Manual schools. 45. Private contracts not affected. 46. Sectarian books. 47. Digest of laws. 48. Comptroller-General's duty. 49. School fund deposited. 50. How kept, etc. 51. Certain moneys loaned by the Treasurer to be refunded. (No. 53.) An Act to Establish a System of Public Instruction. Section. 1. Be it enacted by the General Assembly of the State of Georgia , That the Governor, the Attorney-General, the Secretary of State, the Comptroller-General and the State School Commissioner shall constitute a board to be denominated The Georgia State Board of Education. Of this board the State School Commissioner shall be the chief executive officer. The clerk of the State School Commissioner, as hereinafter provided for, shall be

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the clerk of the State Board of Education. He shall have the custody of its records, papers and effects, and keep minutes of its proceedings: Provided , That such records, papers and effects, and minutes, shall be kept at the office of the Commissioner, and shall be open for inspection. State Board of Educat'n how organized. Name and style. Proviso. Sec. 2. And be it further enacted , That the said board shall meet upon the call of its president, or a majority of its members, who shall constitute a quorum, at the office of the State School Comsioner, at the capital, or at such other places as may be designated in the call. Meeting of boardwhen and where held. Sec. 3. And be it further enacted , That the board may take and hold, to it and its successors, in trust for the State, any grant or devise of lands, and donation or bequest of money, or other personal property, made to it for educational purposes, and shall, forthwith, pay over to the Treasurer of the State for safe keeping all money and personal property so received, taking therefor a receipt from said officer. The General Assembly may, from time to time, invest such money in the name of the State: Provided , That all money so obtained for educational purposes, with the profits accruing from its investments, shall be subject for final use only for educational purposes in the State. The State Treasurer shall pay to the order of the board the income and principal thereof, as it from time to time may require, consistent with law; but no disposition of any devised donation or bequest shall be made inconsistent with the condition or terms thereof. For the faithful keeping of all property so received by the Treasurer, he shall be responsible, upon his bond, to the State, as for other funds received by him in his official capacity. Powers. Proviso. Sec. 4. And be it further enacted , That the State Board of Education shall devise, adopt and procure a seal, on the face of which shall be the words, Department of Education, State of Georgia, and such other device or motto as the board may direct, an impression and written description of which shall be recorded in the minutes of this board, and filed in the office of the Secretary of State, which seal shall be used for the authentication of the acts of the board, and the important acts of the State School Commissioner. Seal. Descripti'n of seal. Sec. 5. And be it further enacted , That the State Board of Education shall prescribe, from time to time, what text-books and books of reference shall be used in the common schools of the State: Provided , That the Bible shall not be excluded from the public schools of this State. Books for use of schools. Sec. 6. And be it further enacted , That the State Board of Education shall, within five days after the meeting of each and every annual session of the Legislature, lay before that body an account in detail of all the doings of said board, with such observations upon the condition and efficiency of the system of popular education, and such suggestions as to the most practicable means of extending and improving it, as the experience and reflection of the board may dictate. Annual report to Legislature.

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STATE SCHOOL COMMISSIONER. Sec. 7. And be it further enacted , That the State School Commissioner shall be appointed by the Governor and confirmed by the Senate. He shall be charged with the administration of the system of public instruction and a general superintendence of the business relating to the common schools of the State, and of the school funds and school revenues set apart and appropriated to their support. A suitable office shall be furnished him at the seat of government, at which the books, papers and effects relating to the business of said office shall be kept, and there he shall give reasonable attendance to the business and duties of the office. He shall render an opinion in writing to any school officer asking the same, touching the administration or construction of the school law. State School Commissionerby whom appointed. Duties. Must give opinion in writing. Sec. 8. And be it further enacted , That before entering upon the exercise of his official duties, the said Commissioner shall take and subscribe to the same oath required of other officers of this State. Oath of office. Sec. 9. And be it further enacted , That he shall prescribe suitable forms and regulations for making all reports and conducting all necessary proceedings under this act, and shall cause the same, with such instructions as he may deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith: Provided , That appeals may be made from the State School Commissioner to the State Board of Education, whose decision on all matters relating to the schools shall be final. School Commissioner shall make rules. Sec. 10. And be it further enacted , That it shall be the duty of the Commissioner to visit as often as possible the several Senatorial Districts, to examine into the administration of the school law in said districts, and to counsel with the school officers, and do such other acts as may be deemed best to subserve the interest of popular education. School Commissioner shall visit Senatorial Districts for what purpose. Sec. 11. And be it further enacted , That it shall be the duty of said Commissioner to apportion equitably the revenue to be raised as hereinafter provided, to the different school districts of the State, upon the basis of the aggregate of youths between six and twenty-one years of age in each district; and he shall draw his warrant upon the Treasurer of the State for the sum belonging to each county according to said apportionment. He shall see that the money to be used for the purposes of education is not misapplied, and that the proper actions provided by law are brought against all officers and agents of the system who are liable to the same. Apportionment of School fund. Sec. 12. And be it further enacted , That it shall be the duty of said Commissioner to, at the same time with the State Board of Education, make an annual report in each and every year to the General Assembly, and he shall have power to require of local boards of education, trustees or other school officers, and of clerks and treasurers

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of counties, recorders and treasurers of cities and villages, copies of all reports by them required to be made, and all such other information in relation to the fund and condition of schools, and the management thereof, as he may deem important. Annual report to the General Assembly. Sec. 13. And be it further enacted , That the State Commissioner, in the annual report of his labors and observations, shall present a statement of the condition and amount of all funds and property appropriated to the purposes of education; a statement of the number of common schools of the various grades in the State; the number of scholars attending such schools, their sex, color and the branches taught; a statement of the number of select and private schools in the State, so far as can be ascertained, and number of scholars attending such schools, their sex and the branches taught; the total number of children of school age in the State, so near as can be ascertained; a statement of the estimates and accounts of the expenditures of the public fund of every description; a statement of plans for the management and improvement of common schools, and such other information relative to the educational interest of the State as he may think important. Shall report amount and state of School fund Number of schools and scholars, etc Estimate of expenditures. Sec. 14. And be it further enacted , That the said Commissioner shall be entitled to receive for his services the sum of $2,500 annually, in quarterly installments, from the School Fund of the State; and all his necessary traveling expenses, incurred in the performance of his official duties, and all postage and other expenses, absolutely necessary, arising in his office; shall be paid out of the School Fund. He shall keep an itemized account of all expenses connected with his department, which account shall be audited by the State Board of Education. He shall be allowed one clerk, at a salary not to exceed $1,200, to be paid out of the School Fund. Salary of Commissioner. Account of expenses. Clerksalary of. COUNTY BOARD OF EDUCATION. Sec. 15. And be it further enacted , That hereafter each and every county in the State shall compose but one school district for all purposes connected with the general interest of education in the county, and shall be confided to the management and control of a board of education, and the several school districts or fractional parts thereof, which now are, or may be hereafter, established in the several counties of the State, shall be regarded as sub-districts and be confided to the management and control of local directors as hereinafter provided. School districts. Sub-districts. Sec. 16. And be it further enacted , That the county board of education shall consist of one person from each militia district, and one person from each ward in any city in the county, and one from each incorporated town, who shall be elected by the legal voters of said district, ward or incorporated town, at some suitable place designated therein; and the term of office of said board shall be two years, or until successors are elected, the first election for which shall be on the first Saturday in January, 1871, and on the same day every second year thereafter. County board of educationhow organized. By whom elected. Term of office. Electionwhen held.

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Sec. 17. And be it further enacted , That they shall meet on the first Tuesday of the month succeeding that of their election, at the court-house of their respective counties, which place shall be thereafter the regular place of meeting of said board, and organize by electing one of their members president, and a secretary, which last mentioned officer shall also, by said election of the board, become the county school commissioner. A majority of the board shall constitute a quorum for the transaction of business. It shall be the duty of said secretary to be present at the meeting of the board, and to record in a book to be provided for the purpose all their official proceedings, which shall be a public record, open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the president and secretary. Meeting of co. board. President and secretary elected. Secretary is county commissioner. Duties of Secretary. Sec. 18. And be it further enacted , That it shall be the duty of the county board of education to hold regular sessions on the first Tuesday of the month succeeding their election, and regularly thereafter each three months at the court-house of the county, for the transaction of business which may be necessary in relation to the subject of either the primary or graded schools of the county, with power to adjourn from time to time. In case of the absence of the secretary, they may appoint one of their own number to serve temporarily as clerk. Regular sessions of co. boardswhen held. Absence of Secretary. Sec. 19. And be it further enacted , That the county board of education first constituted under this act shall, at their first meeting, proceed to carefully lay out and describe sub-districts, as hereinafter mentioned, throughout their respective counties. The said board and their successors in office shall prepare, or cause to be prepared, a map of their district as often as they may deem necessary, on which shall be designated the sub-districts of their districts, which they may change or alter at any regular session, and the number of scholars assigned to each, but no sub-district shall contain within its limits less than thirty pupils resident, by enumeration, except where, in the opinion of the board, it is necessary to reduce the number, as in cases hereafter provided for in ambulatory schools; and it shall be the duty of the board to establish a school in each sub-district, of such grade as the public good, in their opinion, may require; and in the location of primary schools, or schools of higher grade, the board shall have reference to population and neighborhood, paying due regard to any school-house already built, or site procured, as well as to all other circumstances proper to be considered, so as to promote the best interest of the schools. County boards shall lay out sub-districts. Shall prepare map of district. Number of pupils to a sub-district. Location of primary schools. Sec. 20. And be it further enacted , That the said boards of education, in their respective counties, shall be a body politic and corporate in law, and as such may contract and be contracted with, sue and be sued, plead and be impleaded in any court of the State having competent jurisdiction, and receive any gift, grant, donation or devise made for the use of schools within their jurisdiction; and, moreover, they shall be, and they are hereby, invested

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in their corporate capacity with title, care and custody of all school-houses, sites, school libraries, apparatus or other property belonging to the district as now organized, or which may hereafter be organized, within the limits of their jurisdiction, with all power to control the same in such manner as they may think will best subserve the interest of common schools and the cause of education; and when, in the opinion of the board, any school-house site has become unnecessary, they may sell and convey the same in the name of the county board of education of the proper district, such conveyance to be executed by the chairman and secretary of said board, and all conveyances of real estate which may be made to said board shall be to said board in their corporate name and to their successors in office. Name and stylemay sue and be sued. Control of school-houses, libraries, etc. May sell school-house site. Sec. 21. And be it further enacted , That the county board of education may establish such graded schools in their respective counties as they may think proper, with full power, in respect to such schools, to employ, pay and dismiss teachers; to build, repair and furnish the necessary school-houses, purchase or lease sites therefor, or rent suitable rooms, and make all other necessary provisions relative to such schools as they may deem proper; and it shall be the duty of said board of education to exercise all the powers conferred on local trustees in respect to sub-district schools, whenever such local trustees shall neglect to discharge their duties in any sub-district, as required by this act; and it shall also be the further duty of said board to prescribe rules and regulations for the government of the schools within their jurisdiction, consistent with the regulations prescribed by the State Commissioner for the management of the same. General power. Board shall prescribe rules. Sec. 22. And be it further enacted , That it shall be the duty of the county commissioners to hold public examinations of all applicants for license to teach within their respective counties, and before their respective county board of education, at each regular time of meeting of said board at the county-site. Said commissioner shall be allowed to invite to assist in the examination of teachers any persons they may deem proper. If, from the ratio of correct answers, and other evidences disclosed by the examination, the applicant is found to possess knowledge which is sufficient, in the estimation of the board, to enable said applicant to successfully teach in a common school of the State, orthography, reading, writing, arithmetic, English grammar and geography, and to govern such a school, said commissioners shall give to said applicant a license of the first, second or third grade, according to the ratio of correct answers and other evidences of qualification given upon said examination. The standard of which grade of license shall be fixed by the State Commissioner, and said license shall be good for one, two or three years, according to its grade. And all applicants, before being licensed, shall produce to the Commissioner satisfactory evidence of good moral character. Examination of teachers. Grade of teachers' license in accordance with the ratio of correct answers. Sec. 23. And be it further enacted , That the county commissioner shall have power, and it shall be his duty, to revoke licenses

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granted by him or his predecessors for incompetency, immorality, cruelty, or general neglect of the business of the school; and the revocation of the license of any teacher shall terminate the connection of said teacher with any school which said teacher may have been employed to teach; but any teacher so dismissed shall have the right to appeal to the county board of education, whose decision shall be final, unless appeal is made by said teacher, within ten days after said dismissal, to the State School Commissioner. County commissioner may revoke license for what cause. Appeal. Sec. 24. And be it further enacted , That the county commissioner shall provide a blank book, in which he shall keep minutes of his proceedings, and shall deliver said record and all the books, papers and property appertaining to his office to his successor. He shall report annually to the State School Commissioner the names of all persons to whom he has granted licenses, with the grade of such licenses, giving number of males and females, the number, but not the names of all applicants for license who have been rejected, and the names of those whose licenses have been revoked. County commissioner shall keep a journal of his official acts. Annual report to State School Commissioner. Sec. 25. And be it further enacted , That said county commissioners shall constitute the medium of communication between the State School Commissioner and subordinate school officers and the schools. They shall decide all points of difference between trustees of any school district, subject to appeal to the county board of education. They shall visit the schools of their respective districts as often as they may deem it necessary during each term, but they shall visit each school in their respective districts at least once each year, for the purpose of increasing their usefulness; elevating, as far as practicable, the poorer schools to the standard of the best; advising and securing, as far as practicable, uniformity in their organization and management, and their conformity to the law and the regulations and instructions of the State School Commissioner. They shall receive from the trustees their reports of enumeration and their regular school and other reports which are required by law to be made to them, and otherwise gather the necessary data and information, including that in relation to private schools, high schools, colleges, and other institutions of learning within their respective districts, so as to present a view of the educational facilities, and enable them to make full and complete reports to the State School Commissioner. They shall advise the trustees as to the most approved school furniture, apparatus, and educational agencies, and shall furnish the trustees and teachers with regular forms, blanks, instructions, regulations and reports issued from the Department of Education which relate to the respective branches of the school service. General duties of county commissioner. Sec. 26. And be it further enacted , That the county commissioner shall, on or before the first day of November in each year, make out and forward to the State School Commissioner the enumeration of his district, with the same particular discrimination required of trustees. He shall also furnish the statistical information which

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trustees are required to report to him, in such form as may be prescribed by the State School Commissioner. Shall report annually the enumeration of his district. Sec. 27. And be it further enacted , That the said county commissioner shall receive three dollars for each day actually employed in the discharge of the duties required by this act, the same to be paid out of the Educational Fund furnished the county. His claim for services shall be filed in a bill of accounts against the county board of education, and be verified by affidavit to the effect that the said account is just and true; that the service therein named was honestly and faithfully rendered, and that the account therein claimed is rightly due and remains unpaid. When said account shall have been duly audited by the county board of education, the County Treasurer shall pay the said commissioner out of the revenue aforesaid: Provided, however , That the county board of education shall have power to determine the number of days in each year in which said county commissioner may labor in the performance of the duties required of him. Compensation of county commissioner. Account sworn to. Proviso. SCHOOL DIRECTORS, OR TRUSTEES. Sec. 28. And be it further enacted , That the legal voters of each sub-district shall, upon the first Saturday in January in each year, elect three school trustees, one for a term of three years, one for a term of two years, and one for a term of one year; and annually thereafter said legal voters shall, on the first Saturday in January, elect one school trustee for the term of three years. School trusteeswhen elect'd Term. Sec. 29. And be it further; enacted , That the said trustees, within five days after their election, shall take an oath or affirmation faithfully and impartially to discharge the duties of their office, which said oath the trustees are authorized to administer to each other. And in case a vacancy shall occur in the office of trustee, either by death, resignation, refusal to serve or otherwise, it shall be the duty of the remaining trustees to fill such vacancy within ten days after such vacancy may occur, by appointment of some suitable person residing in said district, who shall hold the office until the time of the annual election, when a trustee shall be elected for the remainder, if any, of the unexpired term, in the manner prescribed in the preceding section. Oath. Vacancieshow filled. Sec. 30. And be it further enacted , That it shall be the duty of the trustees in each sub-district to take the management and control of its local interest and affairs; to employ teachers; to certify the amounts due them to the county commissioners; to, at any time, for reasons deemed sufficient, report them for dismissal to the county board of education, and to visit the school of their district at least twice during each term, by one or more of their members, with such other person or persons, competent to examine pupils in their studies, as they may choose to invite: Provided , If any person shall be employed by the trustees aforesaid who has not received a certificate of his or her competency from the county commissioner, said person shall not be allowed any compensation

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for his or her services; and any person desiring to teach in any county other than that in which they have obtained license, shall, before so doing, have said license countersigned by the school commissioner of the county in which they may design to teach. Duties of trustees. Teachers without certificate of competency forfeit compensation. Sec. 31. And be it further enacted , That it shall be the duty of the trustees, in their respective districts, to negotiate and make, under such rules and regulations as the county board of education may prescribe, all necessary contracts in relation to providing fuel for schools, repairing, building or furnishing school-houses, purchasing or leasing school-house sites, renting school-houses, and making all other provisions necessary for the convenience and prosperity of the schools within their districts; and the funds for all such expenditures shall be raised by a tax levied upon the taxable property of said district, and by assessment on the labor of the qualified voters of the same, as may be determined by the county board of education; and wherever an assessment is made on the labor of any voter, said assessment may be discharged by labor. Trustees to make contracts for buildi'g and furnishing schools, etc. Funds to be raised by taxation. Assessment on labor. Sec. 32. And be it further enacted , That it shall be the duty of the trustees, in their respective districts, to make all necessary arrangements for the instruction of the white and colored youth of the district in separate schools. They shall provide the same facilities for each, both as regards school-houses and fixtures, and the attainments and abilities of teachers, length of term-time, etc.; but the children of the white and colored races shall not be taught together in any sub-district of the State. Separate schools for white and colored children. Sec. 33. And be it further enacted , That it shall be the duty of the trustees in each school district to take, or cause to be taken, annually, between the first and fifteenth of October in each year, an enumeration of all the unmarried white and colored youths, noting them separately, between the ages of five and twenty-one years, residents within the said school district, and not temporarily there, designating between male and female, and return a certified copy thereof to the county commissioner; and in case the trustees, in any school district, shall fail to take and return said enumeration, it shall be the duty of the county commissioner to employ a competent person to take the same, and allow him a reasonable compensation for his services from the School Fund, and shall proceed to recover the amount for such service, in a civil action before any court having jurisdiction, in the name of the State of Georgia, against said trustees in their individual capacity; and in such suit said county commissioner shall be a competent witness, and the money so collected shall be applied to the use of the common school in said sub-districts. The county commissioner shall make an abstract of the enumeration so returned to him, designating the number of youths in each district, and transmit such abstract, duly certified, to the State Commissioner on or before the first day of November in each year. Annual enumeration. Enumeration by whom taken if trustees fail. Abstract of enumeration to be transmitted to State commissioner. Sec. 34. And be it further enacted , That it shall be the duty of said trustees to record their proceedings in a book provided for

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the purpose, together with the minutes of the proceedings of all school meetings held in such district by the qualified voters thereof, which shall be a public record, and all such proceedings, when so recorded, shall be signed by the majority of said trustees. The trustees may meet as frequently as they may think necessary for the transaction of business, but shall receive for their services as trustees no compensation or endowments of any kind whatever. Trustees must keep minutes of their proceedings. Shall receive no compensation. TEACHERS. Sec. 35. And be it further enacted , That it shall be the duty of the teachers to make and file with the county commissioner, at the expiration of each term of school, a full and complete report of the whole number of scholars admitted to the school during such term, distinguishing between male and female, colored and white, the average attendance, the books used, the branches taught, the number of pupils engaged in the study of each of said branches, and such other statistics as he or she may be required to make by the trustees of said sub-district or by the State School Commissioner, and until such report shall have been certified and filed by said teacher as aforesaid, it shall not be lawful for said trustees to audit the account of said teacher for his or her services. Teachers must make report to county commissionerwhen. Teachers' accounts not audited until report is made. Sec. 36. And be it further enacted , That each and every lot, or parcel of land which heretofore has been or hereafter shall be appropriated for the use of common schools in this State on which there has been or shall be a school-house erected, and which has been or shall be occupied for the purpose of accommodating the common school, of whatever grade, in the usual manner, from time to time, howsoever or by whomsoever the legal title to the same may be held and vested, shall be and is hereby exempted from sale on any execution or other writ or order in the nature of an execution, and all taxes, State or county: Provided , That the lot of land so exempted shall not exceed four acres, and if there be any excess, that portion most convenient for school purposes shall remain exempt, as aforesaid, to be determined by the proper school trustees or other officers having charge of schools: Provided further , That nothing in this act shall be so construed as to interfere in any way with private schools or private school property. School estates exem't from levy, sale and taxation. Proviso. Private school property. Sec. 37. And be it further enacted , That whenever and wherever not less than thirty-five youths between five and twenty-one years of age may be found not already provided for, the territory containing said children shall be, so soon as practicable after the passage of this act, constituted by the county board of education in whose purview it is found, a sub-district, and provided with buildings and other appliances for school purposes. Sub-districtshow organized. Sec. 38. And be it further enacted , That admissions to schools of higher grades than primary shall be gratuitous to the children, wards, and apprentices of all actual residents in the districts possessing said schools who may be entitled to the privileges of the

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public schools, under the general laws of this State: Provided , That said board shall have power to admit to said schools other pupils, upon such terms or upon the payment of such tuition as they may prescribe. Admission to high schoolsgratuitous to whom. Proviso. Sec. 39. And be it further enacted , That the board of education of any county may, at their discretion, upon their respective fields, provide a suitable number of evening schools, for the instruction of such youth, over fourteen years of age, as are prevented by their daily avocation from attending day schools, subject to such regulations as said board from time to time may adopt for the government thereof. Evening schools. Sec. 40. And be it further enacted , That the board of education of any county, including the county commissioner and local trustees of any sub-district, shall, according to regulations hereinbefore prescribed for schools, make the necessary provisions for continuing in operation the schools over which they may have jurisdiction, for the term of three months in each year, except as hereinafter allowed in case of ambulatory schools; and in case the board of education of any county, or the local officers of any sub-district, shall fail to make the necessary provisions for continuing the schools in operation the length of time herein required, such graded or high schools, and primary schools, as the case may be, shall not be entitled to any portion of the School Fund arising from the State tax during the next succeeding school year, and such forfeited State school funds shall be distributed to the other several sub-districts of the county, in proportion to the enumeration of youth; and such of the officers above referred to as shall neglect or refuse to comply with the provisions of this section, shall be individually responsible for all losses sustained by any district or sub-district by reason of such neglect or refusal to comply with the provisions of this section, and shall be severally and jointly liable for the same in a civil action, to be brought by the county commissioner in the name of the State of Georgia; and the amount so recovered shall be apportioned to the several sub-districts in the same manner as the school funds would have been. Term of continuing schools in operation annually. Upon failure, forfeit school fund. Neglecting officers individually responsible. Sec. 41. And be it further enacted , That the quota of the general school fund found belonging to each county in the State shall be, at the close of each fiscal school year, upon an order of the State Commissioner on the Treasurer, sent to and deposited with the respective County Treasurers, who shall be holden for such amount upon their official bonds as Treasurers, who shall disburse the same to the various school districts in his county, upon order of the trustees, countersigned by the county commissioner or county board of education. County school fund to be deposited with Co. Treasurers. Disbursement. AMBULATORY SCHOOLS. Sec. 42. And be it further enacted , That whenever and wherever there shall be found three militia districts contiguous, or in near proximity to each other, containing each not less than 15 children of school age, provisions shall be made whereby schools may be

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kept in each two months annually. The place of holding the school shall be in locations most convenient to the larger number of the children, and the school terms so arranged that any one teacher may supply at least three schools. The districts referred to in this section shall be under the control of trustees, whose elective duties shall be the same as those in the more populous sub-districts; and the maintenance of a school in each militia district described in this section, for two months in each year, shall be held as compliance with terms contained in section 40 of this act, regulating the time entitling to the apportionment of school funds. Ambulatory schools COMMON SCHOOL FUND. Sec. 43. And be it further enacted , That for the support and maintenance of the common schools of this State, the poll-tax, special tax on shows and exhibitions, on the sale of spirituous and malt liquors, the proceeds arising from the commutation of military services, all endowments, devises, gifts and bequests made, or hereafter to be made, to the State, or State Board of Education, any and all educational funds and incomes not belonging to and due the State University, and one-half of the net earnings of the Western Atlantic Railroad, are hereby appropriated to the State Common School Fund; and it shall be the duty of the State Board of Education to determine the amount which, in addition to the foregoing, should be raised annually by taxation upon all the taxable property of the State, and to report annually to the General Assembly the estimate which they may find necessary to support a school in every school district in the State, of at least three months in each year, in the manner provided in this act, the same to be apportioned with other funds, as hereinafter directed. Common school fundhow made up. State Board of Educati'n must determine additional am'ts to be raised by taxation. Sec. 44. And be it further enacted , That the county board of education shall have power to organize in each county one or more manual labor schools, on such plan as will be self-sustaining: Provided , The same be approved by the State Board of Education. Mannual labor schools. Proviso. Sec. 45. And be it further enacted , That nothing contained in this act shall prevent the collection of any accounts rendered from a private school, or the teacher thereof, for the education of beneficiaries of the common school fund, in localities where the common school may not have been organized: Provided , That such accounts shall have been first duly audited by the board, whose duty it is to audit all school accounts. This act shall not prevent collection of private sch'l accounts. Sec. 46. And be it further enacted , That the State Board of Education shall not be permitted to introduce into the schools any text or miscellaneous books of a sectarian or sectional character. Sectarian books. Sec. 47. And be it further enacted , That the Secretary of State shall, as soon as practicable, make, or cause to be made, a digest of all the laws of force in this State relating to schools and education. Secretary of State to make digest of school laws. Sec. 48. Repeals conflicting laws. Approved October 13, 1870.

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(No. 54.) An Act to set apart and secure the School Fund. Section 1. Be it enacted, etc. , That the Comptroller-General shall forthwith proceed to ascertain the exact amount due the Educational Fund up to the 1st July, 1870. Duty of Comp.-Gen. Sec. 2. That from time to time, without delay, as definite amounts are ascertained by the Comptroller-General to be due said fund, he shall report the same to his Excellency the Governor, who shall thereupon deposit with the Treasurer seven per cent. bonds of this State, to such an amount as will perfectly secure the School Fund. Shall report to Governor Gov's duty. Sec. 3. That said bonds shall remain in the treasury, to be sold under the direction of the Governor, to meet appropriations for school purposes, and for no other purpose; and that the interest accruing on such bonds shall be semi-annually credited to the School Fund. Bondswhere remain, etc. Sec. 4. That all moneys which are now loaned out by the Treasurer, with all the interest that has accrued thereon, shall be immediately refunded and placed in the treasury of this State, and the Treasurer shall forthwith comply with the joint resolution, approved July 16, 1870. Moneys loaned by Treas. to be refunded. Approved July 28, 1870. For the laws heretofore regulating common schools and school funds, see Irwin's Revised Code, sections from 1269 to 1302, inclusive. The system being entirely changed from the former, which was complicated, it is thought by the compller to be unnecessary to itemize all the changes.

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TITLE VII. ELECTION. Section. 1. Electionwhen heldfor what purpose. 2. How long, etc., to continue. 3. Where and by whom managed. 4. Appointment of managers. 5. Managers to be notified of their appointment. 6. Delinquent managerspenaltyqualifications and duties of. 7. Shall preserve order, etc. 8. Challenge of voters prohibited. 9. Duties of managers as to voters. 10. Duty of Sheriffs and Bailiffs on day of election. 11. Disturbers may be arrested. 12. Ballots free from inspection during election. Section. 13. Election roomhow occupied. 14. Appointment of clerks. 15. Receiving and depositing ballots. 16. Compensation of managers and others. 17. Delinquent Sheriffs, etc.penalty. 18. Official oath of managers, etc. 19. Illegal voting. 20. Oath of clerks. 21. Ordinary's dutyconstruction of ballot-box, etc. 22. Fraud in management a misdemeanorpenalty. 23. Consistent laws continued. For election laws in general, see Revised Code, from section 1303 to 1364, etc. (No. 55.) An Act to provide for an Election, and to alter and amend the laws in relation to the holding of elections . Section 1. The General Assembly of the State of Georgia hereby enacts , That an election shall be held in this State, beginning on the 20th day of December, 1870, and ending on the 22d of said month of December, 1870, for members of Congress to serve during the unexpired term of the Forty-first Congress of the United States, and for members of the Forty-second Congress; for Senators in the State Senate from each district numbered in the Constitution with an odd number; for members of the House of Representatives of the General Assembly; for Sheriffs, Clerks of the Superior Court, Tax Receivers and Tax Collectors, County Treasurers, Coroners and County Surveyors, of the several counties of this State. Election for members of Congress, members of the General Assembly and certain county officerswhen held. Sec. 2. That the said election shall commence on the said 20th day of December, and continue between the hours now fixed by law for three separate days. Election shall continue three days. Sec. 3. That said election shall be managed and superintended at the several court-houses at the county-seat, and at any election precinct that may exist or be established in any incorporated and organized city or town, by managers chosen as follows: Where and by whom conducted.

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Sec. 4. It shall be the duty of the Governor of the State, by and with the advice and consent of the Senate, as soon after the passage of this act as possible, to appoint three, and the Ordinary of each county two, fit and proper persons of intelligence and moral worth for each election precinct established at the county court-house, or in any city or incorporated town in this State; and said five persons, or any three or more of them, may and shall hold the election at said court-house and precincts in such city or town. Managers appointedby whom. Sec. 5. It shall be the duty of the Governor to cause the said appointees to be duly notified of their several appointments as aforesaid; and it shall be the duty of said appointees to appear at the said court-house, and at said precincts in said city or town, on the days fixed by this act for the said election, within the hours heretofore prescribed by law, and hold said election. Governor shall notify managers of their appointment. Sec. 6. It shall be the duty of the Governor to furnish each of the Judges of the Superior Courts with a list of said appointees in the several counties of the respective circuits, and at the next term of said courts in each county, after the said election, it shall be the duty of the Judge to inform himself if said appointees have appeared as required by this act and held the said election, and if any such appointees have failed to appear, and the absence of his signature to the returns required by law to be made to the Clerk of said court shall be prima facie evidence of such failure, it shall be the duty of said Judge forthwith to fine any such appointee one hundred dollars: Provided , That said fine may be remitted on said appointee satisfying said Judge that his failure so to attend was caused by severe sickness, or other unavoidable cause, or that he was legally disqualified from serving: And provided further , That said appointees shall each of them be citizens of the county for which they are appointed, and voters of the same. Governor shall furnish Judges of the Superior Courts with list of appointees. Duty of Judges. Penalty when managers fail to hold elect'n Proviso. Managers must be citizens of co. for which they are appointed. Sec. 7. In addition to the duties now prescribed by law for the managers of elections, it shall be the duty of said managers to preserve order at and near the polls, but they shall have no power to refuse ballots of any male person of apparent full age, a resident of the county, who has not previously voted at the said election. Duties of managers. Sec. 8. They shall not permit any person to challenge any vote, or hinder, or delay, or interfere with any other person in the free and speedy casting of his ballot. Voter shall not be challenged. Sec. 9. It shall be the duty of said managers to prevent all rioting, disturbances and crowding at or near the polls, and to secure this end it shall be their duty to prevent more than one personand he only while votingapproaching or remaining within fifteen feet of the place of receiving ballots; and the said managers may, if they see fit, require that persons desiring to vote shall form themselves into a line, and when a line is thus formed, said managers shall prevent any person not in the line from approaching the polling place nearer than fifty feet; but in no case shall more than one voter at any time be permitted to approach the polls nearer than fifteen feet. Duties of managers relative to voters.

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Sec. 10. It shall be the duty of the Sheriffs, deputy sheriffs, bailiffs, town marshals and police officersthe whole to be under the orders of the Sheriff or his deputyto attend at one or the other of said places of voting during the election, and obey all lawful orders of said managers, or either of them, and to act as conservators of the peace, and for the protection of voters against violence, intimidation and all unlawful attempts to influence voters or to interfere with the perfect freedom of each voter to cast his ballot according to his own wishes. Duties of Sheriffs, bailiffs, etc., on election days. Sec. 11. The said managers, or any two of them, shall have power, by parol, to order the arrest and confinement, during the day, of any person disturbing the peace at or near the polls, or disobeying any reasonable orders for the enforcement of these provisions for the preservation of order and the protection of voters; and the Sheriff or his deputy shall also have power, without warrant, to arrest or order the arrest of any person for the causes aforesaid. Managers may order arrest of disturbers of the peace Sec. 12. It shall be the duty of said managers to receive each ballot and deposit the same in a ballot-box, and it shall not be lawful for either of them, or for any clerk, to open any closed ballot until the polls are closed and the counting of the votes is commenced. No ballots examined until polls are closed. Sec. 13. It shall be the duty of said managers to prevent any person, except themselves and the three clerks, by them to be appointed and sworn to remain in the room when the ballots are received, so near the ballot-box or the polling place as to examine the tickets, or to handle any ticket, and they shall have the same power to enforce this as other duties herein cast upon them. No person shall remain in the room where ballots are received, except managers and clerks. Sec. 14. The said managers may select three competent persons to act as clerks in keeping the list of voters and tally-sheets, but said clerks shall not be permitted to handle any ballot or examine the same. Clerks to be appointed. Sec. 15. One of said managers shall receive the ballots from the voters, and hand them to a second, who shall deposit the same in the box, and, at no time, shall any vote be received unless there be at least three of said managers present. Manner of receiving and depositing ballots. Sec. 16. Said managers, clerks and officers, except police officers actually on duty, shall receive from the County Treasurer three dollars for each day's duty at said election. Compensation of managers, etc. Sec. 17. It shall be in the power of said managers, or any three of them, to fine any Sheriff, deputy sheriff, marshal, or police officer not more than one hundred dollars, as for contempt, if he fail to obey any lawful order of said managers, or either of them, for the enforcement of the laws, for keeping the peace, preserving order, and protecting the freedom of election on the day of the election. Penalty on Sheriffs, dep'ty sheriffs etc., upon failure to obey orders of managers Sec. 18. Said managers shall each of them take the following oath: I do swear that I will faithfully, fully and impartially hold the present election; I will prevent no person from voting who is of apparent age, a resident of the county, and who has not previously

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voted at this election; I will not open any closed ticket until the polls have been closed, nor will I divulge for whom any person has voted, unless called upon to do so by some legal tribunal. I will permit no one to challenge, delay or hinder any voter from the free and speedy casting of his ballot; I will, in good faith, to the best of my ability, endeavor to carry into effect the provisions of this act, and the other laws for holding elections; I will make a fair, correct and honest and impartial return of the result of the election. So help me God. (Any manager may administer this oath to the others.) Managers to take oath. Form of oath. By whom administr'd Sec. 19. Nothing in this act prohibiting challenges at the polls shall be construed to authorize any one to vote who is not under the Constitution a qualified voter in the county of the election; but all persons not duly qualified to vote are, and shall continue to be, subject to all the pains and penalties fixed by law in case they vote illegally. Illegal voting. Sec. 20. Each of the said clerks shall be sworn fairly, impartially and truthfully to keep the list of voters, and fairly and honestly to keep the tally-sheet at said election. Clerks shall take an oath. Sec. 21. It shall be the duty of the Ordinaries of the several counties of this State to furnish stationery for the purposes of said election, and also to have ready, and furnish for each of the sets of managers provided for by this act, a ballot-box sufficiently large to hold the ballots likely to be cast at said polling-placesaid ballot-box to be made so that it cannot be opened without serious damage to the box on all sides except one, and on that side to have a movable lid, with the opening therein sufficiently large to admit the pushing in of the ballots one by onesaid lid to be so constructed as that it may slide into grooves in the box, and have a lock thereon; and it shall be the duty of the managers to open and examine said box at the opening of the polls, and then to lock the same; and at the close of the polls on each day it shall be the duty of each manager to put upon said lid a strip of paper with his name thereon, and affix the same by adhesion to the lid and box, so that the box cannot be opened without the rupture of said paper; and this being done, the box shall, for the night, be entrusted to the keeping of one of the managers, and another of the managers shall take the key; and it shall be the duty of such managers entrusted with said box or key, to permit no one to tamper in any way with the same; and if such tampering be done, the manager entrusted with the same shall be deemed prima facie guilty of having done the same, and, on conviction, shall be punished as provided in section 4608 of the Revised Code for the punishment of misdemeanors. Ordinaries to furnish stationery and ballot-box. Ballot-boxhow constructed. Ballot-box and keyhow kept at night. If tampering be done with ballot-box, manager entrusted there with deem'd guilty thereof. Penalty. Sec. 22. An election manager or clerk, or other officer on duty in the holding of any election, who shall be guilty of any fraudulent practice in changing any ballot, or in using any trick or device by which any false return is made, or any ballot-box is tampered with, or who shall, in any way, be guilty of any false or fraudulent practice or act by which any vote actually cast is not

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fairly counted and returned, shall be guilty of misdemeanor, and, on conviction, shall be punished as provided in section 4608 of the Revised Code. Fraudulent practice, false return, etc., a misdemeanorhow punished. Sec. 23. All laws militating against, or inconsistent with this act are hereby repealed, but all other laws not militating or inconsistent therewith are hereby declared of force, and to be obeyed by said managers. Laws not inconsistent with this act declared of force. Approved October 3, 1870. TITLE VIII. FEES AND COSTS. Section. 1. Act of September 28, '68 repealedexceptionprovisos. 2. Duties of Clerks, etc., in indorsing executions. 3. Fees of Ordinary, Surveyor, etc., in applications for homesteads. Section. 4. Payment of costs, etc., in criminal causes, where venue is changed. 5. Table of fees kept in officewhat is a compliance. (No. 56.) An Act to repeal an act to provide for the levying and collection of a tax for the payment of costs due to Clerks and Sheriffs in insolvent criminal cases in certain counties therein mentioned, approved September 28, 1868. Section 1. Be it enacted, etc ., That the law passed by the General Assembly, and approved September 28, 1868, providing for the levying and collection of a tax for the payment of costs due to Clerks and Sheriffs in insolvent criminal cases in certain counties therein mentioned be, and the same is hereby, repealed, except so far as the same relates to the county of Macon: Provided , That repeal of the above recited act shall in no way affect any case where any party or parties have litigated, or obtained a judgment, or a mandamus absolute, in any court, against the Ordinary of said county, to levy a tax under the said act of 1868. Act of Sept. 28, 1868, repealed. Exception. Sec. 2. Repeals conflicting laws. Approved September 20, 1870. See acts of 1868, page 26. This act provides for levying and collecting a tax to pay insolvent costs of Clerks and Sheriffs in the counties of Hancock, Glynn, Terrell, Dougherty, Macon, Bibb, Muscogee and Richmond. For law as to collection of insolvent costs, see Revised Code, section 4533 to 4613.

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SUPREME COURT DECISIONS. 1. The costs due Clerks and Sheriffs in insolvent criminal cases are a debt against the public, for which payment is provided out of the fines and forfeitures collected in their respective counties. And an order passed by the Judge of the Superior Court, in favor of a Clerk for an amount due him in insolvent cases, is a judgment against the public funds collected from fines and forfeitures, to be paid according to the priorities established by law; but it may be set aside, if sufficient cause can be shown against it, by a proper proceeding for that purpose, instituted by the county, or any one else, whose interest is effected by it. Part I, Vol. 40, Ga. R. p 578. 2. The Legislature has power to make other provisions for the payment of such sums as may be due. It may provide for the payment of such costs as are not paid by fines and forfeitures by the levy of a tax upon the county in which the costs are due. Ibid . (No. 57.) An Act prescribing the duties of Clerks and other officers, and for other purposes. Section 1. Be it enacted, etc ., That it shall be the duty of the Clerk of any court in this State, and of any Justice of the Peace, or other officer who may issue an execution, to indorse on said execution, at the time it is issued, the date and amount of the judgment, the items of the bill of cost written in words, and the amount of each item distinctly stated in figures; and that no costs, or items of costs, shall, in any case, be demanded by any such officer which are not itemized and indorsed as above provided. Executionshow to be indorsed. Costs itemized. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. These officers have not heretofore been required to itemize costs. (No. 58.) An Act to fix and define the fees of Ordinaries, Surveyors, and Clerks of the Superior Court in applications for setting apart a Homestead of Realty and Personalty in this State . Whereas, The fees charged for setting apart a homestead of realty and personalty in this State are not uniform, in some counties being reasonable, and in others exorbitant; for remedy whereof, and to make the same uniform throughout the State Preamble.

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Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, the following shall be the fees allowed in applications for setting apart a homestead of realty and personalty, to-wit: Ordinaries fees, when not litigated, whole service, seven dollars ($7;) when objections or demurrer are filed and heard, (in addition to above) three dollars ($3;) Surveyor's fees, for each plat, affidavit and return, five dollars ($5;) for each additional plat, where more than one lot, three dollars ($3;) Clerk Superior Courts fees, for recording each petition, one dollar ($1;) for recording each plat, one dollar ($1;) for recording each schedule, per 100 words, fifteen cents (15 cts.;) for each certificate of record, fifty cents (50 cts.) Officers' fees in homesteads Ordinary's. Surveyor's. Clerk's. Sec. 3. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 18, 1870. (No. 59.) An Act to alter and amend an act passed October 6, 1868, entitled an act to carry into effect section 12, division 2, article 5, of the Constitution of the State of Georgia . Section 1. Be it enacted, etc. , That so much of said act passed October 6, 1868, as fixes upon the county to which the trial is removed, all the costs but county jail fees of accused be, and is hereby, altered so as to charge the county where the case removed did originate, with the costs of all witnesses entitled to compensation, and to make such county liable and bound to pay all costs and fees due to witnesses under said act of October 6, 1868, and not yet settled, paid. Costs of witnesses, etc.how paid in criminal cases where the venue is changed. Sec. 2. Repeals conflicting laws. Approved October 24, 1870. Vide acts of 1868, p. 133. This act makes the county to which the prisoner is removed liable for all costs, including that of witnesses, after the change of venue . (No. 60.) An Act to declare the true intent and meaning of section 3657 of the Code of Georgia . Section 1. Be it enacted, etc. , That every public officer who has heretofore kept, or may hereafter keep, in a conspicuous place

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in his office, or place where he usually executes the business thereof, a copy of the Code of Georgia, shall be held and construed to have complied with the requirements of section 3657 of said Code of Georgia. Copy of Code a compliance. Sec. 2. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 22, 1870. Section 3657 of the Code requires every public officer to keep conspicuously in his office a table of his fees, etc. TITLE IX. HOLIDAYS. Section 1. Section 2741 Code amended as to Holidays. (No. 61.) An Act to alter and amend paragraph in section number twenty-seven hundred and forty-one , (2741,) article second, part second, title seventh, chapter seventh, of the Code of Georgia . Section 1. Be it enacted, etc. , That paragraph or section number twenty-seven hundred and forty-one (2741) of article second, part second, title seventh, chapter seventh, to-wit: The first day of January, the twenty-fifth day of December, and any day appointed by the Governor of this State, or the President of the United States, or the civil authorities of any city, as a day of fast and thanksgiving, shall be held and considered in the same manner as the first day of the week, known as Sunday, for all purposes connected with the presenting for judgment or acceptance, and protesting and giving notice of dishonor of any bill, check, order or note, be altered and amended so as to read as follows: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and any day appointed by the Governor of this State, or by the President of the United States, or the civil authorities of any city, as a fast day or thanks-giving day, shall be held and considered in the same manner as the first day of the week, known as Sunday, for all purposes connected with the presenting for judgment, acceptance, or payment,

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and protesting and giving notice of dishonor of any bill, draft, note, check or order, made after the passage of this act, and any bill, draft, note, check or order, made after the passage of this act, which, but for this act, would fall due and payable on any of the days herein mentioned, shall, when said days fall on Sunday, become due and payable on the Tuesday next succeeding such days. Sec. 2741, art 2, part 2, chap 7 Code, amended. How. Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this law be, and the same are hereby, repealed. Approved October 25, 1870. By this act the 22d day of February and 4th day of July are added to the holidays. See Revised Code, section 2741. TITLE X. HOMESTEADS. Section. 1. Cash cannot be allowed as homestead of personalty. 2. Nor as homestead of realty. 3. Wife's property may be added to homestead. 4. Head of a family. 5. Applicant having more property than allowed, etc. 6. Additional costsby whom paid. 7. Single personwhen head of a family. Section. 8. Dower and homestead. 9. Lands of more value than that allowed. EXPLANATION OF AMENDMENT. 10. Homesteads, under section 2013 Codehow exempted. 11. Lands sold before passage of homestead act. (No. 62.) An Act to more effectually execute the Homestead and Exemptions allowed by the Constitution and laws of this State . Section 1. Be it enacted by the General Assembly , That when any person applies for exemption of personalty, and said personalty sought to be exempted consists wholly or in part of cash, before the same shall be allowed finally, shall, under the direction of the Ordinary, be invested in such articles of personal property as the applicant may desire, and when so invested and returned by

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schedule, with or without other property, as the law requires, shall constitute the exemption of personalty, and in no case shall the allowance of cash without such investment be a valid exemption. Cash must be invested in personal property. Sec. 2. That whenever any person entitled to a homestead shall not have any real property, or having such, it is less than the value of two thousand dollars in specie, but shall have cash, or be entitled to such by inheritance, gift or otherwise, such cash shall, under the direction of the Ordinary, be invested in the requisite real estate as desired by the applicant, as in case of personalty set forth in preceding section; and to insure a homestead in one lot, tract or parcel of land, the Ordinary may, with consent of applicant, order or permit the sale of any real property of less value than said two thousand dollars, and have the proceeds invested with the remaining cash in said homestead. All such proceedings shall be duly recorded. Estate of cash may be invested in realty as in personalty. Scattering lands may be sold and invested in homestead. Sec. 3. That when a husband, being the head of the family, shall have no property, or property not of sufficient value, out of which to set apart a homestead, and the wife has a separate property, whether real or personal, subject to her debts, she may relinquish, assign or set over the same to her husband; and then he or she, as the case may be, under the law, may apply and have the realty set apart as a homestead, and the personalty exempt, as prescribed by the laws of force. Wife's separate property may be added to husband's homestead. Sec. 4. That when husband and wife are in the state of separation, and the minor children reside with the wife, or, by the law, she is entitled to their possession, or the court so awards them to her, she, the wife, is the head of the family in the contemplation of the homestead and exemption laws, and as respects her separate property, may have it set apart without said relinquishment or assignment. When wife head of family in contemplation. Her separate prop'ty Sec. 5. That when the applicant seeks to have set apart a homestead out of town property exceeding in value two thousand dollars in specie, or out of country property, not more than five hundred acres, including thereon the family dwelling and appurtenances, which also exceeds said two thousand dollars, said applicant shall have the option to pay, within sixty days from the time said valuation is fixed, the difference between said valuation and said two thousand dollars; and said excess of value contained in such property shall be governed in all respects by the homestead and exemption laws now of force, and shall be thereafter as fully exempt from [Illegible Text] and sale as if the husband or other head of a family had made a bona fide and legal settlement of the same on the wife and minor children, or either, for their use, benefit or maintenance, which shall thereafter stand as property exempt by law from levy and sale, distinct from that permitted by the Constitution; and when such application shall be published by the Ordinary, as now required by law, he shall state that the realty exceeds in value two thousand dollars, as provided by this law; and in addition to the right which any creditor has to contest said valuation according

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to the 6th section of the act of 3d of October, 1868, any creditor, other than the one so contesting, may make himself a party to said issue on the appeal; or, if there is no appeal, may come into the next Superior Court of the county whenever held, and make such issue: Provided , The sixty days hereafter prescribed for advertisement shall have elapsed, and if not, then at the succeeding term; if said issue shall be found in favor of the applicant, and the judgment is not reversed, it shall be final and conclusive; but if against the applicant, the jury shall say how much more the premises are worth; and if such finding stands, the applicant shall have thirty days from the rendition of final judgment, or until the succeeding term of the Superior Court, in which to pay said excess, and if not so done, said application for homestead shall fail or to be taken for so much as it is worth, (said two thousand dollars,) or be sold pursuant to law for the benefit of the creditors. The Ordinary, as soon as he grants said homestead and exemption of realty, shall notify the Clerk of the Superior Court of the county of the proceedings, who shall make advertisement of the facts, and give notice to creditors in the gazette where he does his official advertising, for as much as sixty days prior to the next session of the Superior Court, at which such creditors may come in and be heard. The excess in valuation aforesaid shall be paid to the Sheriff of the county, who shall hold the same until finally disposed of by order of the Superior Court, unless placed in the hands of a receiver; and said fund shall be distributed among the creditors according to their several priorities, as other assets of insolvent persons for distribution by the court. Applicant havi'g more than allow'd may, within 60 days, pay difference. Publication of Ordinaryshall state what. Creditors' rights. Proviso. Ordinary must notify C. S. C. Duty of C. S. C. Sec. 6. That all additional costs imposed by the proceedings aforesaid to have a homestead set apart, or personalty exempt, shall be paid by the applicant, as in other cases. Additional costs to be paid by applicant. Sec. 7. That any single person, male or female, or married person in a state of separation, who at the time of the adoption of the present State Constitution, or before, lived habitually as housekeeper to himself or herself, on his or her own land, is hereby declared to be the head of a family, and is entitled to all the benefits of homestead and exemption laws, so far as applicable, or such persons as aforesaid shall have exemption from levy and sale as much land and as much personalty as said homestead and exemption laws allow, and upon the principles thereof: Provided , There is a compliance with the provisions of said laws. Single persons, etc.head of a family when Proviso. Sec. 8. That when a widow, upon the decease of her husband, is entitled to dower in the lands, and a homestead is laid out for the family of the deceased, including the dwelling-house and appurtenances, whether in town or country, which is worth more than two thousand dollars in specie, said widow may, at her option, if she elects to take money in lieu of dower, leave said money, or so much thereof as may be necessary, in the hands of the representative of the estate for such estate, and such amount now remaining must be applied to the payment of the deficit. Widow's dower and a homestead. Widow take money, etc. Sec. 9. That when a widow makes application for a homestead in

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the realty of her deceased husband, which realty exceeds the value of two thousand dollars in specie, and cannot be divided so as to give a homestead of that value in accordance with the terms of the 7th section of the act 3d October, 1868, and which has not been levied on and sold within twelve months from the death of the husband, the Ordinary shall, if the widow requires and establishes her right thereto, grant an order for the sale of the premises by the legal representative of deceased's estate in the manner that the law now requires for the benefits of heirs or creditors, but so far prescribing the terms of sale as to require the two thousand dollars of its purchase money in specie, or specie value, to be paid in cash, unless the widow consents to different terms; and when so sold the proceeds of sale, to the value aforesaid, shall be invested in accordance with the section and act aforesaid: Provided always , That such legal representative shall have ten days' notice, in writing, of such application for sale before the time appointed for the hearing, that he may make such showing as he has to the contrary: And provided also , That all claims to dower in and to the property aforesaid shall be first adjusted so that said two thousand dollars shall be free from any claim thereon of the widow for dower, and to this end the widow shall be first paid or satisfied, to the value of her dower in and to the particular piece of realty sought to be sold, as prescribed by the law now of force for accepting the value of dower in money; but to this claim the assent of the representative of the estate shall not be necessary. If any such representative refuses or neglects to comply with the order of Ordinary aforesaid, his letters shall be immediately revoked, and another representative appointed in his stead. Where widow applies for homestead of lands in excess of am't allowed. On application Ordinary grant order for salehow. Proceedshow invested. Representative disobeying ord'y of Ordinarypenalty. EXPLANATION OF AMENDMENT. Since the widow and minor children are entitled to the late provisions for homestead, in some instances there has been a combination between the creditors and representatives of the estate in regard to property that cannot be divided, and is worth more than two thousand dollars in specie, not to sell the same by the representative, or to be levied on and held by the creditor, but to keep it rented and apply the yearly rental to the debt or debts, thus depriving the widow and children for an indefinite period of their right to a homestead, greatly to their inconvenience injury and damage. This happens when the widow, from necessity, convenience, or any cause, is compelled to move from the dwellinghouseand thus place it in the possession of the representativeswhich she has the right to hold until her dower is assigned. Strange to say, that except by implication, and that too remote for certainty, there is no provision in our law for the enforcement of her claim to dower in property which cannot be divided in kind, by procuring a decree for its sale, and having the money-value of her dower paid to her. By section 1761, this can be done in any or all of the dowerable property; but by the assent of the executor or administrator only, and when such have combined against the

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widow, of course they will not assent. See sections on subject of dower, the assignment of dower and partition. It may be done under sections 3127-8-9, touching partitions in equity; but it is doubtful, and the process too slow. Explanatory of the amendment Sec. 10. All laws and parts of laws militating against this act are hereby repealed. Approved October 28, 1870. (No. 63.) An Act to amend the fourteenth section of the act passed on the 3d day of October, 1868, which provides for setting apart a homestead of realty and personalty so far as it applies to such articles of property as are exempt from levy and sale, as specified in the 2013th section of Irwin's Revised Code. Section 1. The General Assembly of the State of Georgia do enact , That all the property mentioned in the 2013th section of Irwin's Code, of every debtor who is the head of a family, shall be exempt from levy and sale by virtue of any process whatever, under the laws of this State, and all that shall be required to enable a debtor to avail himself of the benefit of said law is to make out a schedule of the property claimed to be exempt, and return the same to the Ordinary of the county, without making any application for homestead, and it shall not be necessary to publish the same in a gazette. Property exempt under sec. 2013 of Code. By merely filing schedule with Ordinary. Sec 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 64.) An Act to authorize Executors, Administrators and Guardians of minor children to purchase a homestead of realty in certain cases, and for other purposes. Whereas, It is known that in many cases executors and administrators, before the passage of an act known as the homestead act, sold all the real estate belonging to decedent; and whereas, it is known that the money arising from the sale of said real estate is now in the hands of said executors and administrators; and whereas, doubts exist as to whether the widow or minor children,

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in cases where the land had been sold before the passage of the homestead act, is entitled to a sum of more than one thousand dollars in gold as an exemption; and whereas, the spirit and intent of said homestead act was and is that each head of a family, etc., shall have exempt from levy and sale property of the value of three thousand dollars in specie: Preamble. Section 1. Therefore be it enacted, etc. , That, from and after the passage of this act, in all cases where the lands belonging to an estate had been sold before the passage of the act known as the homestead act, and the money is still in the hands of the executor, administrator or guardian of minor children, it shall be the duty of the Ordinary, upon application of the executor, administrator or guardian of minor children, to set apart three thousand dollars in gold, or its equivalent in currency, for the use of the widow and minor children, or for the minor children of no widow, two thousand dollars of which shall be invested in a homestead of realty and the remaining one thousand shall be so appropriated as to best subserve the interest of said widow and minor children, or minor children where there is no widow. Lands sold before home stead act. Ordinary may set apart homestead, etc. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 28, 1870. A homestead is subject to an execution founded upon a debt contracted for the purchase money, and the fact that the debt has been transferred does not change that liability. 39 Ga., p. 386. Although a judgment be dormant under the statute, and has therefore lost its lien as a judgment, it is still a subsisting debt, and the judgment may be revived by scieri facias or by suit. Ibid . The acts limiting the time within which judgments may be revived were suspended by the acts suspending the statute of limitations, to-wit, from the 30th of November, 1861, to the 21st of July, 1868, when civil government was practically restored in this State. Ibid . A creditor, though his claim may be one of the exceptions provided for in the homestead act, cannot set it up to prevent the laying off of the homestead. Other conditions having been fulfilled, the homestead ought to be set off, leaving to the creditor his right to go on under the exceptions at his discretion. Ibid . A mortgage given by the debtor is not one of the exceptions provided by the Constitution to which the homestead for his family is liable. Ibid . The widow and minor children of a deceased person are entitled, as against creditors, to a homestead, to be laid off just as it would have been upon the application of the husband and father prior to his death. Part I., Vol. 40, p. 439. When the schedule is filed, if any creditor of the deceased desires to object to it, for any of the causes specified in the statute, the objection must be made in writing, and must state the cause of such objection so plainly that it can be easily understood, and that the applicant may have an opportunity so to alter said schedule or plat, if thought advisable, as to obviate the objection without the appointment of appraisers by the court. Ibid . When the head of a family applied to the Ordinary, by petition, to have a homestead set apart for his family, under section 2013 of the Code, accompanied by a schedule of his property, and the land was sold at Sheriff's sale pending this application, the purchaser at such sale, with notice that such application was pending, took the property under section 2018 of the Code, subject to the incumbrance of the homestead when properly laid off. Part I., Vol. 40, Ga. R., p. 293. If the purchaser is proceeding to have the Sheriff turn out the family and put

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him in possession, and the head of the family has acted in good faith and with reasonable diligence for the purpose of having the homestead laid off, this will, under section 3153 of the Code, authorize the court of chancery to interfere by injunction to restrain the eviction till the parties can be fairly heard and their rights be adjudicated. And if the chancellor, under a misapprehension of the legal rights of the family, has dissolved the injunction, and directed the Sheriff to proceed to turn the family out of their home, this court will interfere and control the discretion of the court below, and require the injunction to be retained till the hearing. Ibid . An application was made to the Ordinary of Randolph county for the benefit of a homestead, as provided in the act of 1868, and there was a demurrer to the application on the ground that the applicant did not allege therein that he was the head of a family, or guardian or trustee of a family of minor children , which demurrer was overruled. Held , That the court below erred in overruling the demurrer to the application of the party claiming the benefit of the homestead, as the same did not affirmatively show that he was entitled to a homestead under the provisions of the act. Ibid , 173. Held also , That when an appeal is taken from the judgment of the Ordinary in allowing or refusing a homestead, as provided by the act of 1868, the whole case is brought up by the appeal, and either party may, in the appellate court, raise any objection or make any motion in relation thereto, authorized by law, as in other appeal cases from the Court of Ordinary. Ibid . The exceptions in the homestead provision of the Constitution of 1868 apply as well to the personalty as to the realty set apart, provided the specific property is capable of identification. Ibid , 485. Under the former rulings of this court, a decision of the court below, that the homestead is subject to the payment of a judgment obtained prior to the passage of the homestead law, which does not fall within one of the exceptions mentioned in said act, as construed by this court, is erroneous. Ibid , p. 73. The right of a family of minor children to a homestead is a sufficient estate to justify the Judge of the Superior Court in appointing a trustee, and said trustee or guardian, or next friend of the family of minors, may apply for such homestead in their behalf. Ibid , p. 555. The homestead and exemption for a family of minor children being in pari materia with the laws allowing dower to the widow and minor children, is to be construed in harmony therewith, and such family of minors take such homestead and exemption subject to the dower in the same and to the year's support. Ibid . The minor children of a deceased father are entitled, as against the creditors of the father, to the homestead and exemption provided for by article 5, section 1, of the Constitution of 1868. Ibid . The effect of said homestead and exemption upon the rights of the heirs at law, if any such there be, who are of full age, it is not for the creditors of the father to litigate on the application for the homestead. The said heirs, as such, cannot be parties to the proceeding, nor can their rights be adjudicated therein, and this court, they not being parties, makes no judgment upon the question. Ibid . The creditor of the father, out of whose estate a homestead and exemption is claimed for his minor children, may make objections to the regularity of the proceedings, contest the right of applicants to be considered the family of minors of the deceased, and make any of the other issues proper to be made before the Ordinary, as provided by the statute for setting aside the homestead. Ibid .

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TITLE XI. INCORPORATIONS. SUBDIVISIONS OF. Division IBANKS AND BANKING COMPANIES. Division IICITIES AND TOWNS. Division IIIINSURANCE COMPANIES. Division IVMANUFACTURING COMPANIES. Division VMINING COMPANIES. Division VIPLOW AND TRANSPORTATION COMPANY. Division VIIRAILROAD COMPANIES. Division VIIITELEGRAPH COMPANIES. Division IXTURNPIKE COMPANIES. Division XWATER COMPANIES. I.BANKS AND BANKING COMPANIES. No. Act. 65. AlbanyCity Bank of. 66. AmericusBank of. 67. Brunswick Bank Trust Company. 68. Bainbridge Banking Company. 69. Central Georgia Banking Company. 70. Central Railroad Banking Company. 71. Commercial Bank Trust Company. 72. Cuthbert Banking, Loan Trust Company. 73. Darien Banking Company. 74. Dollar Savings Bank of Atlanta. 75. Farmers' Bank of Western Georgia. 76. Fort Valley Loan Trust Company. 77. Freedman's Savings Bank of Madison. 78. Georgia Agricultural Bank, etc. 79. Georgia State Banking Company. 80. Georgia Loan Banking Company. 81. Georgia Railroad Banking Company. 82. Georgia Loan Trust Company of Atlanta. 83. GeorgiaBank of State of. 84. Georgia Banking Company. 85. Griffin Loan, Trust Savings Institution. No. Act. 86. Griffin Banking Company. 87. InteriorBank of. 88. Laborers', Merchants' Mechanics' Loan and Trust Company. 89. Laborers', Merchants' Mechanics' Loan and Trust Company. 90. MaconCity Banking Company of. 91. Macon Banking Company. 92. Merchants' Exchange Bank of Augusta. 93. Newnan Bank, Loan Trust Company. 94. Ocean Bank Trust Company. 95. People's Bank of Albany. 96. People's Bank of Macon. 97. People's Savings Bank Trust Company of Savannah. 98. Planters' Loan Banking Association. 99. Planters' Bank of Forsyth. 100. Planters' Laborers' Loan Trust Company. 101. Planters' Exchange Bank of Macon. 102. Planters' Miners' Bank of State of Georgia. 103. Planters Loan Savings Bank. 104. Savings Bank of Barnesville. 105. Southern Bank of Georgia.

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(No. 65.) An Act to incorporate the City Bank of Albany, in the city of Albany, Georgia. Section 1. The General Assembly of the State of Georgia do enact , That Richard K. Hines, Louis P. D. Warren, Richard Hobbs, Nelson Tift, L. E. Welch, and Robert J. Bacon, with their associates and successors be, and they are hereby, constituted and made a body corporate and politic under the name and style of the City Bank of Albany, and by this 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: Provided , nothing contained in this bill shall be so construed as to authorize said company to purchase, hold, sell, or deal in any real estate or personal property more than be necessary for legitimate banking purposes; 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. Corporators Style. General powers of. Proviso. Sec. 2. The capital stock of said company shall be fifty thousand dollars ($50,000,) with power in the stockholders to increase the same to any amount not exceeding the sum of two hundred and fifty thousand dollars ($250,000,) to be divided into shares of one hundred dollars ($100) 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 each stockholder shall be personally liable to the creditors and depositors of said bank for the amount of their debts in proportion to the stock he may own.) Capt'l stock. Shares transferable Liability of stockhold'rs Sec. 3. The officers of said company shall consist of a president, six directors, a cashier, and such minor officers as they may deem necessary for the efficient management of their affairs. The president and directors shall be elected annually on the first Wednesday in October, 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. Officers of the comp'ny When electedterm. 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 course of business, and he shall have power to bind the company by signing bills, notes, checks, receipts, or certificates of deposit, in conducting the business of the bank. Cashierelected. 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

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necessary and expedient, and not in conflict with the laws of the land: Provided , That said bank shall in no case loan money for a greater per cent. than the legal rate of interest in this State. Powers of company. Sec. 6. The persons herein named as corporators shall meet and organize within six (6) months after the passage of this act, and they may commence business so soon as fifty per cent. in lawful currency of the United States shall have been paid in by the stockholders. Shall organizewhen. Sec. 7. The annual meeting of the stockholders of the company shall be held at the banking house in the city of Albany, on the first Wednesday in Octeber, 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 for the transaction of any special business, by giving ten (10) days' notice in one or more of the Albany newspapers. Annual meetingwhen held. 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 of each year, to its stockholders and 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 statements shall be kept in a book for that purpose for future use, and shall publish the same in some public gazette in Albany, Georgia. Semi-annual statement How made and what. 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 placed in frame. Sec. 10. This act shall take effect from the time of its passage, and continue in force for thirty years, and all acts militating against the same are hereby repealed. Approved September 28, 1870. (No. 66.) An Act to incorporate the Bank of Americus, in the city of Americus, Georgia. Section 1. The General Assembly of the State of Georgia do enact , That W. W. Barlow, William Hooks, W. T. Davenport, Samuel H. Hawkins, Thomas G. Bryan, F. M. Coker, and Moses Speer, with their associates and successors be, and they are hereby, constituted and made a body corporate and politic, under the name and style of the Bank of Americus, and by this 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

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same at pleasure; to discount notes and drafts; to buy and sell bills of exchange; to receive deposits upon terms agreed upon by the parties; ( Provided , the rate of interest shall not exceed that allowed by law,) to make advances and loans upon property, both real and personal, to corporate bodies, to merchants, to farmers on growing crops, or to other parties to deal in the precious metals, bonds, stocks, or choses in action, claims and rents; to acquire any franchise by purchase or otherwise; to do a general banking business, and to perform all such acts to enforce the payment or fulfilment of any contract made to or with it. Corporators. Style. General powers. Sec. 2. The capital stock of said bank shall be one hundred thousand dollars, with power in the stockholders to increase it to an amount not exceeding 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, 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. The individual property of the stockholders at the time of suits shall be liable for the ultimate payment of the debts of the company in proportion to the amount of stock owned by each stockholder. Sec. 3. The officers of said company shall consist of a president and four directors, a cashier and such minor officers as they may deem necessary for the efficient management of their affairs. The president and directors shall be elected annually on the first Wednesday in October, and shall hold their offices for one year, and until their successors are elected and take their seats. They shall have the general arrangement and control of the affairs of said company, subject to the supervision of the stockholders at their regular meetings. Company officers. Annual election. 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 that shall come into his possession in the regular course of business; he shall have power to bind the compnay by signing notes, bills, checks, receipts or certificates of deposit, in conducting the business of the bank. Cashier electedhow and duties of. 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 this State. They shall also have power to establish agencies at any point they may deem proper. By-laws, etc 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 as soon as fifty thousand dollars in lawful currency of the United States shall have been paid in by the stockholders. Oganizewhen. Sec. 7. The annual meeting of the stockholders of the company

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shall be held at their banking-house in the city of Americus, 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. Stockholders owning a majority of the stock may call a meeting of the stockholders by giving ten days' notice in one or more of the Americus papers. Annual meetings. Sec. 8. The board of directors shall elect from their midst a president, who must always be a stockholder, and no person shall be eligible to the office of president of this company who shall not own in his right at least one hundred shares ($10,000) of the capital stock of this company; failing in which, he shall be disqualified for this office. The said W. W. Barlow, Wm. Hooks, W. T. Davenport, Samuel H. Hawkins, Thomas G. Bryant, F. M. Coker and Moses Speer, shall be directors of this company from the organization until the first annual meeting of stockholders, the said meeting to be held as hereinbefore prescribed. Presidenteligibility of Sec. 9. 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 this State, of all its debts, liabilities and assets whatsoever, 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 further reference. Semi-annual statements. Sec. 10. 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 must be exposed, etc. Sec. 11. This act shall take effect from its passage, and continue in force thirty years. Sec. 12. All laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 67.) An Act to incorporate the Brunswick Bank Trust Company . Section 1. Be it enacted, etc. , That John B. Habersham, S. E. Neiler and Isaac Jackson, together with such other persons as are now or may hereafter become stockholders in the said corporation, shall be, and are hereby, created a body politic and corporate by the name and style of the Brunswick Bank Trust Company, and shall have perpetual succession, and by that name shall and may sue and be sued, plead and be impleaded, defend and be defended, and by that name are hereby made able and capable to have, purchase,

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receive, possess, enjoy and retain to them and their successors such real estate as may be necessary for the transaction of their business, together with such as may be held by said corporation as security for debts, or in satisfaction thereof, and the same to grant, mortgage or demise [devise]; also to make, have and use a common seal, and the same to alter and renew at pleasure, and to establish and put into execution all such by-laws and regulations as they shall deem necessary for governing and regulating said corporations, not inconsistent with the Constitution and laws of the State or the United States: Provided , That the rate of interest charged shall not exceed that allowed by law. Corporators Style. Succession. Powers. Sec. 2. That it shall be lawful for the said corporation to receive deposits of money from individuals and corporations, and issue certificates of deposit for same; to allow interest for money so received as may be agreed upon between said corporation and said depositors; to loan out the same, together with any other moneys they may have, by discounting or purchasing negotiable notes, drafts, bills of exchange, gold and silver, corporation bonds and stocks, State and United States securities. Special powers of. Sec. 3. It shall be lawful for said corporation to borrow money, but not in excess of its capital stock subscribed, and to secure the same by mortgage on their real and personal property, or pledge of stocks or bonds, or otherwise, and to have and enjoy all and every right, privilege, power and franchise incident and belonging to incorporated bodies. Sec. 4. That the capital stock of said corporation shall be one hundred thousand dollars, with the privilege of increasing to five hundred thousand dollars, to be divided into shares of one hundred dollars each, which shall be paid in such installments as the said corporation shall by their by-laws direct: Provided , That the said corporation may commence business as soon as one hundred thousand dollars of the capital stock shall have been subscribed, and twenty-five per cent. of subscriptions paid in: Provided further , That no increase of the capital stock of said company shall be allowed until the present capital stock is all paid in, and twentyfive per cent. of said proposed increase shall be paid in. Capit'l stock Shares. Proviso. Sec. 5. That the affairs of said corporation shall be conducted by a board of not less than three nor more than five directors, to be chosen as hereinafter directed and provided for; that a president and cashier and other officers shall be elected by a majority of the board of directors, and said board shall fix the compensation of all officers. Company affairshow conducted. Sec. 6. That the said company shall be responsible to its creditors to the extent of its property; that the stockholders shall be individually liable for the debts of the company in proportion to the number of shares owned by each. Liabilities. Sec. 7. That the said corporation shall keep their office in some suitable place in the city of Brunswick, and on the first Monday of January, after the organization and acceptance of this charter, and on the first Monday of January annually thereafter, the stockholders

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shall convene at the office of the corporation, and by ballot elect a board of directors, who shall continue in office until their successors are elected. Each share of stock shall entitle the holder to one vote in person or by proxy. In case of death or resignation, the board shall fill all vacancies. Officewhere kept. Elect board of directors. Sec. 8. The bank, through its proper officers, shall make a semi-annual report of its assets and liabilities, under oath, to the Governor of the State, and publish the same in some newspaper published in the city of Brunswick. And this charter shall continue in force thirty years. Semi-annual report. Sec. 9. All laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 68.) An Act to incorporate the Bainbridge Banking Company . Section 1. The General Assembly of the State of Georgia do enact , That Hardy G. Crawford, Alexander A. Allen, John D. Dickenson, Samuel H. Dickenson, Henry M. Beach, George W. Hines, and Floyd S. Babbit, and such other persons as may hereafter be associated with them as their successors and assigns, are hereby constituted a body corporate under the name of the Bainbridge Banking Company, and in that name shall have succession, and may sue and be sued in any court whatever, with such powers and privileges as are hereinafter provided. Corporators. Name. Succession. Powers. Sec. 2. Be it further enacted , That the capital stock of said company shall not exceed the sum of two hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said capital subscribed, and fifty per cent. of the fifty thousand dollars paid in, in lawful money of the United States, the said company may organize and proceed to business under this act. Capit'l stock Shares. May organize. Sec. 3. Be it further enacted , That said company shall have power to make advances to planters for the purpose of developing the agricultural interests of the State, in loans on mortgages on real and personal property of any and all kinds, and upon crops to be raised, or other securities; to receive deposits of money and all valuables of any kind, and the storage of produce, merchandise and other things, and to erect suitable offices and stores for their safe keeping, and issue receipts for the same; to buy and sell bonds, bills of exchange, promissory notes, other securities and other property, and advance and loan moneys. Provided , The rate of interest shall not exceed that allowed by law, securities and credits, and may charge and receive in addition such a commission

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on advances of money and negotiation of loans and for storage, as may be agreed upon between said company and the party or parties buying or selling such bonds, bills of exchange and promissory notes, or borrowing and receiving such moneys, securities or credits, and on deposits, and storing such valuables: Provided, however , That the rate of interest on loans so made (not including commissions,) shall not exceed the rate of interest allowed by the laws of this State; and the company shall have power to take and hold as security for, or in payment of, any loan or advances made, mortages, or other instruments or obligations, upon any and all kinds of property whatever, either real or personal; and said company shall have power to purchase, hold, sell and exchange and convey bonds or other property of any nature, and may execute and issue all such receipts, certificates, contracts or other instruments as may be necessary for the transaction of its business. Special powers of company. Sec. 4. Be it further enacted , That said company shall have power to receive moneys in trust or on deposit, and to invest the same at such rate of interest as may be agreed upon, or allow such interest thereon as may be agreed upon; shall have power to accept and execute all such trusts of every description that may be committed to them by any person or persons whomsoever, or any corporative [corporation] that may be committed or transferred to them by any court; and shall have power to take and accept by grant, or assignment, or bequest, or hold any real or personal estate in trust, created in accordance with the laws of this State, and execute such legal trusts in regard to the same, on such terms as may be declared established or agreed upon in regard thereto. Other powers enumerated. Sec. 5. Be it further enacted , That the business and corporate powers of said company shall be exercised by a board of not less than five directors, to be chosen as hereinafter provided, who shall elect from their number a president. Businessby whom managed. Sec. 6. Be it further enacted , That H. G. Crawford, A. A. Allen, J. P. Dickinson, S. H. Dickinson, H. M. Beach, G. W. Hines and F. S. Babbit, named in the first section of this act, or any two of them shall, and they are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such time and places, and for such amounts as a majority of them may deem proper, but for no less amount than fifty thousand dollars, as hereinbefore provided. The directors of said company shall be elected by a majority in interest of the stockholders of said company voting at said election, to be held, under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the subscription called for by them, and on the first Monday in May in every year thereafter. No stockholder, after the first election, shall be allowed to vote only on the amount of stock actually paid in; and should there be no election of directors at any annual meeting as hereinafter directed, the directors then in office shall continue until the next election, in which the majority of the stock shall be represented in person [Illegible Text]. Commissioners. To open books, etc. Directorshow elected.

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Sec. 7. Be it further enacted , That the principal office of the company shall be located in the city of Bainbridge; that the board of directors shall have power to appoint such agents, officers or employees as may be considered necessary, and may delegate power to transact any of its business to committees of directors, or to its officers or agents, as it may deem proper; and said board of directors may, by a majority of their whole number, make such by-laws, not inconsistent with the Constitution and laws of this State, as may be deemed necessary for the management of the business of said company, and may adopt a corporate seal, and change the same at pleasure. Principal office. Powers of directors. Sec. 8. Be it further enacted , That the minutes of the proceedings of the board of directors shall be kept in a book provided for that purpose, and signed by the president, chairman or secretary, and these minutes at all times shall be subject to the inspection of any stockholder. Each stockholder shall be entitled to a certificate of his respective shares of his capital stock, which shall be transferable, and the board of directors shall cause the registry and transfer of such shares to be so kept; and every transfer, to be valid, shall be made in such books, and signed by the shareholder or his or her attorney duly authorized in writing. Minuteshow kept. Subject to inspection. Sec. 9. Be it further enacted , That the board of directors, out of the funds of said company, shall defray its expenses and pay its debts, and declare and pay out of surplus net profits of its business, to its shareholders, or their duly authorized agents or attorneys, such dividends as they may deem expedient; such dividends, after the first six months the company has been in operation, be declared on the first Monday in January and July in each year, and due notice shall be given to the shareholders of the amount declared, and the time the same will be paid them. Board shall defray expenses. Declare dividends. Sec. 10. Be it further enacted , That the board of directors shall make semi-annual statements of the condition of said company on the first Monday in January and July in each year, to the stockholders and to the Governor of the State, of all its debts, liabilities and assets whatever, under oath by 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. Sec. 11. Be it further enacted , That said corporation shall, and are hereby authorized to act as trustees by the 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 litigation in the various courts of the State may be deposited with said Bainbridge Banking Company, pending said litigation, bearing the same interest as similar deposits. Corporation may act as trustees, etc Sec. 12. Be it further enacted , That each stockholder shall pay twenty dollars on each share at the time he subscribes for the same, and thirty dollars additional on each share before an organization of the company, and the board of directors shall then have

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power to call in such other installments as they may think proper from time, to time, by giving ten days' notice in a newspaper in the city of Bainbridge; and that the said company shall be responsible to its creditors to the extent of its property, and that the stockholders be individually liable for the debts of the company in proportion to the number of shares owned by each. What am't at time of subscripti'n Sec. 13. Be it further enacted , That this act shall take effect immediately upon its passage, and continue in force for thirty years. Sec. 14. Be it further enacted , That all laws in conflict herewith be, and the same are hereby, repealed. Approved October 26, 1870. (No. 69.) An Act to change the name of the Central Georgia Banking Company . Section 1. The General Assembly do enact , That the corporate name of the Central Georgia Banking Company, an institution located at Macon, Georgia, shall be, and the same is hereby, changed to that of the Central Georgia Bank, and by that name it shall hereafter be known and distinguished, and shall succeed to all the rights and liabilities which belong or attach to the Central Georgia Banking Company. Name changed. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 70.) An Act to extend, continue, and renew the banking privileges of the Central Railroad and Banking Company of Georgia . Section 1. Be it enacted, etc. , That the banking powers and privileges heretofore granted to the Central Railroad and Banking Company of Georgia, by an act approved December 14, 1835, and the various acts amendatory thereof, are hereby continued, renewed and extended for a further term of thirty years. Banking privileges of C. R. R. Banking Co. renewed for 30 years. Sec. 2. Be it further enacted , That all laws and parts of laws militating against the provisions of this act are hereby repealed. Approved September 23, 1870.

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(No. 71.) An Act to incorporate the Commercial Bank Trust Company of Savannah . Section 1. Be it enacted, etc. , That William Hacker, of Philadelphia, and M. J. Solomons, Henry Bryan, S. H. Eckman, John F. Wheaton, Thomas J. Molony, Jr., William Henry Woods and E. G. Dike, of Savannah, 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 Commercial Bank 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 may think proper, in the city of Savannah, and in the city of Philadelphia, if they deem it proper to do so, and receive all subscriptions that may be offered, to an amount not exceeding in the whole, one million dollars in shares of one hundred dollars each, whereof ten 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 commissioners, 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 subscripti'n Style. Powers of commissioners. Sec. 2. And be it further enacted by the authority aforesaid , That when the subscription authorized in the first section of this act shall amount to one million of dollars, or when one hundred thousand dollars in cash shall have been received 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 Commercial Bank Trust Company of Savannah, and by that name shall exercise corporate power, 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

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of aliening, conveying, mortgaging or otherwise disposing of the same in any manner that a natural person lawfully might dispose of similar property; said company shall 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 Co. becomes body corporate. Succession. Style. Corporate powers. Sec. 3. Be it further enacted by the authority aforesaid , That when the commissioners, who may act to receive subscriptions, as provided for by the first section of this act, shall have received one 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 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 company, seven in number, to 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 ten shares or upwards. All stockholders, at all elections of the company, and in all matters pertaining to the interest 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 two or more named in the first section of this act) shall be judges of the first election of directors, and 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 doings and actings as such commissioners; whereupon their functions shall cease. Election of board of directors. How held. Vote. Commissioners judges of election. Deliver to board certain effects. Sec. 4. Be it further enacted by the authority aforesaid , 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

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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. Term of office. President. His term of office. Vacancies. Vice-Pres't. Sec. 5. Be it further enacted by the authority aforesaid , That the number of directors of said company shall consist of seven, 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 the 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 power 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 power conferred on the board of directors, and repeal, alter, or amend any by-law or regulations which may be enacted or established by the board of directors. Number of directors. Powers-of board. Sec. 6. Be it further enacted by the authority aforesaid , 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 hereinafter provided, may continue to secure 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 transfer or assignment of stock shall operate to release the subscriber from any obligations to the company without the express agreement or consent of the board of directors. When. Board may continue to r'ceive stock. Powers of board. Sec. 7. Be it further enacted by the authority aforesaid , That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or call 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

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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 which case the portion previously paid in shall be forfeited to the company. Subscriber failing to pay. Board may enforce paymenthow. Sec. 8. Be it further enacted by the authority aforesaid , 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 directors, shall be valid or binding on the company, unless a majority of the stock shall be represented. Convention may be called. Sec. 9. Be it enacted by the authority aforesaid , That the said Commercial Bank 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 corporations may establish; and the said corporations 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 individuals, for themselves, or for the benefit of any minor or minors for whom they may be acting, and funds in litigation in the various courts of this State may be deposited in said Commercial Bank Trust Company pending said litigation, bearing the same interest as similar deposits. Special powers enumerated. Sec. 10. Be it enacted by the authority aforesaid , 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 indorsed or guaranteed by the State of Georgia, or in bonds or stocks of State, citizens or companies, whose bonds or stocks, at the time of each investment, shall be declared to be legal investments by the States wherein issued. Special trustshow invested. Sec. 11. The said Commercial Bank Trust Company shall make annually, to the Governor of the State, a correct and sworn statement of their affairs. Annual statements. Sec. 12. Be it enacted by the authority aforesaid , 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 give therefor such securities as may be considered best; to invest its funds upon such terms as they may deem best, and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and to do all other acts it may deem advisable for the safe-keeping and secure and profitable investment of its funds. Special powers.

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Sec. 13. Be it further enacted by the authority aforesaid , That the said company shall be responsible to its creditors to the extent of its property, and the stockholders shall be liable, individually, for the debts of the company in proportion to the number of shares held by them. Liability. Sec. 14. Be it enacted by the authority aforesaid , That this act and all its 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 property of the same kind and similar business transactions of individuals like corporations or citizens of this State. Duration. Taxation. Sec. 15. Be it further enacted by the authority aforesaid , That this charter shall be of force and effect for the term of thirty years. For 30 years Sec. 16. Be it enacted by the authority aforesaid , That if the sum of half a million of dollars be not subscribed and actually paid in within three years after the passage of this act, then all the privileges hereby and herein granted shall be forfeited. Actmust be complied withwhen. Sec. 17. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against the provisions of this act be, and the same are hereby, repealed. Approved October 18, 1870. (No. 72.) An Act to incorporate the Cuthbert Banking, Loan Trust Company . Section 1. The General Assembly of the State of Georgia do enact , That Arthur Hood, John Harris, Charles Harris, E. McDonald, Charles Stanley, A. J. Moy, M. J. Atkins, John Sealy, David Goff and T. L. Powell, and such other persons as may hereafter be associated with them as their successors and assigns, are hereby constituted a body corporate, under the name of the Cuthbert Banking, Loan Trust Company, and by that name shall have succession, and may sue and be sued in any court whatever, with such powers and privileges as are hereinafter provided. Corporators Name. Succession. Sec. 2. Be it further enacted , That the capital stock of said company shall not exceed the sum of two hundred thousand dollars, said stock to be divided into shares of fifty dollars each, and that when there shall be fifty thousand dollars of said capital subscribed, and fifty per cent. of the fifty thousand dollars paid in, in lawful money of the United States, the said company may organize and proceed to business under this act. Capit'l stock Shares. May organizewhen.

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Sec. 3. Be it further enacted , That said company shall have power to make advances to planters for the purpose of developing the agricultural interest of the State, in loans on mortgages on real and personal property of any and all kinds, and upon crops to be raised, or other securities; to receive deposits of money, and all other valuables of any kind, and the storage of produce, merchandise and other things, and to erect suitable buildings for their safe-keeping, and issue receipts for the same; to buy and sell bonds, bills of exchange, promissory notes, other securities and other property, and advance and loan moneys, securities and credits, [and may charge and receive, in addition, such a commission on advances of money and negotiations of loans, and for storage, as may be agreed upon between said company and the party or parties buying or selling such bonds, bills of exchange, and promissory notes, securities or credits, and on deposits and storing such valuables: Provided, however , That the rate of interest on loans so made (not including commissions) shall not exceed] the rate of interest allowed by the laws of this State. And the company shall have power to take and hold, as security for or in payment of any loan or advances made on mortgages, or other instruments or obligations, upon any and all kinds of property whatever, either real or personal; and said company shall have power to purchase, hold, sell and exchange and convey bonds or other property of any nature, and may execute and issue all such receipts, certificates, contracts or other instruments, as may be necessary for the transaction of its business. Special powers ofenumerated Sec. 4. Be it further enacted , That said company shall have power to receive moneys in trust or on deposit, and to invest the same at such rates of interest as may be agreed upon, or allow such interest thereon as may be agreed upon; shall have power to accept and execute all such trusts of every description that may be committeed to them by any person or persons whomsoever, or any corporation that may be committed or transferred to them by any court, and shall have power to take and accept by grant, assignment or bequest, or hold any real or personal estate in trust, created in accordance with the laws of this State, and execute such legal trusts, in regard to the same, on such terms as may be declared established or agreed upon in regard thereunto. Further powers. Sec. 5. Be it further enacted , That the business and corporate powers of said company shall be exercised by a board of not less than five directors, to be chosen as hereinafter provided, who shall elect from their number a president, and may declare, by by-laws, what number of directors shall be a quorum for the transaction of business. Businessby whom exercised. Sec. 6. Be it further enacted , That Arthur Hood, John Harris, Charles Harris, E. McDonald, Charles Stanley, A. J. Moy, M. J. Atkins, John Sealy, David Goff and T. S. Powell, named in the first section of this act, or any two of them, shall, and they are hereby appointed commissioners to, open books of subscription to the capital stock of said company. at such time and places, and

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for such amounts, as a majority of them may deem proper, but for no less amount than fifty thousand dollars, as hereinbefore provided. The directors of said company shall be elected by a majority in interest of the stockholders of said company voting at said election, to be held under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the subscription called for by them, and on the first Monday in May in every year thereafter. No stockholder, after the first election, shall be allowed to vote only on the amount of stock actually paid in; and should there be no election of directors at any annual meeting, as hereinafter directed, the directors then in office shall continue until the next election, in which the majority of the stockholders represented in person or by legal proxy. Commissioners to open books. Directorshow elected. Votes. Sec. 7. Be it further enacted , That the principal office of the company shall be located in the city of Cuthbert, and the board of directors may establish an agency at Bainbridge, and appoint such agents, officers or employees as may be considered necessary, and may delegate power to transact any of its business to committees of directors, or to its officers or agents, as it may deem proper; and said board of directors may, by a majority of their whole number, make such by-laws, not inconsistent with the Constitution and laws of this State, as may be deemed necessary for the management of the business of said company, and may adopt a corporate seal, and change the same at pleasure, and that each stockholder shall be individually liable in proportion to the amount of his stock for the ultimate payment of the debts of the company. Co's officelocation of. By-laws. Seal. Sec. 8. Be it further enacted , That the minutes of the proceedings of the board of directors shall be kept in a book provided for that purpose, and signed by the president, chairman or secretary, and the minutes, at all times, shall be subject to the inspection of any stockholder. Each stockholder shall be entitled to certificate of his respective shares of the capital stock, which shall be transferable, and the board of directors shall cause the registry and transfer of such shares to be so kept, and every transfer, to be valid, shall be made in such books, and signed by the stockholder, or his or her attorney duly authorized, in writing. Sec. 9. Be it further enacted , That the board of directors, out of the funds of said company, shall defray its expenses and pay its debts, and declare and pay out of surplus net profits of its business, to its stockholders, or their duly authorized agents or attoneys, such dividends as they may deem expedient; such dividends, after the first six months the company has been in operation, be declared on the first Monday in January and July in each year, and due notice shall be given to the stockholders of the amount declared, and the time the same will be paid them. Expenses of company. Profits. Sec. 10. Be it further enacted , That the board of directors shall make semi-annual statements of the condition of said company, on the first Monday in January and July in each year, to the stockholders, and to the Governor of the State, of all its debts, liabilities and assets whatever, under oath by their president and

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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 further reference. Semi-annual statements. Trustees. Sec. 11. Be it further enacted , That said corporation shall, and are hereby authorized to act as trustees by the 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 junior or juniors, for whom they may be acting, and funds in litigation in the various courts of this State may be deposited with said Cuthbert Banking, Loan Trust Company, pending said litigation, bearing the same interest as similar deposits. Sec. 12. Be it further enacted , That each stockholder shall pay twenty-five dollars on each share at the time he subscribed, and the board of directors shall have power to call in such other installments as they may think proper, from time to time, by giving ten days' notice in a newspaper in the city of Cuthbert. Am't to be paid at time of subscription. Sec. 13. Be it further enacted , That this act shall take effect immediately upon its passage, and continue in force for twenty-one years. Sec. 14. Be it further enacted , That all laws in conflict with this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 73.) An Act to alter and amend an act to incorporate the Darien Banking Company, approved March 4, 1869, and to change the name of the same. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, the name of the Darien Banking Company be changed to that of the Forest City Banking Company. Name changed. Sec. 2. Be it further enacted , That section six of the above recited act be so altered and amended as to allow the corporation therein named to meet and organize at any time within twelve (12) months after the fourth (4th) day of March, 1871. Sixth sec. of act changedhow. Sec. 3. Be it further enacted , That the word Darien be stricken out of the second line of section seven, (7) and the word Savannah be inserted in lieu thereof. Stricken out Sec. 4. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 22, 1870.

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(No. 74.) An Act to incorporate the Dollar Savings Bank of Atlanta. Section 1. The General Assembly of the State of Georgia do enact , That James M. Willis, William L. Gordon, J. F. Lindley, John B. Gordon, John Neal, John D. Pope, Wm. M. Lowry and John C. Hendrix, and their associates and successors, are hereby constituted a body corporate, under the name of The Dollar Savings Bank of Atlanta, and by that name shall have succession, and may sue and be sued. The principal office of said bank shall be located in the city of Atlanta, Georgia, and said bank shall have such powers and privileges as are conferred on the Georgia Loan Trust Company, by the act incorporating the same, approved October 5, 1868: Provided , That said bank shall be subject to same limitations and restrictions as to rate of interest and liability of its stockholders for debts of the bank, as are imposed by and contained in the said act incorporating the Georgia Loan Trust Company. Corporators. Name. Succession. Powersoffice and. Privileges. Sec. 2. The capital stock of said bank shall be fifty thousand dollars, with privilege of increasing the same to one hundred thousand dollars; said stock is to be divided into shares of twenty-five dollars each, and when there has been fifty thousand dollars of said capital stock subscribed and one-fifth thereof actually paid in, in lawful money of the United States, the said company may organize and proceed to business under this act. Capit'l stock. Shares. Organization of Co. Sec. 3. The corporate powers of said bank shall be vested in, and exercised by, a board of directors of not more than five persons, to be chosen as hereinafter provided, who shall elect from their number a president and cashier; a majority of said board shall constitute a quorum for the transaction of business. Bond of directors. President and cashier. Sec. 4. Said corporators, or any two of them, shall be, and they are hereby, appointed commissioners to open books of subscription for the capital stock of said bank, at the office of Gordon, Willis Co., in the city of Atlanta, for such amounts as they may deem proper, within the limits hereinbefore specified. The directors of said bank shall be elected by a majority in interest of the stockholders voting at an election to be held under the inspection of said commissioners at the place of subscription after the said books are closed; each share to represent one vote, and said directors to hold their office until their successors are elected, and to have power to make such by-laws as they may deem necessary to carry out the objects of the corporation, and may adopt a corporate seal, and change the same at pleasure. Commissioners to open books. Directorshow elected. Votes. Term of office and powers of. Sec. 5. The minutes of the proceeding of the board of directors shall be kept in a book provided for that purpose, and shall be signed by the president and secretary, and the same shall be at all times subject to the inspection of any stockholder. Each stockholder shall be entitled to a certificate of stock, when fully paid up, which may be transferred, at any time, by the stockholder

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signing such transfer by himself, his agent, or attorney in fact, in a book to be kept for that purpose. Book of entry, etc. Certificate of stock transferable. Sec. 6. Dividends of the net profits of the business of said bank shall be declared to the stockholders, according to the amount actually paid in by each, on the first Monday in January and July in each year; at the same times the board of directors shall make and publish statements of all the debts, liabilities and assets whatever of said bank, which statements shall be verified by the oath of the cashier, made before any officer authorized to administer an oath. Such statements shall be recorded and kept in a book for that purpose for future reference. Dividends. Statements published. Sec. 7. Each stockholder shall pay in twenty per cent. of his stock at the time of subscription for the same, and the board of directors shall have power to call in such other installments as they may think proper from time to time by giving ten days' notice thereof in writing: Provided , Not more than one-fifth of the amount subscribed shall be called in at any one time. 20 per cent. paid in at time of subscription. Proviso. Sec. 8. This act shall continue in force for twenty-one years, and each stockholder shall be individually liable for the ultimate payments of all the debts of the corporation created while he was a stockholder, in proportion to the amount of his stock. Duration. Sec. 9. All laws militating against this act are hereby repealed. Approved September 22, 1870. (No. 75.) An Act to incorporate the Farmers' Bank of Western Georgia. Section 1. Be it enacted etc. , That James W. Greene, Issac Cheny, Barnard Curly, W. H. F. Hall, Peter F. Mahone, John B. McCoy, Marion Bethune, or a majority of them, and their successors and associates be, and they are hereby, constituted and appointed a body politic and corporate, under the name and style of Farmers' Bank of Western Georgia, with such powers, grants, privileges, and the same liabilities and restrictions as are conferred on and to the John King Banking Company of Columbus. Corporators Style. Powers. Sec. 2. Be it further enacted , That the principal office of the Farmers' Bank of Western Georgia shall be located at Talbotton, Georgia. Principal office. Sec. 3. Be it further enacted , That all powers, privileges, grants, liabilities, and restrictions contained in an act entitled an act to incorporate the John King Banking Company, in the city of Columbus, and the City Banking Company of Macon, Georgia, are hereby conferred, granted, and given to said corporators named in the first section of this act. Powers, etc., of certain act conferred on this. Sec. 4. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 26, 1870.

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(No. 76.) An Act to amend an act to incorporate the Fort Valley Loan Trust Company, approved October 10, 1868. Section 1. Be it enacted, etc. , That the first section of an act entitled an act to incorporate the Fort Valley Loan Trust Company, approved October 10, 1868, be, and the same is hereby, amended so as to read, in the seventh and eighth line of said section, Planters' Bank, instead of Fort Valley Loan Trust Company. Sec. 2. Repeals conflicting laws. Approved October 27, 1870. (No. 77.) An Act to incorporate the Freedman's Savings Bank of Madison. Whereas, There are a number of colored persons who, for the want of experience, are incapable of investing their small incomes and earnings; And Whereas, It is desirable to encourage economical and provident habits among them, and more especially in the young, the laboring and the dependent: Preamble. Section 1. Therefore be it enacted, etc. , That Monday Floyd, Edward Johnson, Alfred Ogleby, March Howell, Thomas Brooks, and their associates and successors, be constituted a body corporate and politic, to receive deposits of money at interest; to loan and invest the same, and to issue certificates of deposit, under the name of the Savings Bank of Madison, and by this name are invested with the following powers, rights and privileges, and subject to the following restrictions: Corporators Objects of corporation Name of. Sec. 2. Be it further enacted, etc. , That the capital shall be thirty thousand dollars ($30,000,) with the privilege of increasing to any amount not exceeding sixty thousand dollars ($60,000.) This capital shall be a fund pledged for the security of deposits. Capit'l stockmay increase. Sec. 3. Be it further enacted , That shares of stock shall be twenty-five dollars ($25,) and the stockholders shall vote at all meetings in proportion to the number of their shares. Shares. Sec. 4. Be it further enacted , That the stockholders shall have power to make rules, regulations and by-laws for the management and direction of its officers, in accordance with the laws of this State, through their properly constituted officers. They shall have power and authority to do everything necessary and proper for the safe and successful management of the bank. Powers of stockhold'rs

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Sec. 5. Be it further enacted , That this institution may go into operation as soon as twenty thousand dollars ($20,000) of the capital stock shall be paid in, and not before. May go into operationwhen. Sec. 6. Be it further enacted , That the personal property of the stockholders shall be liable for all the debts of said savings bank, and for all money deposited in said bank pro rata in the amount of stock in said bank, and there shall be no transfer of stock until sixty days' notice has been given in some public gazette in the city of Madison, and if there be no public gazette there, then a public gazette in Atlanta. Liabilities of company. Stock not transferable without notice. Sec. 7. Be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 78.) An Act to incorporate the Georgia Agricultural Bank, and granting certain powers and privileges to the Georgia Railroad Banking Company. Section 1. The General Assembly of the State of Georgia do enact , That E. R. Carr, J. J. Williams, R. H. Atkinson, 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 Georgia Agricultural Bank, 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. Sec. 2. Be it further enacted , That said banking company shall have the right to use a common seal. Sec. 3. Be it further enacted , That the 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. Seal. Capit'l stock Shares. Sec. 4. Be it further enacted , That 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 desire. Installm'ntshow and when paid.

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Sec. 5. Be it further enacted , That 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 action, 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 in default. Shares may be soldhow. Sec. 6. Be it further enacted , That the principal office of said company shall be at Atlanta, 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. Be it further enacted , That 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 stockholder; failing in which, he shall be disqualified for this office. The said E. R. Carr, J. J. Williams, and R. H. Atkinson, shall be the directors of this compamy from the organization until the first annual meeting of the stockholders, the 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. Businesshow managed. President. First directors. Sec. 8. Be it further enacted , That 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. Cashierelected. Term of office. Sec. 9. Be it further enacted , That 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 government or private individuals; to make advances for improvements or encouragement of transportation by water or land; to acquire, possess and direct any property, real or personal, which its interests may dictate; to nominate all the officers which the management of any such property may require; to deal in 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 acquire any franchise by purchase or otherwise, and to perform all such acts to enforce the payment or fulfillment

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of any contract made to or with it: Provided , That nothing herein contained shall authorize said bank to charge a higher rate of interest than that fixed by the laws of this State. Special powers of bank. Sec. 10. Be it further enacted , That 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 meeting. Sec. 11. Be it further enacted , That 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. Losses. Division of profits. Liability. Sec. 12. Be it further enacted , That the said E. R. Carr, J. J. Williams and R. H. Atkinson are hereby entitled commissioners for the opening and managing of subscription books of the said bank at Atlanta, 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 the privilege of increasing it to five hundred thousand dollars. Commissioners to open books. Capital. Sec. 13. Be it further enacted , That this act shall take effect immediately, and continue in force for thirty years. Sec. 14. Be it further enacted , That it shall not be lawful for the Georgia Railroad Banking Company to charge more than seven per cent. per annum on the amount of their loans and discounts, and they shall forfeit to the borrower all excess over and above seven per cent.: Provided , That all claims for recovery of such excess shall be made within sixty days from the time when it was paid. Ga. R. R. Banking Corestrictions on. Sec. 15. Repeals conflicting laws. Approved October 26, 1870. (No. 79.) An Act to incorporate the Georgia State 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 interests: Preamble. Section 1. Therefore be it enacted, etc. , That Henry Banks, Sr., Fred. Hope, C. H. Prince and J. Sherman, of the State of Georgia,

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and H. L. Palmer, of the State of New York, 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 Georgia State 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: Provided , That the rate of interest shall not exceed that allowed by law. Corporators Style. General powers. Proviso. Sec. 2. That the said banking company shall have the right to use a common seal. Sec. 3. Capital stock of said bank shall be one hundred and fifty thousand dollars, with 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 twenty 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. 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. Installmentshow and when paid in. 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 subscribers 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. Shares may be soldhow. Sec. 6. The principal office of said company shall be at Atlanta, in the State of Georgia, but it shall have the right to establish agencies in other counties and States, as its interests may require. Sec. 7. The business of the bank shall be managed by a board of seven (7) directors, four 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 Henry Banks, Sr., Fred. Hope, C. H. Prince, J. Sherman and H. L. Palmer, shall be directors of this company from its organization until the first annual meeting of the stockholders, the 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. Businesshow managed.

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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 the stockholders; the acts of this company shall be attested by the signatures of the president and cashier, and the impress of the common seal affixed. Sec. 9. This bank shall have the 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, real or personal, which its interests may dictate; to nominate all the officers which the management of 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 acquire any franchise by purchase or otherwise, and to perform all such acts to enforce the payment in fulfillment of any contract made to or with it. Special powers of bank. 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 meeting. Votes. Statement of the business. 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. Liability. Sec. 12. The said Henry Banks, Sr., Fred. Hope, C. H. Prince, J. Sherman, and H. L. Palmer, are hereby entitled commissioners for the opening and managing subscription books of said bank at Atlanta, or 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 to five hundred thousand dollars. Commissioners to open books. Sec. 13. 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. Approved October 26, 1870.

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(No. 80.) An Act to incorporate the Georgia Loan Banking Company. Section 1. Be it enacted, etc. , That Aaron Champion, Thomas P. Robb, J. Lewis Lee, Peter LaRose, H. T. Perkins, George L. Lee and E. B. Bulkly, and their successors, shall be, and they are hereby, incorporated and made a body politic, with continued succession, under the name of the Georgia Loan Banking Company, to be located at Savannah, in this State, 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 competent jurisdiction; to have, purchase, receive, possess, enjoy and retain any species of property, real, personal or mixed, and alien, convey, lease, mortgage, or otherwise dispose of the same at pleasure; to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and to make and ordain all such by-laws, rules and regulations, and otherwise to do all acts and things necessary and proper to carry out the objects and purposes of this act and said corporation, not repugnant to the Constitution or laws of this State or of the United States: Provided , The rate of interest charged shall not exceed the amount allowed by law. Corporators Name. Corporate powers. Proviso. Sec. 2. That the aforesaid Aaron Champion, Thomas P. Robb, J. Lewis Lee, Peter LaRose, H. T. Perkins, George L. Lee and E. B. Bulkly, or any two or more of them, be, and they are hereby, constituted commissioners, whose duty it shall be to open books of subscription for the purpose of receiving subscriptions to the capital stock of said company, which books shall remain open for such length of time as the said commissioners or directors, to be hereafter elected, shall think proper, or until the whole amount of capital stock shall be subscribed for, first giving notice, at least twenty days previous, 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. Commissioners to open books. Sec. 3. That the capital stock of said company shall be two hundred thousand dollars, which may be increased by the company or directors thereof to any sum not exceeding one million dollars, which shall be divided into shares of one hundred dollars each, whereof fifty per cent. shall be paid to said commissioners at the time of subscription, in cash, and the said company may commence business as soon as fifty per cent. of the capital stock has been so paid. Capit'l stock Shares. Sec. 4. That when the capital stock of two hundred thousand dollars shall have been subscribed, and fifty per cent. paid in, in cash, on account thereof, it shall be the duty of the commissioners aforesaid to convene the subscribers thereto by giving ten days' notice in one or more of the newspapers of Savannah, of a time and place of meeting, when, or at any time thereafter, they may proceed to the election of a board of seven directors of the company

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to be chosen by ballot from the stockholders, who shall serve until the second Monday in January thereafter, or until their successors shall have been elected; and on the second Monday of January, annually, there shall be an election for seven new directors, and no person shall be a director who shall not be a stockholder to the extent of twenty shares or upwards; a majority of the directors shall constitute a quorum for the transaction of business. Election of directors. Term of. Annual election. Sec. 5. That all stockholders at all elections of the company, and in all matters pertaining to the interest of the company acted on by them, shall be entitled to one vote for every share of stock owned, and may vote either in person or by proxy in writing; any association, executor, administrator, guardian or other persons legally representing shares in this company, shall in like manner have the right of suffrage; all votes shall be by ballot, and in all cases a plurality of the votes given shall elect; the said commissioners who may act shall be judges of the first election of directors, and shall receive and count the votes, ascertain the result, and certify the same accordingly; after the election of directors, the said commissioners shall deliver to the directors all moneys and credits received by them on account of subscriptions, and the subscription books to the stock of said company, and be discharged from their duties. Votes. Votes by ballot. Sec. 6. That the directors so elected shall, at their first meeting thereafter, appoint a president from their own body, and the said president and directors may appoint a vice-president, whose duty it shall be to assist the president and to serve as president of the company during the absence of the regular president, and may appoint a cashier and such officers and agents under them as they may deem necessary and expedient, and fix the rate of their salaries or compensation, and may require of any such cashier, officer or agent appointed by the board, bond and security to the satisfaction of the directors, conditioned for the faithful performance and discharge of his duties and trusts, and shall have power to fill all vacancies which may occur in the office of director or president, or other officer or agent of the company, and may declare and pay, or cause to be paid, to the stockholders, at such time and in such manner as they shall deem proper, dividends from the earned profits of the company, and shall be capable of exercising such other powers and authority of making, revising, altering or amending all such by-laws and regulations for the government of this company, and of that of their officers and affairs, as they shall from time to time think expedient and not inconsistent with law. President. Sec. 7. That the directors shall have power to issue certificates of stock, stating the number of shares subscribed for, and the amount paid on each share, which certificate shall be deemed and taken as representing their respective amounts as capital stock in said company; each certificate so issued shall be signed by the president and cashier of said company, and shall be transferable in such manner as shall, from time to time, be prescribed and

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regulated by the directors; but no transfer of stock shall operate to release the subscribers from any obligation to the company without the express assent or agreement of the directors. Power of directors. Sec. 8. That the directors, after the first installment on subscription has been paid, shall have the power to call in further installments, as to them is deemed advisable, until the whole amount is paid in. Further powers. Sec. 9. That if any subscriber to the stock of the company shall fail or refuse to pay in the installments as they shall be called for by the directors, within the time required, the share or shares of stock upon which such failure occurs shall be forfeited, and may be sold or disposed of in such manner as the directors may order and provide; and the proceeds of the sale, and the sum or sums which may have previously been paid thereon, shall revert to and belong to the company; or, at their option, the directors may proceed to enforce the payment of the entire indebtedness for subscription to stock, by bringing suit therefor in any court having jurisdiction of the subject-matter thereof. Sec. 10. That any number of stockholders of said company, who own or represent at the time one-quarter of the actual capital stock, may call a meeting of the stockholders for purposes relative to the company, first giving twenty days' notice of the time and place of such meeting, by publication in at least one of the newspapers published in the city of Savannah, specifying in such notice the object of said meeting; but no act of the stockholders, in convention assembled, except the election of directors, shall be valid or binding, unless a majority of the stock shall be represented thereat. May call meeting of stockhold'rs Sec. 11. That said company shall have power to receive deposits of money, and issue certificates for the same, paying such interest therefor as may be agreed upon or provided by the by-laws; to loan and borrow money upon such terms and securities as may be considered best; to purchase bills, notes and other evidences of debt; to buy and sell bills of exchange, bonds, stocks, specie and bullion, and do all other acts, and exercise such incidental powers in relation thereto, as may be deemed necessary to carry on their lawful business; but the rate of interest charged shall not exceed the amount allowed by law. Special powers of company. Sec. 12. That said company may receive deposits from executors, administrators, trustees and guardians, of funds held by them for the benefit of any estate or person for whom they may be acting, and may receive deposits from Sheriffs, Tax Collectors, State, County or City Treasurers, Clerks of Courts, Receivers, or other agents of the courts of the State, of any funds in their possession or custody, or pending litigation, paying such interest therefor as may be agreed upon or as may be allowed similar deposits from individuals, and shall have power to receive deposits on interest, as a savings institution, under such rules and regulations as may be established by the directors. Sec. 13. That the directors shall keep regular minutes of their

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proceedings, and the books, papers, correspondence and funds of the company shall at all times be subject to the inspection of the directors or stockholders, whenever convened in accordance to the provisions of this act. Minutes kept, etc. Sec. 14. 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. Sec. 15. That the board of directors shall make semi-annual statements of said company the first Wednesday in January and July, in each year, to the stockholders, and semi-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 official authorized to administer oaths, and such statements shall be kept in a book for that purpose for future reference. Semi-annual statements, etc. Sec. 16. That the said company, and the property, funds and business transactions thereof, during its existence, shall be subject only to the same rate of taxation as is now, or may be hereafter, imposed by law upon money or other property, and similar business transactions of individuals, like corporations, or citizens of this State. Taxation. Sec. 17. That this charter, and all the powers, privileges and immunities granted by this act, shall continue in full force for the term of thirty years from and after the organization of said company. Duration. Sec. 18. That if the said capital stock of two hundred thousand dollars be not subscribed, and fifty per cent. thereof actually paid in, within three years after the passage of this act, the privileges therein granted shall be forfeited. Sec. 19. That all laws and parts of laws conflicting with or militating against this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 81.) An Act to extend, continue and renew the banking privileges of the Georgia Railroad Banking Company of Georgia. Section 1. Be it enacted, etc ., That the banking powers and privileges heretofore granted to the Georgia Railroad Banking Company, of Georgia, by an act approved December 18, 1835, and the various acts amendatory thereof, are hereby continued, renewed and extended for a further term of thirty years. Banking privileges of Ga. R. R. Banking Co. extended 30 years. Sec. 2. Be it further enacted , That all laws and parts of laws

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militating against the provisions of this act be, and the same are hereby, repealed. Approved October 19, 1870. (No. 82.) An Act to change the name of the Georgia Loan Trust Company of Atlanta, Georgia. Section 1. Be it enacted, etc ., That the name of the Georgia Loan Trust Company of Atlanta, Georgia, is hereby changed to that of the Georgia Banking Trust Company. Name changed. Sec. 2. All laws and parts of laws militating against this act are hereby repealed. Approved October 27, 1870. (No. 83.) An Act to incorporate the Bank of the State of Georgia. Section 1. It is hereby enacted, etc ., That T. J. Speer, M. A. Hardin, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby constituted a body corporate, under the name of the Bank of the State of Georgia, to be located in the city of Atlanta, and by that name shall have succession, may sue and be sued in any court whatever, with such powers and privileges as are hereinafter provided. Corporators Name. Succession. Sec. 2. Be it further enacted , That the capital stock of said company shall be one million of dollars, with the privilege of increasing the same to any amount not exceeding five millions, said stock to be divided into shares of one hundred dollars each; and when there shall be one hundred thousand dollars of said capital stock subscribed, and twenty-five per cent. of the one hundred thousand dollars actually paid in, in lawful money of the United States, the said company may organize and proceed to business under this act. Capit'l stock When Co. may organize. Sec. 3. Be it further enacted , That said company shall have power to make advances to planters in loans on mortgages on real or personal property of any and all kinds, and upon crops to be raised; to receive deposits of money and all other valuables of any kind, and to rent or purchase suitable offices and stores for their safe-keeping; to issue receipts for the same; to buy and sell bonds, bills of exchange and promissory notes, and advance and

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loan moneys, securities and credits, and may charge and receive, in addition to interest, such a commission on advances of money and negotiating loans, and for storage, as may be agreed upon between said company and the party or parties so buying or selling such bonds, bills of exchange and promissory notes, or borrowing or receiving such moneys, securities or credits, and for storing such valuables: Provided, however , The rates of interest on loans so made shall not exceed the rate of interest allowed by the laws of this State; and the said company shall have power to take and hold, as security for or in payment of any loans or advances made, mortgages, or other instruments or obligations, upon any and all kinds of property whatever, either real or personal; and said company shall have power to purchase, hold, sell, exchange and convey bonds or other property of any nature, and may execute and issue all such receipts, certificates, contracts or other instruments as may be necessary for the transaction of its business. This institution shall be authorized to act as trustee, by appointment of any court of the State, or by the selection of any executor or individual, for themselves, or for the benefit of any minor or minors for whom they may be acting, and funds in litigation in the various courts of this State, and may be deposited in this bank pending litigation, paying such interest therefor as may be agreed upon by the parties, thus affording a safe depository for all funds held for future disposition. Special powers of corporation. Sec. 4. Be it further enacted , That said company shall have power to receive moneys in trust or on deposit, and to invest the same at such rate of interest as may be agreed on, or to allow such interest thereon as may be agreed on; shall have power to accept and execute all such trusts of every description that may be committed to them by any person or persons whomsoever, or any corporation, and may be committed or transferred to them by any court, and shall have power to take and accept by grant, assignment or bequest, and hold any real and personal estate in trust created in accordance with the laws of this State, and execute such legal trust in regard to the same, on such terms as may be declared, established or agreed upon in regard thereunto: Provided , The rate of interest shall not exceed seven (7) per cent. May receive money on trust. Interest. Deeds of trust. Other powers. Sec. 5. Be it further enacted , That the business and corporate powers of said company shall be exercised by a board of not less than five (5) directors, to be chosen as hereinafter provided, who shall elect from their own number a president, and may declare, by by-laws, what number of directors shall constitute a quorum for the transaction of business. Proviso. Board of directors. President. By-laws. Quorum. Sec. 6. Be it further enacted , That the parties named in the first section of this act, or their successors or assigns, shall, and they are hereby, appointed commissioners to open books of subscription to the capital stock of said company, at such time and places, and for such amounts as they, or a majority of them, shall deem proper, but for no less an amount than one hundred thousand dollars, as hereinbefore provided. The directors of said company

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shall be elected by a majority in interest of the stockholders of said company voting at said election, to be held under the inspection of said commissioners, at such place as they may designate, within thirty days from the closing of the subscription called for by them, and on the first Monday in January in every year thereafter. The principal office of said company shall be located in the city of Atlanta, Georgia, with such branches as the directors may determine from time to time. Commissioners to open books. Election of directors. Where. When. Company's office. Sec. 7. Be it further enacted , That the company incorporated by this act shall be endowed with and entitled to all the rights, powers, privileges and franchises and immunities as are conferred upon the Central Railroad Banking Company, by an act entitled an act to incorporate the Central Railroad Banking Company, approved December 14, 1835, and the acts amendatory to the same, not inconsistent with the provisions of this act; and each stockholder shall be individually liable for the ultimate payment of the debts of the company in proportion to the amount of stock held by them. Powers, etc., of C. R. Banking Co. conferred upon this Co. Liability. Sec. 8. Be it further enacted , That the company shall, through its president and cashier, under oath before some proper officer, make semi-annual statements to the Governor of all its debts, liabilities and assets, and publish the same in some newspaper in the city of Atlanta. Annual statements to be made. Sec. 9. Repeals conflicting laws. Approved October 27, 1870. (No. 84.) An Act to incorporate the Georgia 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 interests: Section 1. Therefore be it enacted, etc ., That James W. Lathrop, George W. Wylly, John H. Gould, A. J. White, Leonard E. Welch, R. L. Mott and W. C. Morrill, of Georgia; F. D. Sturgis, of Ohio; Simon Cameron and G. Dawson Coleman, of Pennsylvania; Jacob W. Seaver and Franklin Weld, of Massachusetts, 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 Georgia Banking Company of Savannah, Georgia; said commissioners, or any two of them, are hereby authorized to keep open said books for such time as they think proper, in the city of Savannah, and also, if they deem expedient, in the

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city of New York, and receive subscription to an amount not exceeding in the whole one million of dollars, in shares of one hundred dollars each, whereof ten per cent. shall be paid to said commissioners at the time of subscription; all such subscriptions shall be binding upon the subscribers respectively, and their heirs and legal representatives, and be payable in such installments and at such times as the board of directors of said corporation shall prescribe. Commissioners to open books, etc.where Capit'l stock Shares. Subscriptions. Sec. 2. That when the subscription authorized by the first section of this act shall amount to one million of dollars, and ten per cent. thereof shall be paid to said commissioners, then the subscribers shall be and become a body corporate and politic, with continued succession, under the name of the Georgia Banking Company, 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 every description, and of aliening, conveying, leasing, mortgaging, or otherwise disposing of the same in any manner that a natural person might lawfully do; said corporation shall 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 commissioners become a body corporate. Style. General 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 one 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, requring 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, by ballot, for such number of directors of the company as the subscribers present at such meeting shall determine; 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; that the commissioners who may act (any two or more named in the first section of this act) shall be judges of the first election

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of directors, and shall receive and count the votes and ascertain the result, and certify accordingly; and the certificate of two 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 given for an electionhow held. Eligibility of directors. Voteproxy. Executors administrators control votes. Guardians. Judges of election. Duty of commissioners. 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. Term of office. President. Vacancieshow filled. Sec. 5. The board of directors shall consist of seven members: Provided , That the company, at any meeting held for the election of directors, may, by vote, enlarge or diminish the number for the current year. A majority of directors 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 time and manner as they may think proper, dividends from the earned profits of the company: Provided always , That the stockholders, in convention, shall have powers conferred on the board of directors to repeal, alter or amend any by-laws or regulations which may be enacted or established by the board of directors. Number of board. Proviso. Who constitute the board. Powers of. Sec. 6. The board of directors 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 transfer or assignment of stock shall operate to release the subscriber from any obligation to the company within six months from date of such

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transfer or assignment, and not then without the express agreement or consent of the board of directors. Other powers of board 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 any court of competent jurisdiction, or the said stock belonging to such delinquent, may, by resolution of the board of directors, be sold, in which case the portion previously paid in shall be forfeited to the company. Subscriber failing in payment. May be enforced. How done. 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 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 directors, shall be valid or binding on the company, unless a majority of the stockholders shall be represented. By whom convention may be called. When and where, etc. Sec. 9. That the said corporation 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 Georgia Banking Company, pending said litigations, bearing the same interest as similar deposits. Corporation may receive deposits. May act as trusteeshow. Sec. 10. 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 shall be deemed 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. Other special powers. Sec. 11. Said company shall have the power to take the charge, management or custody of, and to receive on storage or deposit, for safe-keeping or for shipment, goods, wares and merchandise, bullion, specie, plate, stocks, bonds, choses in action, certificates and evidences of debt and title, and other personal property; to guarantee the payment or collection of promissory notes, bills of exchange, bonds, choses in action, and the punctual performance of all contracts, obligations, and to advance and loan money, securities and credits on personal property and the faith and security thereof, and to transact and carry on all kinds of business usually

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transacted by warehouse men and lighter men within the limits of the State of Georgia, and to collect and to receive the usual and customary rates of dockage, wharfage, storage and lighterage for the use of their docks, quays, wharves and warehouses, and the machinery and elevators connected therewith, or the lighters employed by them, together with charges and expenses incurred in the receipt and delivery or custody of merchandise received by or stored with said company. The said business above mentioned shall be done upon such terms and conditions as may be agreed upon by the parties or established by said directors: Provided , That nothing in this section contained shall authorize said company to take unlawful commissions, nor to charge or receive for dockage, wharfage, storage or lighterage more than the rates established, or that may be established, by law or municipal regulations. May receive on storage. Guarantee payment. Other powers. Sec. 12. The said corporation may establish branches or agencies in such cities and towns as the directors shall determine, for the transaction of business, which shall at all times be under the control of the board of directors. Branches may be established. Control 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. The said Georgia Banking Company shall make annually, to the Governor of the State, a correct and sworn statement of their affairs. Annual sworn statements to Gov., etc. Sec. 15. 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 this 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 property of the same kind, and similar transactions of individuals, like corporations or citizens of this State. Act continues 30 years Taxation. 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. This act must be complied with in 3 years. Sec. 17. All acts and parts of acts inconsistent with this act are hereby repealed. Approved September 15, 1870.

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(No. 85.) An Act to change the name of the Griffin Loan, Trust Savings Institution, and to confer additional powers and privileges. Section 1. Be it enacted, etc. , That the name of the Griffin Loan, Trust Savings Institution be so changed as to read The Loan Savings Bank of Griffin. Name changed. Sec. 2. Be it further enacted , That said corporation shall enjoy all the powers and privileges, and [be] subject to the same restrictions of the Georgia Loan Trust Company of Atlanta, Georgia. Sec. 3. That all laws and parts of laws conflicting with this act are hereby repealed. Approved October 25, 1870. (No. 86.) An Act to incorporate the Griffin 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. Drumright, J. C. Freeman, James Neal and Samuel Bailey, with their associates and successors, are hereby constituted and made a body politic, under the name and style of the Griffin Banking Company, and by this 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 make advances to planters for the purpose of developing the agricultural interests of the State, in loans, on mortgages on real or personal property of any and all kinds, and upon crops to be raised; to receive deposits of money or valuables of any kind; to buy and sell bonds and promissory notes, and advance and loan moneys, securities and credits, and may charge, in addition to lawful interest, such a commission on advances of money and negotiating loans as may be agreed upon between said company and the party or parties buying or selling such bonds, bills of exchange or promissory notes, or borrowing or receiving such moneys, securities or credits; and the said company shall have power to take and hold as security for or in payment of any loan or advances made, mortgages or other instruments or obligations upon any and all kinds of property whatever, either real or personal; and the said company shall have power to purchase, hold, sell, exchange and convey bonds or other property of any nature whatever, and issue such receipts, certificates, contracts or other instruments, as may

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be necessary for the transaction of its business; and the said company shall have power to do a general business as a bank of discount and deposit, but shall have no power to issue notes or bills to be used as a circulating medium. Corporators Style. Powers of. Sec. 2. The capital stock of said company shall be one 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, which shall be transferable only on the books of said 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. The individual property to the stockholder, at the time of 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, etc. Shares transferable Liabilities. Sec. 3. The officers of said company shall consist of a president and seven directors, a cashier, who may be elected from the board of directors, and such other minor officers as they may deem necessary for the efficient management of their affairs. The president and directors shall be elected annually on the first Wednesday in October, and shall hold their office for one year, and until their successors are elected and take their seats; nevertheless, the said stockholders shall have power to elect said officers, when said company shall organize, who shall hold their office until the officers are regularly elected as provided for. They shall have the general management and control of the affairs of said company, subject to the supervision of the stockholders at their regular meeting. Company officers electedhow. Annual election. Sec. 4. The cashier shall be elected by the board of directors, and shall give bond as they may direct. It shall be the duty of the cashier, or the president, if the board of directors so elect, to keep safely all moneys, notes, bonds, bills or other property committed to their care, or shall come into their possession in the regular course of business; and they, or either of them, shall have power to bind the company by signing notes, bills, checks, receipts or certificates of deposit, in conducting the business of the bank. Cashierqualification and duty of. 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 land. By-laws. Sec. 6. The persons herein named as corporators may organize and commence business so soon as fifty thousand dollars, in lawful currency of the United States, shall have been paid in by the stockholders. Organizewhen. Sec. 7. The annual meeting 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 all the 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,

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for the transaction of any specific business, by giving ten days' notice in one or more of the Griffin newspapers. Annual meetingswhen held. Votes. 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 semi-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, etc. 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. Printed copy of charter. Sec. 10. That this act shall continue in full force for thirty years. Duration. Sec. 11. All laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 87.) An Act to incorporate the Bank of the Interior, in the city of Macon, Georgia. Section 1. The General Assembly of the State of Georgia do enact , That George S. Obear, Anthony L. Maxwell, Edmund J. Johnston, John W. Burke, with their associates and successors, be, and they are, constituted and made a body corporate and politic, under the name and style of the Bank of the Interior, and by this 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 bills of exchange; to receive deposits on terms agreed upon by the parties, (provided the rate of interest charged shall not exceed that allowed by law;) to make advances and loans on property, and to do a general business as a bank of discount and deposit. Style. Powers. 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, 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. The individual property of the stockholder shall at all times be liable for payment of the debts of the company in proportion to the amount of stock owned by each stockholder. Capital stock. Shares. How transferable. Liability.

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Sec. 3. The officers of said company shall consist of a president and seven directors, a cashier, and such minor officers as they may deem necessary for the efficient management of their affairs. The president and directors shall be elected annually on the first Wednesday in January, and shall hold their offices for one year, and until their successors are elected and take 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. Company officers. Annual election. Term of office. 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 promissory notes, checks, receipts or certificates of deposit, in conducting the business of the bank. Cashier electedduties of. 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 law of the State or United States. By-laws. Sec. 6. The persons herein named as corporators shall meet and organize as soon as stock to the amount of two hundred thousand dollars shall have been subscribed, and they may commence business as soon as one hundred thousand dollars in lawful currency shall have been paid in by the stockholders. Shall organizewhen. Sec. 7. The annual meetings of the stockholders of the company shall be held at the banking house, in the city of Macon, on the first Wednesday in January, 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 for the transaction of any specific business, by giving ten days' notice in one or more of the Macon newspapers. Annual meetingswhen and where held. Votes. Called meetings. Sec. 8. That the board of directors shall make semi-annual statements of said company on the first Wednesday in January and July in each year, to its stockholders, and semi-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-annaul statementsto whom and how made. 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. Printed charter. Sec. 10. This act shall take effect from the time of its passage, and continue in force for thirty years, and all acts militating against the same are hereby repealed. Approved October 26, 1870.

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(No. 88.) An Act to incorporate the Laborers', Merchants' Mechanics' Loan and Trust Company. Section 1. Be it enacted, etc. , That Henry M. Turner, Charles Craft, J. F. Long, W. A. Goodall, T. G. Steward, Edward Woodliff, A. H. Gaston, Nathaniel D. Smeed, J. C. McBurney, Willis Clay, William G. Johnson, Henderson Dumas, William Clark, Peter Perkins, Baily Clark, Mike Napier, Nero Smith, and such other persons as may hereafter be associated with them and their successors and assigns, are hereby constituted a body corporate under the name of the Laborers', Merchants' Mechanics' Loan and Trust Company, and by that name shall have succession, and may sue and be sued in any court of lower equity whatever, with such powers and privileges as are hereinafter provided. Corporators Style. May sue, etc Sec. 2. Be it further enacted , That the capital stock of said company shall be one hundred thousand dollars, with the privilege of increasing said capital stock at any time to two hundred and fifty thousand dollars, said stock to be divided into shares of one hundred dollars each; and when there shall be fifty thousand dollars of said capital stock subscribed, and twenty per cent. of the said fifty thousand dollars actually paid, in lawful money of the United States, the said company may organize and proceed to business under this act. Capit'l stock Shares. May organizewhen. Sec. 3. Be it further enacted , That H. M. Turner, Charles Craft, J. F. Long, W. P. Goodall, T. G. Steward, Edward Woodliff, A. H. Gaston, J. C. McBurney, Nathaniel D. Smeed, Willis Clay, W. G. Johnson, Henderson Dumas, William Clark, Peter Perkins, Baily Clark, Mike Napier, Nero Smith, named in the first section of this act, or any three or more of them, are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such time and place, and for such amounts as they, or a majority of them, may deem proper, but for no less amount than fifty thousand dollars, as hereinbefore provided; that when fifty thousand dollars is subscribed to the capital stock of said company, and seventy-five per cent. of that sum actually paid in, the said commissioners who may act to receive subscriptions as hereinbefore provided, shall cause notice to be given to the subscribers in such manner as they may deem proper, requiring them to meet at the time and place designated in such notice, to organize and elect a board of directors of said companythe said election to be held under the inspection of said commissionersthe directors, seven in number, to be chosen by ballot from the stockholders of said company voting at said election; all stockholders, at all elections of the company, and all matters pertaining to the interest of the company, shall be entitled to one vote for every share of stock owned, and may vote in person, or by proxy in writing; all votes shall be by ballot, and in all cases a plurality of the votes given shall elect; that the said commissioners who may act shall

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be judges of the first election, and after the election of said directors, the commissioners shall deliver to the directors the subscription books and all moneys and credits in their hands, whereupon their functions shall cease; stockholders shall be allowed to vote on the stock held or owned by them; they may vote by proxy for other stockholders. Commissioners to open books. Election of directors. Votes. Subscription books. Sec. 4. Be it further enacted , That after the first board of directors, who shall be elected to serve until the first Monday in January, after the election, the election for directors shall be on the first Monday in January, and every year thereafter; and should there be no election on that day, the directors then in office shall continue till the next election, or until the election of their successors; the directors shall choose one of their own number as president, who shall act as president of the company, and shall, after the first election, hold his office one year, or until his successor is elected; every board of directors shall consist of seven, including the president, and shall have power to fill all vacancies which may occur in the office of directors or president. Annual election for directors. Election of president. Term of office of. Vacancies filled. Sec. 5. Be it further enacted , That said company shall have power to make advances to planters and others, for the purpose of developing the agricultural or mineral interests of the State, and may loan money upon such security as it may deem proper, having power to take and hold as security for, or in payment of any loan or advances made, deeds, mortgages or other collaterals or obligations upon any and all kinds of property, real or personal, and to sell, exchange and convey the same; to buy and sell bills of exchange and promissory notes; advance and loan money on securities and credits; to receive deposits of money and other valuables of any kind, and issue receipts for the same, and to rent or purchase suitable offices and stores for the transaction of its business, and may execute and issue all such receipts, certificates, contracts or other instruments as may be necessary for the transaction of its business. Special powers of Co. Sec. 6. Be it further enacted , That said company shall have power to receive money in trust or on deposit, and issue certificates for the same, paying such interest thereon as may be agreed upon, and under such rules as the said corporation may establish, and to invest the same; and shall have power to accept and execute all such trust of every description as may be committed to them, by any person or persons whomsoever, or any corporation, or committed or transferred to it by any court; and shall have power to take and accept, by grant, assignment, bequest, or in any other manner, and hold, any real or personal estate in trust in accordance with the law of this State, and execute such legal trust in regard to the same, on such terms as may be declared, established or agreed upon in regard thereto. May receive in trust, etc. Sec. 7. Be it further enacted , That the principal office of this company shall be located in the city of Macon, Georgia; that the board of directors shall have power to establish agencies, for the transaction of the business of said company, at any place they

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may deem proper, and to appoint such agents, officers and employees as may be considered necessary, giving its officers and agents such power as it shall deem proper; and said board of directors, or a majority of them, may make such by-laws, rules and regulations, not inconsistent with the Constitution and laws of this State, as may be deemed necessary for the management of the business of said company, and may adopt a corporate seal, and change the same at pleasure. Principal office-where located. Agencies. Sec. 8. Be it further enacted , That said corporation shall have power to receive money on deposit, paying such interest thereon as may be agreed upon; to loan and borrow money; to take and give such securities therefor as may be considered best; to invest its funds upon such terms as they may deem best, and transfer its property at pleasure. May receive deposits, etc Sec. 9. Be it further enacted , That each stockholder shall be entitled to a certificate of his or their respective shares of stock in said corporation, which shall be transferable, and every transfer to be valid shall be made on the books of said corporation, kept for that purpose, and signed by the stockholder, or his, or her, or their attorney, duly authorized in writing. Certificates of stock. Transferhow made. How signed. Sec. 10. Be it further enacted , That the board of directors of said company shall defray its expenses and pay its debts, and declare and pay semi-annually out of the surplus net profits of its business, to its stockholders, such dividends as they may deem expedient. Semi annual dividends. Sec. 11. Be it further enacted , That the board of directors shall make semi-annual statements, under oath of its president and cashier, of the condition of said corporation on the first Monday in January and July of each year, to its stockholders, and to the Governor of the State if required, of all of its debts, liabilities and assets, and such statement shall be kept in a book for that purpose. Semi-annual statementshow made, etc. Sec. 12. Be it further enacted , That each stockholder shall pay twenty-five per cent. on each share at the time he subscribes for the same, and the board of directors shall have the power to call in such other installments, from time to time, as they may think proper, by giving thirty days' notice thereof in one of the newspapers in the city of Macon, not to exceed twenty-five dollars on each share at any one time; and in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or calls for payment of their unpaid stock, which may be made by the board of directors, within the required time, the board of directors may at any time thereafter proceed to enforce the payment of the entire indebtedness for subscription to the 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 vald 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 order of the

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board of directors, be sold either at private or public sale, and the portion previously paid in shall be forfeited to the company. 25 per cent on each share to be paid. Other installments. Limit on. Failure to pay. Same may be enforcedhow. Sec. 13. Be it further enacted , That after due provision shall have been made for all losses of the past year, and for eventual losses of the future, for the payment of all officers or legal taxes, and all liabilities and penalties 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 held by each stockholder, and each stockholder shall be individually liable, in proportion to the amount of stock by them owned, for the ultimate payment of the liabilities of said company. Losses. Profits. Individual liability. Sec. 14. Be it further enacted , That this act, and all the privileges and powers herein granted, shall take effect immediately upon its passage, and shall continue in force for thirty years, and the property funds and business transactions of said corporation shall be subject to the same rate of taxation as is or may be imposed by law on money or property of the same kind and similar business transactions of individuals like corporations or citizens of this State: Provided , That nothing in this act shall be so construed as to permit the charging of more than legal interest. When this takes effect. Taxation. Sec. 15. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 89.) An Act to incorporate the Laborers', Merchants' Mechanics' Loan and Trust Company. Section 1. Be it enacted, etc. , That James M. Simms, Brister Green, James Porter, Jackson Sheftall, Albert Jackson, Charles L. Delemotta, W. A. Golden, Hezekiah Brown, W. L. Houston, Samuel Boles, David Watters, Simeon Merault, Cyrus Campfield, and such other persons as may hereafter be associated with them, and their successors or assigns, are hereby constituted a body corporate under the name of the Laborers', Merchants' Mechanics' Loan and Trust Company, and by that name shall have succession, and may sue and be sued in any court of law or equity whatever, with the powers and privileges as are hereinafter provided. Corporators. Style. Succession. Sec. 2. Be it further enacted , That the capital stock of said company shall be one hundred thousand dollars, with the privilege of increasing said capital stock at any time to two hundred and fifty thousand dollars, said stock to be divided into shares of one hundred dollars each; and when there shall be fifty thousand dollars of said capital stock subscribed, and fifty per cent. of said fifty thousand dollars actually paid in lawful money of the United States, the said company may organize and proceed to business under this act. Capit'l [Illegible Text] Shares. When Co. may organize.

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Sec. 3. Be it further enacted , That J. M. Simms, Brister Green, James Porter, Jackson Sheftall, Albert Jackson, Charles L. Delemotta, W. A. Golden, Hezekiah Brown, W. L. Houston, Samuel Boles, David Watters, Simeon Merault, Cyrus Campfield, named in the first section of this act, or any three or more of them, be and they are hereby, appointed commissioners to open books of subscription to the capital stock of said company, at such time and place, and for such amounts as they, or a majority of them, may deem proper, but for no less amount than fifty thousand dollars as hereinbefore provided; that when fifty thousand dollars is subscribed to the capital stock of said company, and fifty per cent. of that sum actually paid in, the said commissioners who may act to receive subscriptions, as hereinbefore provided, shall cause notice to be given to the subscribers in such manner as they may deem proper, requiring them to meet at the time and place designated in such notice to organize and elect a board of directors of said companythe said election to be held under the inspection of said commissioners, the directors, seven in number, to be chosen by ballot from the stockholders of said company voting at said election; all stockholders at all elections of the company, and all matters pertaining to the interest of said company, shall be entitled to one vote for every share of stock owned, and may vote in person or by proxy in writing; all votes shall be by ballot, and in all cases a plurality of the votes given shall elect; that the said commissioners who may act shall be judges of the first election, and after the election of said directors, the commissioners shall deliver to the directors the subscription books and all moneys and credits in their hands, whereupon their functions shall cease; no stockholder, after the first election, shall be allowed to vote only on the amount of stock actually paid in. Commissioners to open books. Election for board of directorshow held. Votes. May vote by proxy. Plurality elects. Sec. 4. Be it further enacted , That after the first election of directors, who shall be elected to serve until the first Monday in January after their election, the election for directors shall be on the first Monday in January in every year thereafter; and should there be no election on that day, the directors then in office shall continue until the next election, or until the election of their successors. The directors shall choose one of their own number as president, who shall act as president of the company, and shall, after the first election, hold his office for one year, and until his successor is elected. Every board of directors shall consist of seven, including the president, and shall have power to fill all vacancies which may occur in the office of director or president. Annual election for directors. Election of president. Term of office of. Vacancieshow filled. Sec. 5. Be it further enacted , That said company shall have power to make advances to planters and others for the purpose of developing the agricultural or mineral interests of the State, and may loan money upon such security as it may deem proper, having power to take and hold, as security for or in payment of any loan or advances made, deeds, mortgages, or other instruments or obligations, upon any and all kinds of property, real or personal, and to sell, exchange and convey the same; to buy and sell bills of

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exchange and promissory notes; advance and loan money, securities and credits; to receive deposits of money and other valuables of any kind, and issue receipts for the same; and to rent or purchase suitable offices and stores for the transaction of its business; and may execute and issue all such receipts, certificates, contracts or other instruments as may be necessary for the transaction of its business. Special powers enumerated. Sec. 6. Be it further enacted , That said company shall have power to receive money in trust or on deposit, and issue certificates for the same, paying such interest thereon as may be agreed upon, and under such rules as the said corporation may establish, and to invest the same; and shall have power to accept and execute all such trusts, of every description, as may be committed to them by any person or persons whomsoever, or any corporation, or committed or transferred to it by any court; and shall have power to take and accept by grant, assignment, bequest or in any other manner, and hold any real or personal estate in trust, in accordance with the law of this State, and execute such legal trust in regard to the same, on such terms as may be declared established or agreed upon in regard thereto. May receive money in trust, etc. Sec. 7. Be it further enacted , That the principal office of this company shall be located in the city of Savannah, Georgia; that the board of directors shall have power to establish agencies for the transaction of the business of said company, at any place they deem proper, and to appoint such agents, officers and employees as may be considered necessary, giving its officers and agents such power as it shall deem proper; and said board of directors, or a majority of them, may make such by-laws, rules and regulations, not inconsistent with the Constitution and laws of this State, as may be deemed necessary for the management of the business of said company, and may adopt a corporate seal, and change the same at pleasure. Co.where locatedagencies. By-laws. Sec. 8. Be it further enacted , That said corporation shall have power to receive money on deposit, paying such interest thereon as may be agreed upon; to loan and borrow money; to take and give such securities therefor as may be considered best; to invest its funds upon such terms as they may deem best, and transfer its property at pleasure, and do all other acts it may deem advisable: Provided , Nothing in this section shall authorize any charge or acts not authorized by the statute. Corporation may receive deposits. Proviso. Sec. 9. Be it further enacted , That each stockholder shall be entitled to a certificate of his or their respective shares of stock in said corporation, which shall be transferable; and every transfer, to be valid, shall be made on the books of said corporation, kept for that purpose, and signed by the stockholder, or his, or her, or their attorney duly authorized in writing. Stockholders entitled to certificates. Sec. 10. Be it further enacted , That the board of directors of said company shall defray its expenses and pay its debts, and declare and pay semi-annually, out of the surplus net profits of its business, to its stockholders, such dividend as they may deem expedient. Duty of board as expenses and debts, etc.

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Sec. 11. Be it further enacted , That the board of directors shall make semi-annual statements, under oath of the president and cashier, of the condition of said corporation, on the first Monday in January and July of each year, to its stockholders, and to the Governor of the State if required, of all its debts, liabilities and assets whatever, and such statement shall be kept in a book for that purpose. Semi-annual statementshow made. Sec. 12. Be it further enacted , That each stockholder shall pay twenty-five dollars on each share, at the time he subscribes for the same, and the board of directors shall have the power to call in such other installments, from time to time, as they may think proper, by giving two days' notice thereof in one of the newspapers in the city of Savannah, not to exceed twenty-five dollars on each share at any one time; and in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or calls for payment of their unpaid stock, 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 order of the board of directors, be sold, either at private or public sale, and the portion previously paid in shall be forfeited to the company. $25 on each share-when paid. Installmentshow called in. Amount of. Sec. 13. Be it further enacted , That after due provision shall have been made for all losses of the past year, and for any eventual loss 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 held by each, and each stockholder shall be individually liable in proportion to the amount of stock by him owned, for the ultimate payment of the liabilities of said company. When division of profits shall be made. How made. Liability. Sec. 14. Be it further enacted , That this act, and all the privileges and powers herein granted, shall take effect immediately upon its passage, and shall continue in force for thirty years, and the property, funds and business transactions of said corporation shall be subject to the same rate of taxation as is or may be imposed by law on money or property of the same kind and similar business transactions of individuals, like corporations or citizens of this State: Provided , That nothing in this act shall be so construed as to permit the charging of more than legal interest. Act goes into effectwhen. Duration of. Proviso. Sec. 15. That all the property and assets of said company shall be liable for its debts, and that the stockholders of said company shall be individually liable for the debts of the company in proportion to the number of shares owned by each. Liability. Sec. 16. Repeals conflicting laws. Approved October 27, 1870.

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(No. 90.) An Act to change the name of the City Banking Company of Macon. Section 1. The General Assembly of the State of Georgia do enact , That the corporate name of City Banking Company of Macon be, and the same is hereby, changed to that of the City Bank of Macon, and as such it shall hereafter be known and distinguished, and shall succeed to all the rights and liabilities which now belong to or attached to the City Banking Company of Macon: Provided, however , That the changing of the name shall not relieve this bank from any of its present liabilities. Sec. 2. Repeals conflicting laws. Approved October 27, 1870. (No. 91.) An Act to incorporate the Macon Banking Company. Section 1. Be it enacted, etc. , That B. F. Ross, B. A. Wise, J. W. Burke, G. B. Roberts, H. J. Lamar, J. B. Cobb, E. C. Granniss, and James H. Blount, 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 Macon Banking Company, and by that name may sue and be sued in any court whatever, and with the powers, privileges and immunities which may appertain to the same by this act. Corporators Style. Sec. 2. Be it further enacted by the authority aforesaid , That the said Macon Banking Company shall have the right to use a common seal. Seal. Sec. 3. Be it further enacted by the authority aforesaid , That the capital stock of the 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 a manner hereinafter provided; and after fifty per centum of said present capital stock shall have been subscribed and paid in, the company shall have a right to organize and transact business. Capit'l stock Shares. May organizewhen. Sec. 4. Be it further enacted by the authority aforesaid , That 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 subscribers from paying in the whole of the installments at any time, if by them and said board of directors unanimously desired. Installmentshow paid in.

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Sec. 5. Be it further enacted by the authority aforesaid , That whenever any subscriber shall fail to pay the amount of his subscriptionall the amount due upon the shares at the call of the board of directorsthe 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 date of the notice thereof to fulfill his or their engagements; 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 subscriber. Subscriber failing to pay, shares soldhow. Sec. 6. Be it further enacted by the authority aforesaid , That 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 officewhere kept. Sec. 7. Be it further enacted by the authority aforesaid , That 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 stockholder, failing in which he shall be disqualified for this office. The said B. F. Ross, B. A. Wise, J. W. Burke, G. B. Roberts, H. J. Lamar, J. B. Cobb, E. C. Granniss and J. H. Blount shall be directors of this company from the organization until the first annual meeting of the stockholders, the 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 may demand; but said by-laws shall not conflict with this charter nor the laws of this State. Businesshow managed. Presidenthow elected. First board. Annual meeting. Sec. 8. Be it further enacted by the authority aforesaid , That 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 the 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. Term of office of board. Sec. 9. Be it further enacted by the authority aforesaid , That the bank shall have a right to receive money on deposit, grant receipts for the same, and issue in 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 improvements or encouragement of transportation by water or land; to acquire, possess or direct any property, real or personal, which its interests 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 in

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actual claims and rents; to acquire and franchise by purchase or otherwise, and to perform all such acts to enforce payment or fulfillment of any contract made to or with it. Special powers ofenumerated Sec. 10. Be it further enacted by the authority aforesaid , That there shall be at least one annual meeting of the stockholders, when each share shall be counted one vote, either in person or by proxy; at each meeting the directors shall exhibit a full and complete statement of the business of the company during the past year. Annual meeting. Sec. 11. Be it further enacted by the authority aforesaid , That 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 held by each; and each stockholder shall be individually liable, in proportion to the amount of stock owned by him, for the ultimate payment of the liabilities of said company. Division of profits. Liability. Sec. 12. Be it further enacted by the authority aforesaid , That the said B. F. Ross, B. A. Wise, J. W. Burke, G. B. Roberts, H. J. Lamar, J. B. Cobb, E. C. Granniss, and J. H. Blount, are hereby entitled to commissions for opening and managing subscription books of the said Bank of 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. Commissioners entitled to commissions. Capit'l stock Sec. 13. Be it further enacted by the authority aforesaid , That the president and cashier of said company shall make semi-annual returns, under oath to the Governor, of the condition of the affairs of the company. Sec. 14. Be it further enacted by the authority aforesaid , That this act shall take effect immediately, and continue in force for thirty years. Approved October 21, 1870. (No. 92.) An Act to incorporate The Merchants' Exchange Bank of Augusta, Georgia. Section 1. Be it enacted, etc. , That Alfred Baker, J. C. Fargo, Thomas W. Coskey, D. R. Wright, John D. Butt, W. O'Doud, C. A. Rowland and J. W. Horton, or any seven of them who may organize under this act, and with their associates and successors, are hereby constituted a body corporate and politic to receive deposits of money on interest, or for accommodation, and loan the same under the name and style of The Merchants' Exchange

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Bank of Augusta, Georgia, and by that name and style are hereby invested with the following rights, powers and privileges, and made subject to the following restrictions. Corporators. Purposes. Style. Sec. 2. The capital stock of said company shall be two hundred thousand dollars, divided into shares of fifty dollars each, with the privilege of increasing the same to any sum not exceeding five hundred thousand dollars, as may be deemed expedient by them, to meet the wants of the community: Provided , Said capital stock shall not increase until the full sum of two hundred thousand dollars has been paid in. Capit'l stock Proviso. Sec. 3. That the board of directors shall make semi-annual statements of said company, on first Wednesday in January and July in each year, to its stockholders, and semi-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 official authorized to administer oaths, and such statements shall be kept in a book for that purpose for future reference. Semi-annual statementswhen and how made. Sec. 4. 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. Stock certificates issued. Stock bound for debtsto what extent. Sec. 5. The stockholders shall have power to make rules, regulations and by-laws for the management and direction of the affairs of the corporation, and in accordance with the laws of the State, through their properly constituted officers. They shall have power and authority to have and use a corporate seal, and to alter the same; to sue and be sued, plead and be impleaded; to have, and possess, and enjoy property, real, personal or mixed, and sell, transfer and convey the same; to discount notes, buy and sell bills of exchange, having not exceeding ninety-five days to run, at any rate of interest [that] shall not exceed the amount charged by law; to receive and sell merchandise and produce on commission, and do all things which they may deem needful for the safe and successful management of the corporate business. They may also issue certificates to depositors, but shall not issue bills or notes as a circulating medium. This bank may commence business as soon as fifty per cent. on each share subscribed for is paid in. Powers of stockholders. Sec. 6. This act shall take effect from the time of its passage, and continue in force for thirty years. Sec. 7. Be it further enacted , That it shall not be lawful for this or the following banksPlanters' Banking Company of Macon; City Bank of Macon; Savannah Loan Trust Company, Savannah, and the Central Georgia Banking Company of Maconto charge over seven per cent. per annum on any of their loans and discounts, and all over seven per cent. per annum shall be forfeited

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to the borrower: Provided, however , That he shall notify the cashier of said bank or banks, by commencing suit within sixty days after the payment of the extra interest, for the recovery of the same. Amount of interest to be charged by certain banks. Sec. 8. Repeals conflicting laws. Approved October 27, 1870. (No. 93.) An Act to incorporate the Newnan Bank, Loan Trust Company of Newnan. Section 1. Be it enacted, etc. , That Uriel B. Wilkinson, William B. Berry, Hugh Buchanan, Andrew B. Calhoun, George E. Smith, Robert D. Cole, Joseph E. Dent and Joel C. Broadnax of Newnan, and John F. Awtry of Troup county; George W. Camp of Carroll county; F. M. Brantley of Meriwether county; R. H. Jackson of Heard county; and Benjamin J. Wilson of Savannah, 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 Newnan, of this State, to be called The Newnan Bank, Loan Trust Company of Newnan. Said commissioners, or any two of them, shall have power, and are hereby authorized to keep open said books for such time as they may think proper, in the city of Newnan, and in the city of Savannah, if they deem it proper to do so, and receive all subscriptions that may be offered, to an amount not exceeding in the whole three hundred thousand dollars, in shares of one hundred dollars each, whereof twenty-five per cent. shall be paid to said commissioners at the time of subscription; but should it so happen that subscriptions to an amount exceeding three hundred thousand dollars, (which shall be the extent of the capital stock of said company,) be secured by the acting commissioners 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 three hundred thousand 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 Newnan, and in such other papers as they may deem best, at least twenty (20) 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

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times, as the president and directors, to be constituted under this act, may prescribe in conformity with the provisions of this act. Corporators Location. Style. May keep open subscription books, etc. Capit'l stock Shares. How paid in Capital stock may not exceed $300 000. Notice of opening bookshow given. Sec. 2. And be it further enacted by the authority aforesaid , That when the subscriptions authorized in the first section of this act shall amount to three hundred thousand dollars, or when twentyfive thousand dollars in cash shall have been received 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 Newnan Bank, Loan Trust Company of Newnan, 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, mortgaging, or otherwise disposing of the same in any manner that a natural person lawfully might dispose of similar property. Said company shall 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 the United States. When Co. becomes body corporate. Succession. General powers. Seal. Sec. 3. Be it further enacted by the authority aforesaid , That when the commissioners, who may act to receive subscriptions as provided for by the first section of this act, shall have received twentyfive 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 Newnan, 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 company, seven in number, to 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 thirty 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 two 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

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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. Election of directors. Qualifications of. Qualifications of. Votes. By proxy. Executors. How cast. Sec. 4. Be it further enacted by the authority aforesaid , 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 his successor is elected. Every board of directors shall have power to fill all vacancies which may occur in the office of directors 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. Term of office. President. Term of office of. Vice-Pres't. Sec. 5. Be it further enacted by the authority aforesaid , That the number of directors of said company shall consist of seven, including the president; but the company, in convention, shall have power to increase the number of directors as desired. A majority of the directors known to be in the city at the time of meeting, including the president or the 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 repeal, alter and amend any by-laws or regulations which may be enacted or established by the board of directors. Number of directors Constitute a board. Powers of. Sec. 6. Be it further enacted by the authority aforesaid , 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 three hundred thousand dollars, the board of directors, after the organization of said company as hereinbefore provided, may continue to secure additional subscriptions to

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the stock of the company, on such terms, and payable in such manner, as the board may prescribe, until the whole sumviz., three hundred thousand dollarsauthorized 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 which the stock or certificates of stock may be transferred; but no transfer 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. Additional subscriptions. Sec. 7. Be it further enacted by the authority aforesaid , 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 as is usual in other cases of suits 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 which case the portion previously paid in shall be forfeited to the company. Subscriber failing to pay. Payment enforcedhow. Sec. 8. Be it further enacted by the authority aforesaid , 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 Newnan, call a meeting or convention of all the stockholders of the company, at such time and place, in the city of Newnan, as may be in said call designated; but no act of the stockholders in convention, except the election of directors, shall be valid or binding on the company, unless a majority of the stock shall be represented. Convention may be called. Sec. 9. Be it enacted by the authority aforesaid , That the said Newnan Bank, Loan 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 litigation in the various courts of the State may be deposited in said Newnan Bank, Loan Trust Company of Newnan, pending said litigation, bearing interest the same as similar deposits. May receive deposits. Funds in litigation may be deposited with Sec. 10. Be it enacted by the authority aforesaid , That all special trusts for permanent investments shall only be invested by them in

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bonds of the United States, or bonds of the State of Georgia, or bonds indorsed or guaranteed by the State of Georgia, or in bonds or stocks of State, citizens or companies, whose bonds or stocks, at the time of such investment, shall, in the market, be at par or over. Permanent investments withhow made. Sec. 11. Be it further enacted by the authority aforesaid , That the said Newnan Bank, Loan Trust Company shall make semi-annually to the Governor of the State a correct and sworn statement of their affairs. Statement to the Gov. Sec. 12. Be it further enacted by the authority aforesaid , That the 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 it may deem best, and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and to do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Interest on deposits. Sec. 13. Be it further enacted by the authority aforesaid , That the said company shall be responsible to its creditors to the extent of its property, and the stockholders shall be liable individually for the debts of the company, in proportion to the number of shares held by them. Liability. Sec. 14. Be it enacted by the authority aforesaid , That this act, and all the privileges and powers herein granted, shall continue in force for the term of thirty (30) 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 property of the same kind, and similar business transactions of individuals, like corporations or citizens of this State. Duration of privileges. Taxation. Sec. 15. Be it further enacted by the authority aforesaid , That this charter shall be of force and effect for the term of thirty (30) years. Duration of charter. Sec. 16. Be it further enacted by the authority aforesaid , That nothing in this act shall be so construed as to authorize said company to loan money at a higher rate of interest than the legal rate. Rate of interest. Sec. 17. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against the provisions of this act be, and the same are hereby, repealed. Approved October 25, 1870.

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(No. 94.) An Act to incorporate the Ocean Bank Trust Company. Section 1. Be it enacted, etc. , That John R. Clark, Isaac W. Christian, Alexander N. Wilson, of Georgia; Edwin Parsons and George Parsons, of New York, and such other persons as may hereafter be associated with them and their successors and assigns, are hereby constituted a body corporate, under the name of the Ocean Bank Trust Company, and by that name shall have succession, and may sue and be sued in any court of law or equity whatever, with the powers and privileges as are hereinafter provided. Corporators Style. Sec. 2. Be it further enacted , That the capital stock of said company shall be one hundred thousand dollars, with the privileges of increasing said capital stock at any time to five hundred thousand dollars, said stock to be divided into shares of one hundred dollars each; and when there shall be one hundred thousand dollars of said capital stock subscribed, and fifty per cent. of the said one hundred thousand dollars actually paid in, in lawful money of the United States, the said company may organize and proceed to business under this act. Capit'l stock Shares. Organizewhen. Sec. 3. Be it further enacted , That John R. Clark, Alexander N. Wilson, Edwin Parsons and George Parsons, and Isaac W. Christian, named in the first section of this act, or any three or more of them be, and they are hereby, appointed commissioners to open books of subscription to the capital stock of said company, at such time and place, and for such amounts, as they or a majority of them may deem proper, but for no less amount than one hundred thousand dollars as hereinbefore provided; that when one hundred thousand dollars is subscribed to the capital stock of said company, and fifty per cent. of that sum actually paid in, the said commissioners who may act to receive subscriptions as hereinbefore provided shall cause notice to be given to the subscribers in such manner as they may deem proper, requiring them to meet at the time and place designated in such notice, to organize and elect a board of directors of said companythe said election to be held under the inspection of said commissioners. The directors, five in number, to be chosen by ballot from the stockholders of said company voting at said election. All stockholders at all elections of the company and all matters pertaining to the interest of the company shall be entitled to one vote for every share of stock owned, and may vote in person or by proxy in writing; all votes shall be by ballot, and in all cases a plurality of the votes given shall elect; that the said commissioners who may act shall be judges of the first election, and after the election of said directors the commissioners shall deliver to the directors the subscription books and all moneys and credits in their hands, whereupon their functions shall cease. No stockholders, after the first election, shall be allowed to vote only on the amount of stock actually paid in. Commissioners to open books of subscription. Election of directors. Votes. Vote by ballot. Regulation of votes.

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Sec. 4. Be it further enacted , That after the first election of directors, who shall be elected to serve until the first Monday in January after their election, the election for directors shall be on the first Monday in January in every year thereafter, and should there be no election on that day, the directors then in office shall continue in office until the next election, or until the election of their successors. The directors shall choose one of their own number as president, who shall act as president of the company, and shall, after the first election, hold his office for one year and until his successor is elected. Every board of directors shall consist of five members, including the president, and shall have power to fill all vacancies which may occur in the office of director or president. Directors. Term of office of. President. Term of office of. Sec. 5. Be it further enacted , That said company shall have power to make advances to planters and others for the purpose of developing the agricultural or mineral interests of the State, and may loan money upon such security as it may deem proper, having power to take and hold as security for or in payment of any loans or advances made, deeds, mortgages or other instrument or obligations upon any and all kinds of property, real or personal, and to sell, exchange and convey the same; to buy and sell bills of exchange and promissory notes, advance and loan money, securities and credits; to receive deposits of money and other valuables of any kind, and issue receipts for the same, and to rent or purchase suitable offices and stores for the transaction of its business. Sec. 6. Be it further enacted , That said company shall have power to receive money in trust, or on deposit, and issue certificates for the same, paying such interest thereon as may be agreed upon, and under such rules as the said corporation may establish, and to invest the same; and shall have power to accept and execute all such trusts of every description as may be committed to them by any person or persons whomsoever, or any corporation, or committed or transferred to it by any court, and shall have power to take and accept by grant, assignment, bequest or in any other manner, and hold any real or personal estate in trust, in accordance with the laws of this State, and execute such legal trust in regard to the same, on such terms as may be declared, established or agreed upon in regard thereto. Special powers enumerated. Sec. 7. Be it further enacted , That the principal office of this company shall be located in the city of Brunswick, Georgia; that the board of directors shall have power to appoint such agents, officers and employees as may be considered necessary, and said board of directors, or a majority of them, may make such by-laws, rules and regulations, not inconsistent with the Constitution and laws of this State, as may be deemed necessary for the management of the business of said company, and may adopt a corporate seal, and change the same at pleasure. Principa office-where located, etc. Sec. 8. Be it further enacted , That said corporation shall have power to receive money on deposit, paying such interest thereon as may be agreed upon; to loan and borrow money; to take and

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give such securities therefor as may be considered best; to invest its funds upon such terms as they deem best, and transfer its property at pleasure, and do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Specia powers. Sec. 9. Be it further enacted , That each stockholder shall be entitled to a certificate of his or their respective shares of stock in said corporation, which shall be transferable, and every transfer, to be valid, shall be made on the books of said corporation kept for that purpose, and signed by the stockholder, or his, or her, or their attorney, duly authorized in writing. Certificate of stock transferable Sec. 10. Be it further enacted , That the board of directors of said company shall defray its expenses and pay its debts, and declare and pay semi-annually out of the surplus net profits of its business to its stockholders, such dividends as they may deem expedient. Sec. 11. Be it further enacted , That the board of directors shall make semi-annual statements, under oath, of the condition of said corporation on the first Monday in January and July of each year, to its stockholders, and to the Governor of the State, of all its debts, liabilities and assets whatever, and such statement shall be kept in a book for that purpose, and to publish the same in a newspaper published in Brunswick. Semi-annual statements. When made Sec. 12. Be it further enacted , That each stockholder shall pay twenty-five dollars on each share at the time he subscribes for the same, and the board of directors shall have power to call in such other installments from time to time as they think proper, by giving ten days' notice thereof in one of the newspapers in the city of Brunswick and Savannah, not to exceed twenty-five dollars on each share at any one time; and in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or calls for payment of their unpaid stock, 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 order of the board of directors, be sold either at private or public sale, and the portion previously paid in shall be forfeited to the company. Duty of stockholder at time of subscripti'n Installm'nts Failing to pay. Enforcement ofhow. Sec. 13. Be it further enacted , That the said corporation shall be responsible to its creditors to the extent of its property; that the stockholders shall be individually liable for the debts of the company in proportion to the number of shares owned by such. Liability. Sec. 14. Be it further enacted , That this act, and all the privileges and powers herein granted, shall take effect immediately upon its passage, and shall continue in force for thirty years, and the property, funds and business transactions of said corporation shall be subject to the same rate of taxation as is or may be imposed by

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law on money or property of the same kind and similar business transactions of individuals, like corporations or citizens of this State. Duration. Sec. 15. Be it further enacted , That all laws militating against this act are hereby repealed. Approved October 26, 1870. (No. 95.) An Act to incorporate the People's Bank of Albany . Whereas, It is desirable to encourage and introduce capital in the State of Georgia, to relieve the necessities of the planting, commercial and manufacturing interests: Preamble. Section 1. Therefore be it enacted, etc. , That Merrell P. Callaway, Hamlin J. Cook, Jas. O. Cheek, Wm. L. Davis, Sam. A. Cook, Wm. E. Smith, Mark Smith and Samuel D. Irwin, 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 People's Bank of Albany, 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: Provided , No more interest shall be charged than is allowed by law. Corporators Style. Sec. 2. This banking company shall have the right to use a common seal. Seal. Sec. 3. The capital stock of said bank shall be two hundred thousand dollars, ($200,000,) with the privilege of increasing the same to five hundred thousand dollars, ($500,000,) with shares of one hundred dollars each, to be paid in the manner hereinafter provided; and after fifty thousand dollars ($50,000) of said present capital shall have been subscribed and paid in, the company shall have the right to organize and transact business. Capit'l stock Shareshow paid. 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. Installm'nts How paid in Proviso. 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

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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 engagements; 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 subscription, directors may sell. Sec. 6. The principal office of said company shall be at Albany, in the State of Georgia. Principal office. Sec. 7. The business of the bank shall be managed by a board of seven directors, four of whom shall constitute a quorum to transact business. The board of directors shall elect from their midst a president, who must also be a stockholderfailing in which, he shall be disqualified for this office. The said Merrell P. Callaway, Hamlin J. Cook, James O. Cheek, William L. Davis, Samuel A. Cook, William E. Smith, Mark Smith, and Samuel D. Irwin, shall be directors of this company from the organization until the first annual meeting of the stockholders, the 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 qualifications of. First directors. 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 give bond. 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 loan 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, real or personal, which its interests may dictate; to nominate all the officers which the management of any such property may require; to deal in the precious metals, foreign and domestic exchange; to buy, discount, collect or sell promissory notes, bills of exchange, bonds, contracts, or choses in action, claims and rents; to acquire any franchise by purchase or otherwise, and to perform all such acts; to enforce the payment or fulfillment of any contract made to or with it. Special powers and 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

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a full and complete statement of the business of the company during the past year. Annual meeting. Sec. 11. After due provisions 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. Liability. Sec. 12. The said Merrell P. Callaway, Hamlin J. Cook, James O. Cheek, William L. Davis, Samuel A. Cook, William E. Smith, Mark Smith and Samuel D. Irwin, are hereby entitled commissioners for the opening and managing subscription books of the said bank, at Albany, or at such other places as they may deem necessary for obtaining the capital required for this charter, which shall be two hundred thousand dollars, with the privilege of increasing it to five hundred thousand dollars. Commissioners to open books. Sec. 13. This act shall take effect immediately, and continue in force for thirty years. Sec. 14. All laws and parts of laws conflicting with this act are hereby repealed. Approved October 26, 1870. (No. 96.) An Act to incorporate the People's Bank of Maconalso the Bank of Southwestern Georgia, at Americus . Whereas, It is desirable to encourage and introduce capital in the State of Georgia to relieve the necessities of the planting, commercial and manufacturing interests: Preamble. Section 1. Therefore be it enacted, etc. , That H. L. Jewett, E. Bond, I. C. Plant, G. H. Hazlehurst, E. Price, R. H. Plant and W. W. Wrigley, of Macon, be, and they are hereby, constituted and appointed commissioners to open books of subscription to the capital stock of the bank by this act to be incorporated and located in the city of Macon, in this State, to be called the People's Bank of Macon; said commissioners, or any two of them, are hereby authorized to keep open said books for such time as they think proper, in the city of Macon, and also, if they deem expedient, in the city of New York, and receive subscription to an amount not exceeding in the whole five hundred thousand dollars in shares of one hundred dollars each, whereof ten per cent. shall

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be paid to said commissioners at the time of subscription; all subscriptions shall be binding upon the subscribers respectively, and their heirs and legal representatives, and be payable in such installments and at such times as the board of directors of said corporation shall prescribe. Commissioners. Subscription books. Location. Style. Shares. Sec. 2. That when the subscription authorized by the first section of this act shall amount to five hundred thousand dollars, and twenty per cent. thereof shall be paid to said commissioners, then the subscribers shall be, and become a body corporate and politic, with continued succession, under the name of the People's Bank of Macon, 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 every description, and of aliening, conveying, leasing, mortgaging or otherwise disposing of the same in any manner that a natural person might lawfully do; said corporation shall have power to make and use, renew and alter at pleasure, a corporate seal, and to do all things and acts necessary and 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 Co. become corporate body 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 one 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 Macon, 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, by ballot, for such number of directors of the bank as the subscribers present at such meeting shall determine; and no person shall be a director of said bank who shall not be a stockholder to the extent of twenty shares or upwards. All stockholders at all elections of the bank, and in all matters pertaining to the interests of the bank, acted on in convention, shall be entitled to one vote for every share 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; that the commissioners who may act (any two 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 two or more of said commissioners who may act shall be sufficient evidence of the persons declared by them to be elected. After the election of said directors, the commissioners shall

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deliver to the board of directors chosen, all moneys and credits in their hands, and the subscription books to the stock of said bank, and an account of all their actings and doings as such commissioners; whereupon their functions shall cease. Board of directorswhen and how elected Eligibility of directors. Voteproxy. Who are judges of election. Commissioners shall turn over to boardwhat. 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 bank, 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 bank during the absence of the regular president. Directors Term of office of. President. Sec. 5. The board of directors shall consist of seven members, (provided that the bank, at any meeting held for the election of directors, may, by vote, enlarge the number for the current year.) A majority of directors, 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 bank, and may amend and repeal the same, and may exercise all the powers granted by this act to the bank 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 bank, 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 bank: Provided always , That the stockholders, in convention, shall have powers conferred on the board of directors, and to repeal, alter or amend any by-laws or regulations which may be enacted or established by the board of directors. Number of board. Who constitute. Powers of enumerated Sec. 6. The board of directiors 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 transfer or assignment of stock shall operate to release the subscriber from any obligation to the bank within six months from date of such transfer or assignment. Transfer of stock. Sec. 7. That in case any subscriber to the stock of the bank 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

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suit therefor in any court of competent jurisdiction, or the said stock belonging to such delinquent may, by resolution of the board of directors, be sold, in which case the portion previously paid in shall be forfeited to the bank. Failing to pay. Payment may be enforced. How. Sec. 8. That any number of the stockholders of said bank 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 Macon, call a meeting or convention of all the stockholders of the bank, at such time and place in the city of Macon, as may be in said call designated, but no act of the stockholders in convention, except the election of directors, shall be valid or binding on the bank, unless a majority of the stockholders be represented. May call meeting of stockhold'rs Sec. 9. That the said corporation 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 litigation in the various courts of this State may be deposited in said People's Bank of Macon pending said litigations, bearing the same interest as similar deposits. Special powers. Sec. 10. That said corporation shall have power to receive 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 shall be deemed best, and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and do all acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. May receive deposits, etc. Sec. 11. Said bank shall have the power to take the charge, management or control of, and to receive on storage or deposit for safe keeping or shipment, goods, wares and merchandise, bullion, specie, plate, stocks, bonds, choses in action, certificates and evidences of debt and title, and other personal property; to guarantee the payment or collection of promissory notes, bills of exchange, bonds, choses in action, and punctual performance of all contracts and obligations; and to advance and loan money, securities and credits on personal property, and the faith and security thereof; and to transact and carry on all kinds of business usually transacted by warehousemen, within the limits of the State of Georgia; and to collect and receive the usual and customary rates of storage in warehouses; and the machinery and elevators connected therewith, together with charges and expenses incurred in the receipt and delivery or custody of merchandise received or stored with said bank. The said business above mentioned shall be done upon such terms and conditions as may be agreed upon by the parties, or established by said directors: Provided ,

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That nothing in this section contained shall authorize said bank to take unlawful commissions. Business of company. Sec. 12. The said corporation may establish agencies in such cities and towns as the directors shall determine, for the transaction of business, which shall at all times be under the control of the board of directors. May establish agencies, etc. Sec. 13. That the said bank 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 bank, in proportion to the number of shares held by them. Liability. Sec. 14. That said People's Bank of Macon shall make semi-annually to the Governor of the State a correct and sworn statement of their affairs. Semi-annual statements, etc. Sec. 15. 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 bank, which may be organized under this act, and the property funds and business transactions of said bank, during its existence, shall be subject to the same rate of taxation as is or may be imposed by law on money or property of the same kind and similar business transaction of individuals, like corporations or citizens of this State. Duration 30 years. Taxation. Sec. 16. That if the sum of two hundred and fifty thousand dollars be not subscribed and actually paid in within three (3) years after the commencement of business, then all the privileges hereby and herein granted shall be forfeited. Limitation. Sec. 17. Be it further enacted , That said corporation shall not charge more than seven (7) per cent. on notes discounted by them; and in case they should do so, the excess of interest will be forfeited, provided the parties claiming the same shall give notice to the president of said bank within sixty days after the maturity of the paper. Interest. Sec. 18. Be it further enacted , That John W. Wheatley, Seth K. Taylor, G. S. Rosser, Joseph A. Ansley, Judson A. Kendrick, Seaborn Montgomery, N. B. Harrold, and John A. Cobb, and their associates and successors be, and are hereby, constituted and made a body corporate under the name and style of the Bank of Southwestern Georgia, to be located at the city of Americus, in Sumter county, with like powers, privileges and grants, and with the same liabilities and restrictions as are conferred by this act to incorporate the People's Bank of Macon. Sec. 19. Be it enacted , That the capital stock of the Bank of Southwestern Georgia shall be one hundred thousand dollars, with the privilege of increasing their capital stock to three hundred thousand dollars. Sec. 20. Repeals conflicting laws. Approved October 24, 1870.

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(No. 97.) An Act to incorporate the People's Savings Bank Trust Company of Savannah. Whereas, There exists a class of persons who, from their position and want of experience, are incapable of investing and accumulating their small incomes and earnings, and believing it to be advisable to encourage economical and prudent habits in all classes, and more especially in the young, the laboring and dependent: Preamble. Section 1. Therefore be it enacted , That John Cunningham, J. L. Villalouga, Andrew Law, John R. Wilder, Henry Brigham, William H. Tyson, J. W. Lathrop, Richard D. Arnold, F. W. Sims, George A. Mercer, and their associates and successors be, and they are hereby, constituted a body corporate and politic to receive savings deposits on interest, and to loan the same upon such terms as may be agreed upon, (provided that nothing in this act shall be so construed as to allow more than the lawful rate of interest collected by the aforesaid corporation,) and special deposits in trust, under the name and style of the People's Savings Bank Trust Company, by which name they may do business in the city of Savannah, and establish agencies elsewhere in the State of Georgia, and exercise the usual corporate powers and privileges. Corporators Purposes. Proviso. Sec. 2. The capital stock of said institution shall be fifty thousand dollars, to be divided into shares of one hundred dollars each, with the privilege of increasing the same to one hundred thousand dollars; and the said capital stock shall be a fund pledged for the security of deposits. Capit'l stock Shares. Sec. 3. There shall not be less than twenty stockholders; the stockholders shall have power to make all necessary rules, regulations and by-laws for the management of its affairs, and not contrary to the laws of this State, or of the United States; they may receive deposits in such amounts and upon such terms as may be agreed upon, and deposits in trust, payable at such times and to such persons as may be specified; they may invest their funds and property, and secure such investments as may be deemed best for the interest of depositors; they may issue and circulate certificates of deposit, bearing such rates of interest as may be agreed upon with their customers, and specified in such certificates; through their lawfully constituted officers, they shall have power and authority to do all things needful and necessary for the safe and successful management of the said institution. Number of stockhold'rs Powers of. Sec. 4. The stockholders shall be liable, in their individual capacity to depositors and creditors of said institution, to the full amount of the stock held by them respectively, and the individual property of each stockholder shall be liable for all deposits and liabilities. Liability. Sec. 5. The said institution may go into operation and receive deposits as soon as the sum of twenty thousand dollars is paid in. May go into operationwhen.

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Sec. 6. All acts and parts of acts contrary to the provisions and tenor of this act are hereby repealed. Approved October 24, 1870. (No. 98.) An Act to further amend an act incorporating the Planters' Loan Banking Association, approved March 22, 1866. Section 1. Be it enacted , That the above stated act be, and is hereby, amended as follows, to-wit: That the names of Ayres P. Merrill, jr., George M. Miller, J. Q. A. Oder, J. J. Porter, John Richardson, John Jackson and E. S. Greenwood, in the first section of said act, be stricken from the same, and wherever else they may appear in the same, and all the corporate rights, privileges and powers conferred on said persons be, and the same are hereby, revoked and annulled, and, in place of said persons, the names of R. L. Warthen, of Washington county; Noah Smith, of Jefferson county; and Charles G. Goodrich, of Richmond county, who are hereby added to the original list of incorporators, with all the powers in said act conferred. Act of 22d M'rch, 1866, amendedhow. Sec. 2. That the sixth section of said act be, and the same is hereby, repealed, and in place thereof, the following is hereby enacted: that George F. Jackson, Charles G. Goodrich, W. S. Roberts, Cicero Gibson and Drewry W. Rogers, persons named in said act and its amendments, be, and they are hereby, appointed commissioners to open books of subscription for said stock, at such time and place, and for such amounts as they or a majority shall deem proper, but for no less amount of subscription than one hundred thousand dollars as hereinbefore provided; and when said amount is subscribed in and by the terms of this act, said commissioners, or a majority of them, shall, within ten days, give notice by publication, or otherwise, to said stockholders, who may proceed to the election of nine directors for the management of the same, who may elect all other officers for the carrying on said corporation for one year thereafter, and annually thereafter do the like, as may be provided in the by-laws, rules and regulations of said corporation. Sixth sec. of said act repealed. Substitute for. Sec. 3. Be it further enacted , That the proviso to the thirteenth section of said original act be, and the same is also hereby, repealed. Proviso in 13th section repealed. Sec. 4. Be it further enacted , That the lien laws, approved December 15, 1866, and all powers and privileges in relation thereto, be extended to said corporation, for like purposes as is therein stated, or for moneys loaned to purchase any of said articles named, or for rents. Certain provisions extended to corporation

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Sec. 5. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 99.) An Act to incorporate the Planters' Bank of Forsyth. Section 1. Be it enacted, etc. , That Benier Pye, B. H. Zeller, T. E. Chambliss, Hiram Phinazee, E. G. Cabaniss, W. H. Head, B. F. Reeves, J. T. Collier, J. T. Crowder, J. A. Danielly, E. M. Amos, E. H. Walker, R. Rutland, B. M. Turner, and J. A. C. Wynn, 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 Planters' Bank of Forsyth, 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: Provided , That the rate of interest charged shall not exceed the amount allowed by law. Corporators Style. Sec. 2. The said banking company shall have the right to use a common seal. Seal. Sec. 3. The capital stock of said bank shall be one hundred thousand dollars, with the privilege of increasing the same to three hundred thousand dollars, with shares of one hundred dollars each, to be paid in the manner hereinafter provided; and after fifty per centum of the said present capital shall have been subscribed and paid in, the company shall have a right to organize and commence business. But there shall be no increase of capital stock, except fifty per centum of the proposed increase be first actually paid in; and in no event shall the capital stock be increased until the present capital shall all have been subscribed for and paid in. Capit'l stock Shares. Sec. 4. The said capital stock shall be paid 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. Installm'ts. How. 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 subscriber at public auction,

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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 subscriber. Subscriber failing to pay. Procedure. Sec. 6. The principal office of said bank shall be at Forsyth, in Monroe county, Georgia. Principal office. Sec. 7. The business of the bank shall be managed by a board of seven directors, four of whom shall constitute a quorum to transact business. The board of directors shall elect from their midst or number a president, who must always be a stockholder, failing in which he shall be disqualified for this office. The president and directors shall be elected for the first time when said company shall be organized, and on the first Wednesday in January thereafter, and annually on said day, and shall hold their office 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 bank, subject to the supervision of the stockholders at their regular meetings; and said directors are hereby authorized and required to make such by-laws for the government of the bank as its interest shall demand; but said by-laws shall not conflict with this charter nor the laws of the land. Businesshow managed. Quorum. President. President, etc., elected When and how, and powers. Sec. 8. The president and directors of this bank, at the organization of the company 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 acts of this company shall be attested by the signatures of the president and cashier, and the impress of its common seal affixed. Cashierelected. Acts of Co.how attested. Sec. 9. No stockholder, after the first election, shall be allowed to vote only on the amount of stock actually paid in, and should there be no election of directors at any annual meeting, as herein directed, the directors then in office shall continue until the next election, in which the majority of the stock shall be represented in person or by legal proxy. The minutes of the board of directors shall be kept in a book provided for that purpose, and signed by the president, chairman or secretary, and these minutes shall at all times be subject to the inspection of any stockholder. Votes. Term of office. Sec. 10. 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 improvements, or encouragement of transportation by water or land; acquire, possess and direct any property, real or personal, which its interest may direct; to nominate all the officers which the management of any such property may require; to

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deal in the precious metals, foreign or domestic exchange; to buy, discount, collect or sell promissory notes, bills of exchange, contracts, bonds or cases in action, claims and rents; to acquire any franchise by purchase or otherwise, and to perform all such acts; to enforce the payment or fulfilment of any contract made to or with it. Special rights and powers. Sec. 11. 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 meetings the directors shall exhibit a full and complete statement of the business of the company during the past year, and said bank shall make semi-annual reports to the Governor, showing the exact condition of its affairs, under oath of its president. Annual meeting of stockhold'rs Sec. 12. 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. Losses. Division of profits. Liabilities. Sec. 13. The said Benier Pye, B. F. Zellner, T. E. Chambliss, and others, named in the first section of this charter as corporators, or any other two or more of them, are hereby appointed and entitled commissioners for the opening and managing subscription books of the said bank, at Forsyth, or at such other place as they may deem necessary for obtaining the capital required for this charter, which shall be one hundred thousand dollars, with the privilege of increasing it to three hundred thousand dollars. Commissioners to open books. Sec. 14. That William Brown, J. R. Rice, C. C. Duncan, J. W. Mathews, H. M. Holtzclaw, or any three of them, and such other persons as they may associate with them be, and they are hereby, incorporated and made a body politic, under the name and style of The Houston Banking Company, with principal place of business at Perry, Georgia; and all the corporate powers and privileges contained in the foregoing act incorporating The Planters' Bank of Forsyth be, and they are hereby, extended to the said Houston Banking Company. Corporators Style. Place of business. Powers and privileges. Sec. 15. This act to continue in force for 30 years from its passage, and all conflicting laws are hereby repealed. Approved October 28, 1870.

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(No. 100.) An Act to incorporate the Planters' Laborers' Loan and Trust Company . Section 1. Be it enacted, etc. , That John B. McCrary, John Durden, Barnard Curby, Marion Bethune, George N. Forbes, William A. Daniel, Thomas N. Gibson, and their associates and their successors and assigns, are hereby constituted a body politic and corporate, under the name and style of the Planters' Laborers' Loan and Trust Company, and by that name shall have succession; may sue and be sued in any court whatever, with all the powers and privileges as are contained in the act hereinafter mentioned in sections three and four of this act. Corporators Style. General powers. Sec. 2. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing said capital stock at any time to five hundred thousand dollars, said stock to be divided into shares of one hundred dollars each; and when there shall be fifty thousand dollars of said capital subscribed and paid in, in lawful money of the United States, the said company may proceed to business under this act. Capit'l stock May increase. Shares. Sec. 3. Be it further enacted , That all powers, privileges and duties, with provisos mentioned and contained in sections three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of an act entitled an act to incorporate the Fort Valley Loan Trust Company, and hereby given, granted and conferred on the said Planters' Laborers' Loan and Trust Company herein and hereby chartered and incorporated by this act, with this exception, that the principal office of said company shall be at Talbotton, Talbot county. Portions of certain act applied to this. Sec. 4. Be it further enacted , That the several persons named in the first section of this act as commissioners shall have all the powers conferred on the commissioners named in any and all the sections of said act, entitled an act to incorporate the Fort Valley Loan Trust Company: Provided , That nothing herein contained shall authorize said company to charge or receive as compensation any rate of interest on money loaned or advanced than is allowed by law: And provided, also , That said company shall be placed on the same footing as to foreclosing liens and mortgages as the citizens of other States: And provided, also , That each stockholder shall be liable for the debts and liabilities of said company in proportion to the stock held by them [him?] in said company. Powers of commissioners. Proviso. Sec. 5. Repeals conflicting laws. Approved October 24, 1870.

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(No. 101.) An Act to incorporate the Planters' Exchange Bank of Macon. Section 1. The General Assembly of the State of Georgia do enact , That George B. Turpin, T. J. Simmons, J. M. Ogden, James A. Ralston, and O. A. Lochrane, and their associates and successors, are hereby constituted a body corporate under the name of the Planters' Exchange Bank of Macon, and by that name shall have succession, and may sue and be sued. The principal office of said bank shall be located in the city of Macon, Georgia, and said bank shall have such powers and privileges as are conferred on the Georgia Loan and Trust Company, by the act incorporating the same, approved October 5th, 1868. The capital stock of said bank shall be fifty thousand dollars, with the privilege of increasing the same to two hundred thousand dollars, said stock to be divided into shares of one hundred dollars each; and when there has been fifty thousand dollars of said capital stock subscribed, and one-fifth thereof actually paid in, in lawful money of the United States, the said stockholders may organize and proceed to business under this act. The corporate powers of said bank shall be vested in and exercised by a board of directors of not more than five persons, to be chosen as hereinafter provided, who shall elect from their number a president and a cashier not of their number. A majority of said board shall constitute a quorum for the transaction of business. Said corporators, or any two of them, shall be, and are hereby, appointed commissioners to open books of subscription for the capital stock of said bank, at the office of Turpin Ogden, in the city of Macon, for such amounts as they may deem proper within the limits hereinbefore specified. The directors of said bank shall be elected by a majority in interest of the stockholders voting at an election to be held under the inspection of said commissioners at the place of subscription after said books are closedeach share to represent one vote, and said directors to hold their office until their successors are elected, and to have power to make such by-laws as they may deem necessary to carry out the objects of the corporation, and may adopt a corporate seal and change the same at pleasure. The minutes of the proceedings of the board of directors shall be kept in a book provided for that purpose, and shall be signed by the president and secretary, and the same shall be at all times subject to the inspection of any stockholder. Each stockholder shall be entitled to a certificate of stock when fully paid up, which may be transferred at any time by the stockholder signing such transfer by himself, his agent, or attorney in fact, in a book to be kept for that purpose at the principal office of said bank. On the first Monday in January and July in each year, the board of directors shall make and publish statements of all the debts, and liabilities, and assets whatever of said bank, which statements shall be verified by the oath of the cashier, made before any officer authorized

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to administer an oath; such statements shall be recorded and kept in a book for that purpose for future reference. Each stockholder shall pay in twenty per cent. of his stock at the time of subscription for the same, and the board of directors shall have power to call in such other installments as they may deem proper, from time to time, by giving ten days' notice thereof in writing: Provided , Not more than one-fifth of the amount subscribed shall be called in at any one time. This act shall continue in force for twenty-one years, and each stockholder shall be individually liable for the ultimate payment of all the debts of the corporation created while he was stockholder, in proportion to the amount of his stock. Corporators Style. Office. Powers. Capit'l stock Shares. May organize. Board of directors. President. Quorum. Commissioners to open books. Directorshow elected. Stock, certificates, etc 20 per cent. must be paid at time of subscription. Duration. Sec. 2. All laws militating against this act are hereby r Approved October 26, 1870. (No. 102.) An Act to incorporate the Planters' Miners' Bank of the State of Georgia. Section 1. Be it enacted, etc. , That James C. Freeman, of the county of Spalding; Hannibal I. Kimball, O. A. Lochrane, of the county of Fulton; D. W. K. Peacock, J. R. Parrott, R. A. Crawford, of the county of Bartow, their associates and successors, are hereby declared a body politic and corporate under the name and style of the Planters' Miners' Bank of the State of Georgia, and, as such incorporation, may hold, sell and convey all real and personal estate; buy and discount bills and notes; do a general banking and exchange business; make, ordain and alter such by-laws, not repugnant to the Constitution of the United States and the State of Georgia, as they may deem proper and necessary for the business. Corporators Style. General powers. Sec. 2. Be it further enacted , That the said named parties shall act as commissioners to open books of subscription, and shall call the parties subscribing together as soon as the sum of fifty thousand dollars shall have been subscribed in bona fide stock of said bank, and such subscribers or stockholders shall elect their officers and organize said bank. Subscription books. Officershow elected. Sec. 3. Be it further enacted , That the capital stock of said corporation shall be one hundred thousand dollars in shares of five hundred dollars each. Capit'l stock Sec. 4. Be it further enacted , That the stockholders shall select by vote five directors, who must be stockholders of at least five shares, each stockholder being entitled to one vote for each share of stock held, and the president of said bank shall be selected by the directors out of their own number. Election of directors.

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Sec. 5. Be it further enacted , That said Planters' Miners' Bank of the State of Georgia shall have the right to loan and borrow money, receive deposits, buy and sell bills of exchange, bills and promissory notes, take security collateral to the payment of debts contracted, and sell collateral to pay the same; advance upon slate, iron, marble, and other substances or property of any kind, and hold the same upon contract, to sell the same to pay the amount advanced or invested; to otherwise do and have done what may be necessary to perfect title by such contract as may be entered into, and to charge such commissions as may be agreed upon between the parties: Provided , That nothing herein contained shall authorize the loaning of money at a greater per cent. than the legal rate of interest. Special rights and powers. Sec. 6. Be it further enacted , That the said stockholders shall be liable for the amount of their capital stock unpaid at the time of the rendition of any judgment against said corporation, and after the property of the corporation is exhausted proportionably to such debt, judgment or obligation to their unpaid stock. Liability. Sec. 7. Be it further enacted , That the said corporation, and the privileges herein granted, shall expire on the first day of January, 1891. Duration. Sec. 8. Be it further enacted , That all laws and parts of laws militating against the provisions of this act be, and the same are hereby, repealed. This act became law by the lapse of five days from its receipt by the Governor. (No. 103.) An Act to incorporate the Planters' Loan Savings Bank . Section 1. Be it enacted, etc. , That Charles J. Jenkins, John P. King, George M. Thew, Benjamin Conley, Thomas P. Branch, Joseph S. Bean, William H. Goodrich, William H. Scott, M. J. Branch, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby constituted a body corporate, under the name of the Planters' Loan Savings Bank, and by that name shall have perpetual succession, and may sue and be sued in any court whatever, with such powers and privileges as are hereinafter provided. Corporators Style. Succession. General powers. Sec. 2. That the capital stock of said corporation shall not exceed one million of dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be one hundred thousand dollars of said capital stock subscribed, and fifty thousand dollars paid in in cash, the said corporation may organize and proceed to business under this act. Capit'l stock Shares. When company may organize.

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Sec. 3. Be it further enacted , That said corporation shall have power to make advances to planters and others for the purpose of developing the agricultural, mechanical and mineral resources and interests of the State, in loans on mortgages on real or personal property of any and all kinds, and by liens on crops to be raised. It shall also have power to receive deposits of money, and other valuables, and issue certificates therefor; to buy and sell bonds, stocks and securities generally, bills of exchange and promissory notes, and to advance and loan moneys, securities and credits; may charge and receive commissions on advances of money, and for negotiating loans upon such terms and conditions, and at such rates of interest, as may be agreed upon by and between said corporation and the party or parties buying or selling such bonds, bills of exchange and promissory notes, or borrowing or receiving such moneys, securities or credits, and such rates of interest may be made payable in money, or in a share of the products or profits of the property given or pledged as security for such loans, and advances, or partly in money and partly in a share of such products or profits, without creating any partnership, or joint liability between said corporation and said party or parties; and said corporation shall have power to take and hold as security for, or in payment of any loans or advances made, mortgages, crop-liens or other instruments or obligations upon or affecting real, personal or mixed property, and may cancel or assign the same; and said corporation shall have power to purchase, hold, sell, exchange and convey lands or other property of any nature, and may execute and issue all such receipts, certificates, contracts or other instruments of writing as may be necessary for the transaction of its business. Said corporation may at its discretion guarantee the payment of the principal or interest, or both, of any notes, bonds, bills of exchange, or other evidence of debt of individuals or bodies corporate, and receive such compensation therefor as may be agreed upon between the parties. Special powers of. Sec. 4. That the said corporation shall have power to receive moneys in trust or on deposit, and to invest or accumulate the same at such rate of interest as may be obtained or agreed on, or to allow such interest thereon as may be agreed on; shall have power to accept and execute all such trusts of every description as may be committed to it by any person or persons, or any corporation whatsoever, or may be committed or transferred to it by an order or decree of any court, and shall have power to take and accept by grant, assignment, transfer, devise or bequest, and hold any real or personal estate or trusts created in accordance with the laws of this State, and execute such legal trusts in regard to the same, on such terms as may be declared established or agreed upon in regard thereto; and the said corporation shall, and are hereby authorized to act as trustees by appointment of any court of this State, or by the selection of any executor or executors, trustee or trustees, or cestui que trust, or individual or individuals, for themselves or for the benefit of any married woman, minor or

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minors for whom they may be acting; and funds in litigation in the various courts of this State may be deposited in said Planters' Loan Savings Bank, pending said litigation, bearing interest at such rate as may be agreed on. May receive money in trust, etc. May hold, etc., real estate, etc. May act as trustees. Sec. 5. Be it further enacted , That John P. King, George M. Thew, Thomas P. Branch, Joseph S. Bean, Wm. H. Scott and M. J. Branch, named in the first section of this act, or any two or more of them shall, and they are hereby appointed commissioners to open books of subscription to the capital stock of the said Planters' Loan Savings Bank, at such times and places, and for such amounts as they shall deem proper, but for no less amount than one hundred thousand dollars as hereinbefore provided; the board of directors of said corporation, consisting of not less than seven stockholders, shall be elected by a majority in interest of the stockholders of the corporation voting at said election, to be held under the inspection of said commissioners, or any two of them, at such place and time as they may think best to designate. Commissioners to open books. Proviso. Sec. 6. That the said directors shall have power to establish agencies, for the transaction of the business of the said corporation, at any place they may think proper, and to appoint all such agents, officers or employees as may be considered necessary, and may delegate power to transact any of its business to committees of directors, or to its officers or agents, as they shall deem proper; and said directors shall have power to make rules, regulations and by-laws for the management and direction of the affairs of the corporation, in accordance with the laws of this State, and may adopt a corporate seal and change the same at pleasure: Provided always , That the stockholders in convention shall have power to regulate and limit the discretionary powers conferred on the board of directors, and repeal, alter or amend any by-laws or regulations which may be enacted or established by the board of directors. Establish agencies. May make rules, etc. Proviso. Sec. 7. That the minutes of the proceedings of the board of directors shall be kept, and the same shall be entered in a book to be provided for that purpose, and signed by the president or presiding officer of the board. Stockholders shall be entitled to certificates of their respective shares of capital stock, which shall be transferable as provided in said certificates, only that they cannot be transferred so long as the stockholder may be indebted or liable to the corporation; the stock of each stockholder shall always be bound for any debts matured or maturing that the stockholder may owe or be liable for to the corporation, either by indorsement, acceptance or otherwise; also, that each stockholder shall be individually liable, in proportion to the amount of stock that he may own, for the debts of the company, and the board of directors shall cause suitable books for the registry and transfer of such shares to be kept, and every such transfer to be valid shall be made on such books and signed by the stockholder, or his or her attorney, duly authorized in writing; and the board of directors may close the transfer-books, from time to time, as the convenience of the corporation may require. Minutes, etc., kept in a book. Certificates of stock transferablewhen. Liability. Requisites of valid transfer.

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Sec. 8. That the board of directors, out of the funds of said corporation, shall defray its expenses and pay its debts, and may declare and pay out of the surplus net profits of its business to its shareholders, or their duly authorized attorneys, such dividends as they shall deem expedient. Directors to defray expenses. Sec. 9. Be it further enacted by the authority aforesaid , That any number of the stockholders of said corporation who own or represent at the time one-quarter of the actual capital stock may, by giving ten days' notice thereof, in at least one of the newspapers published in the city of Augusta, call a meeting or convention of all the stockholders of the corporation at such time and place, in the city of Augusta, as may be in said call designated, but no act of the stockholders in convention, except the election of directors, shall be valid or binding on the corporation, unless a majority of the stock shall be represented. Convention may be called. Sec. 10. That the capital stock of said corporation may at any time be increased to any amount not exceeding in the aggregate one million of dollars, by the addition of new shares of one hundred dollars each, duly subscribed for and paid in, in such manner and upon such terms as the board of directors shall prescribe: Provided , That such increase shall have been first authorized by the votes of two-thirds of all the directors of the corporation. Capital stock may be increased Proviso. Sec. 11. That the board of directors shall make semi-annual statements of said company on first Wednesday in January and July in each year, to its stockholders, and semi-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 official authorized to administer oaths, and such statement shall be kept in a book for that purpose for future reference: Provided, however , That the claimant shall give notice to the president of the bank, by commencing suit within sixty days from the payment of said interest, for the recovery of the extra interest. Sec. 12. Repeals conflicting laws. Approved October 27, 1870. (No. 104.) An Act to incorporate the Savings Bank of Barnesville. Whereas, Numerous persons desire a safe deposit of small amounts or sums, and to encourage economical and provident habits among all classes: Section 1. Be it enacted by the General Assembly of the State of Georgia , That Alvis Stafford, I. W. Stafford, M.F. Cochran, A.J. Blalock and E. T. Pound, and their associates and successors, be constituted

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a body corporate and politic to receive deposits of money at interest, and loan the same at no greater interest than the amount allowed by law, under the name of the Savings Bank of Barnes, ville, and by this name are invested with the following powers, rights and privileges, and subject to the following restrictions. Corporators Style. Sec. 2. The capital stock shall be one hundred thousand dollars, with the privilege of increasing the same to any amount not exceeding one (?) hundred thousand dollars; this capital shall be a fund pledged for the security of depositors. Capit'l stock Sec. 3. Each share of stock shall be fifty dollars, and them shall not be less than ten stockholders, and they shall vote at all meetings in proportion to the number of their shares. Shares. Votes. Sec. 4. The stockholders shall have power to make all rules, regulations and by-laws for the management and direction of its affairs, in accordance with the laws of this State, through their properly constituted officers. They shall have power and authority to do anything necessary and proper for the safe and successful management of the bank, not inconsistent with the laws and Constitution of this State and the United States. General powers. Sec. 5. That the board of directors of said company shall consist of not less than seven, and the officers of the company shall make semi-annual returns, under oath to the Governor, of the condition of its affairs; and all stockholders in said company shall be liable individually for the debts of said company in proportion to the number of shares owned by each. Board of directors. Liability. Sec. 6. As soon as the capital stock is subscribed, and twenty five per cent. paid in, this institution may go into operation, and not before. When goes into operation. Sec. 7. Be it further enacted , That all laws and parts of laws inconflict with this act are hereby repealed. Approved October 26, 1870. (No. 105.) Southern Bank of Georgia. [A copy of this act was not furnished the printer.]

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II.CITIES AND TOWNS. No. Act. 106. Atlanta, city of, charter amended. 107. Atlanta, city of, charter amended. 108. Acworth, town of, incorporated. 109. Bainbridge, city of, collect tax. 110. Barnesville, town of, incorporated. 111. Blackshear, town of, incorporated. 112. Blakeley, town of, incorporated. 113. Boston, town of, incorporated. 114. Brookville, town of, incorporated. 115. Cairo, town of, incorporated. 116. Camilla, town of, charter amended. 117. Cartersville, town of, amendment of charter. 118. Cave Spring, village of, charter amended. 119. Cedar Town incorporated. 120. Clarkesville, town of, incorporated. 121. Cleveland, town of, incorporated. 122. Colquitt, town of, incorporated. 123. Conyers, town of, incorporated. 124. Cuthbert, city of, charter amended. 125. Darien, town of, charter amended. 126. DeSoto, town of, amendment of charter. 127. Eastman and Maxey's, towns of, incorporated. 128. Euharlee, town of, incorporated. 129. Forrestville, town of, amendment of charter. 130. Fort Valley, town of, incorporated. No. Act. 131. Gainesville, town of, city of. 132. Geneva, town of, incorporated. 133. Grantville, acts of Mayor, etc., legalized. 134. Hamilton, town of, corporate limits changed. 135. Harlem, village of, incorporated. 136. Hawkinsville, town of, incorporated. 137. Hepsibah, town of, incorporated. 138. Hiwassee, town of, incorporated. 139. Hogansville, town of, incorporated. 140. Homerville, town of, amendment of charter. 141. Jessup, town of, incorporated. 142. Kingston, town of, amendment of charter. 143. Macon, city of, amendment of charter. 144. Montezuma, town of, incorporated. 145. Norcross, town of, incorporated. 146. Palmetto, town of, amendment of charter. 147. Preston, town of, incorporated. 148. Spring Vale, village of, incorporated. 149. Thomaston, town of, amendment of charter. 150. Van Wert, town of, incorporated. (No. 106.) An Act to amend the several acts incorporating the city of Atlanta. Section 1. Be it enacted, etc. , That the Mayor and Council of the city of Atlanta shall have full power and authority, at their first or any subsequent meeting after each municipal election, to appoint one fit and proper person from each ward, who, together, shall constitute a board of health, a majority of whom shall be a quorum for the transaction of business; that it shall be the duty of said board of health to meet weekly, or as often as may be necessary, to visit every part of the city and to report to the Mayor and Council all nuisances which are likely to endanger the health of the city, or of any neighborhood; that the said Mayor and Council shall have power, upon the report of said board of health, to cause such nuisances to be abated, and its recommendation to be carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the Mayor and Council shall elect. City authorities of Atlanta may appoint board of health. Quorum. Duty of board. Mayor, etc., may remove nuisances.

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Sec. 2. Be it further enacted by the authority aforesaid , That said Mayor and Council of the city of Atlanta shall have full power, upon the recommendation of said board of health, to cause the owners of lots or cellars, within the corporate limits of said city, to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located; that if the owner of said lots or cellars, or the occupant of the same, in the discrtion of the Council, shall fail or refuse, after reasonable notice to him, or his agents, to comply with the requirements of said Mayor and Council by draining said lots or cellars, or by filling up the same, it shall be lawful for said Mayor and Council to have this work performed, and the amount so expended collected by executions issued by the Clerk of Council against the owner or occupant of the lots or cellars, as the said Mayor and Council may elect, and a sale under said execution shall pass as complete and perfect a title to the property sold at a sale by the Sheriff under a judgment and executions. Further powers of city authorities to promote health Sec. 3. Be it further enacted by the authority aforesaid , That said Mayor and Council of the city of Atlanta shall have full power and authority to fill any vacancies that may occur in the board of health; that this act may be plead as, and shall be a complete defense to, any actions brought against the said Mayor and Council, or either of them, for any act done by them under its provisions and the ordinances passed in pursuance of it. Vacancies in boardhow filled. Sec. 4. Be it further enacted by the authority aforesaid , That said Mayor and Council shall have full power to pass all ordinances that may be necessary to carry the provisions of this act into complete and full effect. Sec. 5. Be it further enacted by the authority aforesaid , That said Mayor and Council shall have power and authority to establish fire limits, and from time to time, in their discretion, to extend and enlarge the same, within which fire limits, when so established, it shall not be lawful for any one to erect other than fire-proof buildings, or structures of any kind other than fire-proof; and should any one erect or cause to be erected within such fire limits so established any such buildings or other structure, said Mayor and Council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, the said expense to be collected by executions issued by the Clerk of Council, and said Mayor and Council shall have power to determine what buildings or other structures are or are not fire-proof. Mayor, etc., may establish fire limits, etc. Sec. 6. Be it further enacted by the authority aforesaid , That said Mayor and Council shall have power to borrow money or contract loans for the use of said city, both from bodies corporate and from individuals, either residing in or out of the State of Georgia; and to pledge the funds and property of said city for the payment of said loan or loans; and shall have power to purchase any real or personal estate for the use and benefit of the city, and to sell or dispose of any part of the property, domains, land or lots to said

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Mayor and Council belonging or appertaining by lease or in fee simple as to them shall seem meet and proper: Provided , That this power shall only be exercised by resolutions passed by said Mayor and Council, and that all notes, mortgages, deeds or instruments of any kind or description made and executed by said Mayor and Council shall be signed by the Mayor and chairman of the finance committee. May borrow money, etc., for use of city. Sec. 7. Be it further enacted by the authority aforesaid , That the tax on the real estate in the city of Atlanta shall not exceed two per cent. on the value thereof. Sec. 8. Be it further enacted by the authority aforesaid , That all persons of and residing in the corporate limits of the city of Atlanta, who shall be entitled to vote for members of the General Assembly of the State of Georgia, shall be entitled to vote for the Mayor and Councilmen of said city, at any election that may be hereafter had. Election franchise. Sec. 9. Be it further enacted by the authority aforesaid , That the issue of seventy-five thousand dollars ($75,000) in bonds of the city of Atlanta of one thousand dollars ($1,000) each to H. I. Kimball, for fair ground purposes, made by said Mayor and Council, on the seventh day of March, in the year eighteen hundred and seventy, be hereby ratified and approved; that said Mayor and Council shall have full power and authority to levy such a tax upon the real estate and stock in trade in said city as may be necessary for the payment and redemption of the same. Bonds to be issuedam't of and. to whom. Sec. 10. Be it further enacted by the authority aforesaid , That the donations ofacres of land, a portion of a tract known as the old Fair Ground, heretofore made by the Mayor and Council of the city of Atlanta to Oglethorpe College, upon the condition of said college being located in said city, is hereby ratified and approved. Donations of certain lands. Sec. 11. Be it further enacted by the authority aforesaid , That where the Mayor is unable, from any cause whatever, or fails to hold the regular terms of the Mayor's Court, it shall be competent for the Mayor pro tem . to convene said court and to preside as the judicial officer with as full and ample power as the Mayor. When Mayor pro tem. may convene court. Sec. 12. Be it further enacted by the authority aforesaid , That the officers of the city of Atlanta, elected by the Mayor and Council, shall receive no perquisites of any kind or description, except what are expressly voted to them by said Mayor and Councilanything in previous acts of the General Assembly to the contrary notwithstanding. No perquisites paid to officers. Sec. 13. Be it further enacted by the authority aforesaid , That the corporate limits of the city of Atlanta be extended for the purpose of police and of regulating the retail of ardent spirits, so as to include all that portion of lot one hundred and twelve, (112,) in the fourteenth district of Fulton county, purchased by the Mayor and Council of said city from Chapman Powell, and all that portion of lot one hundred and fifty, (150,) of the seventeenth district of Fulton county, purchased by said Mayor and Council from E. R.

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Sasseen and Dorinda A. Sasseen, and three hundred yards in each and every direction around said purchases, and all of that territory between the Western Atlantic Railroad and the county road leading from Atlanta to Marietta, and a line three hundred yards west of said railroad, and running concentric to said road; and all that land lying between said county road and a line running three hundred yards east of said county road, and concentric to the same, from the present corporation line of the city of Atlanta to the new Fair Grounds. Corporate limits of the city extended. Sec. 14. Be it further enacted by the authority aforesaid , That the Mayor and Council of the city of Atlanta, at their first or any subsequent meeting, in each and every year, shall have full power and authority to elect three freeholders, residents of said city, building inspectors, whose duty it shall be, in connection with the city surveyor, to inspect all buildings and walls located on the various streets, lanes or alleys of said city, when they shall be requested so to do by the Mayor, and to report the result of said investigations to said Mayor and Council, with a recommendation as to the best course to be pursued in reference to said buildings or walls for the protection of the citizens. Election. Buildings. Inspectorsduty of. Sec. 15. Be it further enacted by the authority aforesaid , That said Mayor and Council shall have full power and authority to execute, in a summary manner, the recommendations of said building inspectors, or a majority of them, at the expense of the owner of said building or wall, or of the owner of the lot upon which the same may be located, in the discretion of the Mayor and Council, should the said owner, after fifteen days' notice, fail or refuse to remove the objections reported by said building inspectors, or a majority of them, such expense to be collected by executions to be issued by the Clerk of Council. Whose recommendation may be executed how. Sec. 16. Be it further enacted by the authority aforesaid , That said Mayor and Council shall have full power and authority to pass all ordinances that may be necessary to carry this act into full effect. Ordinances. Sec. 17. All acts and laws, or parts of laws, in conflict with this act be, and the same are hereby, repealed. Approved October 12, 1870. (No. 107.) An Act to amend the charter of the city of Atlanta . Section 1. Be it enacted, etc. , That the marshal of the city of Atlanta, or his deputy, shall have full power and authority to place the purchaser, at any sale made under any execution issued under the laws governing the Mayor and Council of the city of Atlanta, in possession of the property sold, under the same rules and regulations that govern the Sheriff and his deputies at Sheriff sales. Marshal to place purchaser in possession of property.

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Sec. 2. Be it further enacted by the authority aforesaid , That the Mayor and Council of the city of Atlanta have power and authority to lay off said city into as many wards as said Mayor and Council deem proper, and that two members of Council be annually elected from each of said wards, and that those two in each ward having the highest number of votes be declared such members elected; that each person voting for said members of Council shall express on their ticket the person for whom he is voting and the ward of which such person voted for is a member. City may be laid off into wards. Sec. 3. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 108.) An Act to incorporate the town of Acworth, and for other purposes . Section 1. Be it enacted , That the present inhabitants of Acworth, and those that may reside hereafter within one mile in every direction from the Western Atlantic Railroad depot, in the town of Acworth, in the county of Cobb, be, and they are hereby, made and constituted a body corporate, by the name and style of the town of Acworth, and the said inhabitants who are entitled to vote for the members of the General Assembly of the State of Georgia, shall meet at some place within the corporate limits of said town on the second Saturday in January next, and on the second Saturday of January in each year thereafter, and elect one president, five commissioners and a treasurer, who shall serve twelve months, or till their successors are elected and qualified; said officers shall be elected from the citizens of said town; the said president and commissioners shall be vested with the municipal government of said town of Acworth; the president and commissioners under that name and style may have a common seal, and to hold, have, purchase, possess, and retain to them and their successors, for the use of said town of Acworth, real or personal estate, and may, under said name and style, sue and be sued in any court of law and equity in this State. Corporators Style. Electoral qualificat'ns Shall elect President, Commissioners, etc. Powers of. Seal, etc. Sec. 2. And be it further enacted , That the election for said officers shall be held by a Justice of the Peace and a freeholder, or by two freeholders; and in the event there should be no election at the time specified, then the president shall set a day and give ten days' notice of the same; and, in case of death or resignation, an election may be held by the president or commissioners fixing a time and giving ten days' notice. The president and commissioners shall elect a marshal from the citizens of said town, and a clerk from their own body. Election for officers-how held. In case of failure to hold. Marshal.

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Sec. 3. And be it further enacted , That the said officers, before entering upon their duties as such, shall take and subscribe to the following oath, to-wit: I, A. B., do solemnly swear, or affirm, I will faithfully perform the duties of president, commissioner, treasurer, or marshal (as the case may be,) of the town of Acworth. Oath of office. Sec. 4. That the said president and commissioners shall have power and authority to assess and collect taxes within said corporate limits, to the amount of sixty per cent of the State tax, and no more, and a poll-taxnot over two dollarsupon each adult male inhabitant; and said tax shall, by commissioners and president, be used for the benefit of said town. President and commissioners levy tax. Sec. 5. And be it further enacted , That the president and commissioners shall have full power and authority to make laws, rules and regulations for the proper government of said town, impose and collect fines of not over twenty dollars, and imprisonment for not over ten days, for any one violation of the said by-laws, rules and regulations of said corporation. Powers of Council. Sec. 6. And be it further enacted , That the president and commissioners shall have power to tax all shows in said town of Acworth, performing there for the purpose of gain. The president and commissioners shall have power to tax all itinerant traders in said town, and the president and commissioners may license liquor dealers and charge for the same, not exceeding one hundred dollars, the dealer being relieved of the present bond and tax to the county; and the president and commissioners may enact any ordinance they may deem essential to prevent the sale of ardent spirits to persons under the age of twenty-one years, or student of any school, or on Sunday, by any retailer in the corporate limits of said town; the penalty may extend to forfeiture of license, fine and imprisonment, in the discretion of the president and commissioners. Tax shows. Itinerant traders. License liquor dealers. Enact ordinances. Sec. 7. And be it further enacted , That the said president during his time of office shall be clothed with the authority of an acting Justice of the Peace, so far as to authorize him to try and dispose of and bind over persons charged with violating the laws of this State, and to act as conservator of the peace. President exofficio J. P. Sec. 8. Be it further enacted , That the president and commissioners shall hold their meetings at such times and places as they may see fit and proper; shall pass such laws and ordinances for suppressing nuisances of hogs, dogs, horses, mules, cattle and other stock straying at large about said town, and may tax all tenpins, or other ball alleys and billiard tables in said town; and the president and commissioners shall have full power to collect all taxes and fines and penalties in such a manner as they may see proper. Meetingswhen and where held. President and commissioners suppress nuisances. Sec. 9. Be it further enacted , That the president and commissioners shall have power and authority to dismiss from office said marshal for any failure or neglect to perform the duties of said office, and choose any other; they shall have power to require such bond

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of the marshal and treasurer, or other officer they see proper, and regulate the salaries of the same. May dismiss marshal. Sec. 10. And be it further enacted , That the following named are made president and commissioners and treasurer, who will serve until the first election, and their successors are elected and qualified, viz: R. W. Mitchell, president, J. L. Lemon, L. H. Tanner, J. R. Humphries, M. M. Phillips and Hardy Strickland, commissioners, and E. L. Litchfield, treasurer; the said president and commissioners will elect a marshal, and proceed to enact such rules and regulations as are necessary to enforce good order. President. Commissioners. Approved October 12, 1870. (No. 109.) An Act to authorize the corporation of the city of Bainbridge to assess a tax against, and collect the same from telegraph, express and railroad companies . Section. 1. Be it enacted, etc. , That the corporation of the city of Bainbridge is hereby authorized to assess against telegraph, express and railroad companies, doing busines in said city, and the property of each in said city a special license, extra or general tax, such as it is now authorized to assess against individuals, or the property of individuals; and that the corporation of said city is hereby authorized to collect such tax as it may assess as herein authorized, in the mode and manner authorized for the collection by the corporation of said city of any other tax. City of Bainbridge-assess tax. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved August 15, 1870. (No. 110.) An Act to amend an act to incorporate the town of Barnesville, in the county of Pike, and for other purposes, assented to February 20, 1854. Section 1. Be it enacted, etc. , That section 2d of said act be amended by striking the words five commissioners, who shall compose and be denominated the town commissioners of the town of Barnesville, and inserting in lieu thereof the words, a Mayor and six aldermen, who are hereby constituted a body corporate, under

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the name and style of the Mayor and Council of the town of Barnesvillethe Mayor to receive such compensation for his services as may be fixed by the ordinances of said town. Certain act amendedhow. Sec. 2. That section 5 of said act be amended by adding the words and all other, after the word real, in said section. Sec. 3. That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 111.) An Act to supersede and take the place of an act to incorporate the town of Blackshear, in the county of Pierce, State of Georgia, approved December 16, 1859, and the act amendatory thereof, assented to December 19, 1860. Section 1. Be it enacted, etc. , That, from and after the first Saturday in January, 1871, the following shall be taken and received as the charter of the town of Blackshear, Pierce county, Georgia, and that all the rights and powers conferred upon said corporation by said original act or acts amendatory thereof, inconsistent with this act, shall cease, determine and be void on and after the first Saturday in January, 1871. Charter of. Sec. 2. Be it further enacted , That the corporate limits of said town shall extend one mile from the court-house in all directions, and that all male persons born in the United States, and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the United States, twenty-one years old or upward, who shall have resided in this State six months, and within the corporate limits of said town thirty days, next preceding the municipal election of said town, and has paid all municipal taxes which he or they have had an opportunity of paying agreeably to law for the year next preceding the election, shall, on the first Saturday in January, 1871, and on the first Saturday in each and every year thereafter, elect, by ballot, an intendant and four commissioners, to serve for twelve months, or until their successors are elected and qualified, and who, as well as their successors in office, or a majority of them, shall have power to tax, in a sum not exceeding twenty dollars, all nine or ten-pen alleys, shows and performances for the purpose of gain, all auctioneers and itinerant traders, and shall have the sole and exclusive power of granting licenses for retailing or selling fermented or spirituous liquors in less quantities than one gallon within the corporate limits of said town, and shall be authorized to charge for such licenses not less than thirty nor more than sixty dollars, and the clerk's fee of two dollars for issuing the same. Said intendant and

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commissioners shall have authority to pass such ordinances as they, or a majority of them, may deem necessary for the government of said town, not repugnant to the Constitution or laws of this State, or the Constitution of the United States, and punish for a violation of the same in a fine not exceeding twenty dollars and imprisonment in the jail of the county or the guard-house, for not more than ten days, and labor on the roads, streets or lanes in said town of not more than ten days, or either of said penalties for a violation of any of said ordinances, as they may deem meet and propersaid fines and costs to be collected by levy and sale of defendant's property under such rules and regulations as said intendant and commissioners may prescribe. Said intendant and commissioners shall have power and authority, at their first regular meeting, or at any subsequent meeting, to elect by ballot a marshal, clerk and treasurer, who, before they shall enter upon the duties of their offices, shall give bond and security for the faithful performance of the duties of their offices, in such sum as said intendant and commissioners shall require. Said intendant and commissioners shall have power to have all the roads, streets, lanes and sidewalks opened and kept in good order, to lay out and form new roads, streets and lanes in said town, whenever, in their judgment, it is necessary to do so: Provided , That before any new road, street or lane shall be opened, the owners of the land, if known, or their agents, if they reside in the county, shall have written notice to appear before Council at a regular meeting, and choose a man on his, her or their part, and the Council shall choose a man on their part, and the two thus selected shall choose a third who shall assess the amount of damages such owner or owners sustain by running such road, street or lane through their land. If the owners of such lands fail to choose a man on his, her or their part, then the intendant and commissioners shall choose both the umpires, and they a third, who shall proceed to assess the aforesaid damages. The amount so assessed shall be paid, or tendered in payment, to the owners of such land, if such owners are known, before such road, street or lane shall be run through such land: Provided also , That parties dissatisfied may enter an appeal to the Superior Court at the next meeting of Council, and not after. Said intendant and commissioners, or a majority of them, shall have full power to require and compel all the male inhabitants of said town, between the ages of sixteen and sixty years, to work upon and keep in good order the roads, streets, lanes, sidewalks and bridges of said town, or collect a tax of all defaulters of not less than two nor more than five dollars for each day, or in proportion for the parts of days they neglect or refuse to work: Provided , That in no case shall any one, except as a punishment, be compelled to work upon the roads, streets, lanes, sidewalks or bridges within said corporation more than three days at any one time, nor more than twelve days in each year. Said intendant and commissioners shall have power to levy and collect annually a tax of not more than one-fifth of one per cent. upon all

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property within the corporate limits of said town, and, if necessary, enforce the collection of the same by levy and sale of the property taxed, under such rules and regulations as they may prescribe. Corporate limits. Election of Intendant and commissioners. Powers of. Specific taxes. Ordinances. Punish violators of. Election of Marshal. Bond of. Roads, streets, etc. Proviso. Procedure for right-of-way. Proviso. Subjects of road and street duty. Defaulters shall pay tax. Proviso. Sec. 3. Be it further enacted , That any two citizens of said town, qualified as aforesaid, shall hold said elections, and whose duty it shall be to receive and count out the votes of said election, and give to the persons receiving the highest number of votes at said election a certificate of his or their election, which certificate shall be sufficient evidence of their election, and empower them to act; if said election should not from any cause be held on the day aforesaid, or should a vacancy occur in the board of officers, it may be held at any time by giving ten days' notice of the time and place of holding said election. Electionshow held. Sec. 4. Be it further enacted , That the intendant of the town of Blackshear shall be ex officio Justice of the Peace, and it shall be his duty to preside at all meetings of Council, and is hereby constituted judge of the police court in said town, and is empowered to try and punish, as the charter prescribes, all violators of the ordinances of said town, bind over or imprison all persons charged with the violation of the penal laws of this State, within the corporation, or the county of Pierce; if any person shall be brought before said intendant, charged with the commission of any crime of lower grade than felony, if the person or persons so charged are willing to waive their right to a trial by jury, said intendant shall have the right, and it is hereby made his duty, to try such person or persons, and to decide on his, her or their guilt or innocence, and if found guilty, said intendant shall award such punishment as is authorized by the laws of this State; said intendant may hold police courts whenever he may deem necessary, adopt such rules as he may think proper, not inconsistant with the legal rights of defendants for the government of the same, be the judge of the law in all cases that may arise in meetings of Council and said police courts, and shall have as complete power to compel the attendance of parties and witnesses, and keep order and support the dignity of his court, as the Judges of the Superior Courts have, provided he shall not fine for contempt in a sum more than ten dollars, or imprison more than ten days; in case the intendant, in consequence of sickness or other cause, is unable to preside at meetings of Council, or hold police courts, or should the office become vacant, then the commissioners may, and it shall be their duty to, select one of their number to take the place of said intendant until he shall be able to resume the functions of his office, or, in case of a vacancy, to fill said office till an election can be held and another intendant be elected and qualified; and the said commissioner acting as intendant shall be vested for the time he thus acts with all the powers conferred in this act upon the regularly elected and qualified intendant of the town of Blackshear. Intendant ex officio J. P. His duties and jurisdiction defined. Sec. 5. It shall be the duty of the marshal to attend all the meetings of Council and police courts, and he is fully authorized

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and required to serve all criminal warrants placed in his hands against persons for violation of the penal laws of this State, committed within the corporate limits of the town of Blackshear, or within the county of Pierce, by arresting the person or persons, and bringing them before the intendant, or some other judicial officer, to be dealt with as the law directs; and to serve all summonses upon person charged with the violation of the ordinances of said town, and arrest parties, either with or without warrant, who are disturbing the order and quiet of the town by using boisterous or indecent language, quarreling, fighting, or found drunk in the streets, and confine them in the guard-house, or some other secure place, till they can have a hearing before the intendant; levy executions, sell property, serve subp[UNK]nas and other papers placed in his hands by the clerk or intendant, and see that good order is kept in meetings of Council and police courts, and do and perform all other acts legally required of him by said Council or intendant, receiving for his services the fees hereinafter prescribed. Duties of marshal defined. Sec. 6. It shall be the duty of the clerk to attend all meetings of Council and police courts, and keep a correct account of all the proceedings of said meetings and courts; issue all processes and papers required of him, and bearing test, when issuing from Council, in the name of the intendant and commissioners of the town of Blackshear, and when issuing from the police courts, in the name of A. B. Intendant, Judge of said Court; pay over all money coming into his hands, belonging to the corporation, into the hands of the treasurer, and take his receipt for the same. Said clerk shall receive for his services, in addition to his fees, such amount as Council may allow. Duty of clerk defined. Sec. 7. It shall be the duty of the treasurer to safely keep all money coming into his hands belonging to the corporation, and pay out the same as Council may direct, receiving for his services two and one-half per cent. of all moneys received, and two and one-half per cent. upon all moneys paid out. Duty of treasurer defined. Sec. 8. Be it further enacted , That the intendant and commissioners of the town of Blackshear are hereby constituted a body corporate, under the name and style of the Intendant and Council of Blackshear, and by that name and style shall have perpetual succession, shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and enjoy real estate, as well as personal property, for the use of said corporation, and be capable in law and equity of suing and being sued. Corporate body. Style. Succession. Seal. Powers. Sec. 9. Be it further enacted , That the fees of the intendant, marshal and clerk shall be as follows, to-wit: the fees of the intendant for each trial for a violation of the penal laws of this State, five dollars; if convicted, to be paid by the defendant; if not convicted, to be paid by the prosecutor, if the said intendant should be of the opinion that the prosecution was malicious; for each person bound over to the Superior Court, or imprisoned for the violation of the penallaws of this State, two dollars; for each

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trial for violation of the ordinances of said town, if convicted, or if the party acknowledges the truth of the charge, one dollar. The marshal shall be allowed the following fees: for each arrest under a criminal warrant, one dollar and-twenty-five cents; for summoning parties to appear before the police court, fifty cents; for each subp[UNK]na for witness, fifty cents; levying execution, fifty cents; selling same, five per cent. on amount realized by such sales; for each conviction for violation of the penal laws of this State, or for violation of ordinances, or where the party is bound over, fifty cents; for serving any paper not mentioned, twenty-five cents; for feeding prisoner, per day, fifty cents. The clerk shall be entitled to the following fees: for recording orders of Council, fifty cents; for issuing execution, fifty cents; for issuing subp[UNK]na, twenty-five cents; for issuing summons, for violation of ordinances, to appear before police court, fifty cents each; for conviction and binding over, the same as the marshal; for issuing other process not mentioned, such fee as Council may determine. Fees of officers prescribed. Of Intendant. Of marshal. Of Clerk. Sec. 10. Be it further enacted , That all acts and parts of acts militating against the provisions of this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 112.) An Act to incorporate the town of Blakeley, in the county of Early, and State of Georgia, appoint commissioners for the same, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That James B. Brown, James Buchanan, Bolin H. Robinson, Reuben W. Wade and Benjamin M. Fryer, and their successors in office, be, and they are hereby, appointed commissioners and made a body corporate under the name and style of the Town Council of Blakeley, and shall hold their office until the first Saturday in January, 1871, and until their successors are elected and qualified. Commissioners. Style. Term of office. Sec. 2. It is further enacted by the authority aforesaid , That on the first Saturday in January, 1871, 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 next after their election, and until their successors are elected and qualified, at which election no person shall be entitled to vote who is not a resident 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 and conduct the same. Annual election. When and where held. For what purpose. Electoral qualificati'n

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Sec. 3. It is further enacted by the authority aforesaid , That the corporate limits of said town shall extend one mile in all directions from the court-house. Corporate limits. Sec. 4. It is further enacted by the authority aforesaid , That the Town Council shall, at its first meeting after their election and qualification, elect from their own number a presiding officer, who shall be styled chairman of Council, and appoint a clerk and marshal, who shall hold their offices during the pleasure of the Council. Chairman of Council. Sec. 5. It is further enacted by the authority aforesaid , That a majority of said Council shall constitute a quorum for business, and shall have power to pass ordinances necessary to regulate liquor traffic within the corporate limits of said town; to grant license and fix the price for the same; to suppress gambling, and any and all species of crime, the punishment of which is usually vested in the Council of corporate towns; 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 in lieu thereof, to pay an annual tax to be assessed by said Council; to pass all ordinances necessary to promote the interest of said town, not repugnant to the Constitution and laws of Georgia and the Constitution of the United States; they shall have power to enforce obedience to their ordinances by fine or imprisonment, or both. Quorum. Powers. Sec. 6. It is enacted further , That the persons named in this act, and those hereafter elected commissioners, shall, before entering upon the discharge of their duties as Town Council, take an oath faithfully and impartially to discharge the duties of their office. Official oath. Sec. 7. It is enacted further , That all laws and parts of laws conflicting with this act are hereby repealed. Approved October 24, 1870. (No. 113.) An Act to incorporate the town of Boston, in the county of Thomas, and to appoint Commissioners for the same, and for other purposes therein mentioned. Sec. 1. Be it enacted, etc. , That, from and after the passage of this act, Thomas Adams, B. A. Stone, A. B. Carson, J. Long and J. J. Hatchell be, and they are hereby, appointed commissioners of Boston, in the county of Thomas, who shall, at their first meeting, elect from their body a president, treasurer and clerk, and appoint at the same time, and annually thereafter, a person to be marshal and collector within the limits of said town, who, before he assumes the duties of his office, shall give bond in the same manner as the several constables of said county; and the said commissioners and president, and their successors in office, are

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hereby declared a body corporate and politic, under the name and title of the commissioners of the town of Boston, and by that name be empowered to sue and be sued in any courts of the State, and the said commissioners, or a majority 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 the United States. Commissioners. President, Treasurer and Clerk. Style. By-laws. Sec. 2. Be it further enacted , That the corporate limits of said town shall embrace one square mile, the depot of the Atlantic Gulf Railroad being the center: Provided , That the land of J. R. Evans included within said limits be excepted. Corporate limits. Sec. 3. Be it further enacted , That the commissioners herein named and appointed shall hold their appointments until the second Monday in January, 1872, when an election shall be held in said town of Boston, superintended in the same manner as an election for the 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 Boston during the thirty days preceding the election, or may hold freehold property within the limits of said town, shall be entitled to vote for said commissioners; and said commissioners shall be elected annually thereafter in like manner, and in case of vacancy by death, resignation or otherwise, said commissioners shall have power to order an election to fill said vacancy. Said election shal be conducted as hereinbefore specified, ten days' notice being first given. Commissioners. Term of office. New commissioners to be elect'd Annual election. Vacancy. Sec. 4. Be it further enacted , That the said commissioners shall have power to pass all ordinances necessary to regulae the liquor traffic within the limits of said town; to grant license and fix the price of the same; to impose and collect a tax on all bowling alleys, billiard tables, and all shows that may be exhibited, and itinerants trading within said corporation; they shall also have power to levy a capitation tax of not more than two dollars on every person liable to road duty, residing within the limits of said corporation, which tax shall be in lieu of said duty; they shall also have power to levy such tax on real and personal property as they may think necessary to advance the interest and promote the general welfare of the citizens of said town: Provided , That said tax shall not exceed twenty-five per cent. of the State tax. Powers of commissioners enumerated. Sec. 5. Be it further enacted , That all the persons within the corporate limits of said town shall be exempt from all road and patrol duties without said limits. Corporate limits. Sec. 6. Be it further enacted , That the said commissioners shall have power to establish the limits, width and grades of the streets of said town, and provide for the payment of the damage and expense of laying out, opening and widening said streets. Limits of streets. Sec. 7. Be it further enacted , That said commissioners shall have power, by their clerk, to issue executions or enforce the payment of all taxes, fines and debts due said corporation in their corporate

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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 Thomas county. May enforce whatby executi'n Sec. 8. Be it further enacted , That said commissioners shall be allowed the same fees as Justices of the Peace, for like services, and the marshal shall be allowed the same fees which the Constables are allowed for like services. Commissioners' fees Sec. 9. Be it further enacted , That said commissioners shall have the power to appoint once in three years, or oftener if they think proper, three assessors of real estate in said town, and their assessment shall be made under oath, and the tax on said real estate shall be collected on the valuation of the assessors. If any owner of property assessed in said town shall feel aggrieved by the assessment made by said assessors, he may appeal to the said commissioners, who may make such deduction therein as to them may seem just and reasonable. Assessors of real estate Duties of assessors. Sec. 10. Be it further enacted , That the 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 ten dollars, and that the term of imprisonment shall not exceed five days. May enforce by-laws. Proviso. Sec. 11. Be it further enacted , That all ordinances passed by the said commissioners shall be entered by the clerk, in a book to be kept by him for that purpose, and shall be open at all times for inspection of any person interested, and copies of all ordinances shall be posted in the most public places of said town that the same may be generally known. Ordinanceshow kept. Sec. 12. Be it further enacted , That all moneys that may be collected by said corporation by virtue of this act, (except the fees hereinbefore mentioned) shall be paid into the hands of the treasurer, to be applied by him for the use of said town, as may from time to time by ordinance be directed. Fines, etc., collectedhow disposed of. Sec. 13. Be it further enacted , That it shall be the duty of the marshal and collector to attend the meetings of the commissioners, whenever he shall be required to perform such services as shall from time to time be by them directed. Duty of marshal. Sec. 14. 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 during my continuance in office, and that I will support and defend the Constitution of the State and of the United States. Officers must take oath. Sec. 15. Be it further enacted , 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 move or suppress nuisances, and to enforce the same by proper and reasonable fines. Other powers.

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Sec. 16. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 114.) An Act to incorporate the town of Brooksville, in the county of Randolph; to provide for the election of Wardens; to confer powers upon them, and for other purposes therein. Section 1. Be it enacted, etc. , That the town of Brooksville, in the county of Randolph, is incorporated under said name; said incorporation shall extend for one-half mile in each direction from the Methodist church. Brooksville incorpora'd Sec. 2. Be it further enacted , That the legal voters residing within said limits, and have so resided for thirty days' prior thereto, and who are qualified to vote for members of the Legislature, shall, on the last Saturday in January, 1870, and on the said last Saturday in December of each and every year, between the hours of ten A. M. and four P. M., vote for five wardens of said town, to serve twelve months, and who shall on the following Monday organize by the election of one of their number chairman, and said wardens when so elected shall be a body corporate and politic, may sue and be sued, make, ordain and publish by-laws and ordinances as they may deem necessary and proper, not inconsistent with the laws and Constitution of this State; may appoint a marshal, or officer or officers for the proper enforcement of said by-laws and ordinances; may abate nuisances and enforce proper and legal police laws. Limits of. Election of wardens. Term of office. Corporation Powers of. Sec. 3. Be it further enacted , That said wardens shall have the exclusive jurisdiction to regulate the sale by retail of spirituous liquors within said corporate limits; may assess the amount for license, and shall have full power to enforce such ordinances upon this question as they may ordain and publish, and may prohibit the sale altogether. Exclusive jurisdiction Sec. 4. Be it further enacted , That the citizens of the town shall not be exempt from the discharge of their reasonable road duty within the district. Road duty. Sec. 5. Be it further enacted , That each officer elected or appointed shall take an oath to faithfully and impartially discharge the duties of his office, which may be administered one to another, and which shall be entered on the minutes of the board of wardens, and in which book of minutes a full and complete record of the proceedings of said wardens shall be kept. Official oath Sec. 6. Be it further enacted , That a majority of said board shall constitute a quorum for the transaction of business, and in the absence of the chairman, a chairman pro tem . may be appointed. Quorum.

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Sec. 7. Be it further enacted , That all offenses committed within said incorporate limits, not punishable under the laws of this State, by said corporate authorities, the chairman of the board, or, in his absence, any one of the wardens, may issue a warrant, and shall have the power to order a preliminary examination, and shall have the power to bind over to the Superior or District Court, or commit to jail under the laws of this State. Jurisdiction of Wardens. Sec. 8. Be it further enacted , That the chairman of the board, or, in his absence, any member of the board, shall have power to try and punish offenders of the by-laws and ordinances of the town. Jurisdiction of chairman Sec. 9. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 115.) An Act to incorporate the town of Cairo, in the county of Thomas, and the town of Subligna, in the county of Chattooga, and to provide for the election of Mayor and Councilmen, Marshal and Clerk and Treasurer for the same, and for other purposes. Section 1. Be it enacted, etc. , That the inhabitants now living, and that may hereafter reside, upon the territory within a half mile in all directions from the depot of the Atlantic Gulf Railroad, in the town of Cairo, in the county of Thomas, be, and they are hereby, constituted and made a body corporate, by the name and style of the town of Cairo; and the said inhabitants who are entitled to vote for members of the General Assembly of the State of Georgia, and have resided ten days within said corporate limits, and who have paid all legal taxes required of them by said town, shall meet at the usual place of holding the Justice Court in said town, on the first Saturday in November next, and on the first Saturday in November in each year thereafter, and elect from the citizens of said corporate limits one Mayor and three Councilmen, and one marshal; and said Mayor and Councilmen shall be vested with the municipal government of said town of Cairo; and as Mayor and Councilmen of said town, and under that name and style, shall have full power to have a common seal or scroll, and to hold, purchase, have, receive, enjoy, possess and retain to them and their successors, for the use of said town of Cairo, any real or personal estate within the jurisdictional limits of said town of Cairo, and shall be capable, under the aforesaid name and style, to sue and be sued in any court of law or equity in this State. Corporators Style. Electoral qualificat'ns Election of Mayor. General powers of Council. Sec. 2. And be it further enacted , That the election for said officers shall be held by one Justice of the Peace of said county of Thomas, and one freeholder of said town, or by three freeholders;

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and in the event that there shall be no election at the time herein specified, then said officers shall remain in office until their successors are elected and qualifiedten days' notice of said election in all cases to be given by said Mayor, or by a Justice of the Peace; and in the event of the death or resignation of any of said officers, an election may at any time be ordered by complying with the provisions of this act; all of said officers shall hold their office for twelve months, or until their successors are elected and qualified. Electionhow held. Term of office. Sec. 3. And be it further enacted , That the said officers, before entering the duties of their office, shall take and subscribe the following oath, to-wit: I, A B, do solemnly swear that I will faithfully perform the duties of Mayor, marshal or clerk and treasurer (as the case may be,) of the town of Cairo, to the best of my skill and ability. So help me God. Oath. Sec. 4. And be it further enacted , That said Mayor and Councilmen shall have full power and authority to make all laws, rules and regulations for the proper government of said town; to impose and collect fines, not less than one nor over thirty dollars, and imprison for not less than one nor over fifteen days, for any one violation of said by-laws, rules and regulations aforesaid. May make by-laws. Sec. 5. Be it further enacted , That said Mayor and Council shall have power to tax all shows in said town performing there for purposes of gain; to issue license to retail spirituous liquors in said town or corporate limits, and to charge for the same a sum not exceeding twenty-five dollars, and the said retailers of spirituous liquors in said town shall also comply with the laws now in force as to bond and oath; the said Mayor and Council shall have power to tax all itinerant traders, ten-pin or other ball alleys and billiard tables in said town; and they shall have power to enforce the collection of taxes; fines and penalties in such manner as they may see proper. Powers as to specific tax. Sec. 6. And be it further enacted , That said Mayor and Council shall elect one of their number clerk and treasurer of Council, and fix the salaries of said Mayor, marshal and clerk and treasurer, and shall require bond and security from the said clerk and treasurer in such amount as they may think proper and right. Election of clerk. Bond and security. Sec. 7. And be it further enacted , That said Mayor, during his term of office, shall be clothed with the authority of acting Justice of the Peace, so far as to authorize him, within the corporate limits of said town, to bind over all persons charged with violating the laws of this State, to answer for such imputed offense to the court having jurisdiction thereof, and to act as conservator of the peace; that the said Mayor and Council shall hold their meetings at such time and place as they may see fit and proper, and shall have power to suppress all nuisances in said town, and to remove the inmates of lewd or disorderly houses out of said corporate limits. Mayorhis authority. Meetings of Mayor and Council. Nuisances. Sec. 8. And be it further enacted , That all moneys arising from licenses, fines and forfeitures, under the provisions of this act, or any rules, by-laws or ordinances passed in conformity therewith,

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shall go into the treasury of said corporation, and be disposed of as the Mayor and Council may direct for the exclusive benefit of said town. Fines and forfeitureshow applied Sec. 9. And be it further enacted , That said Mayor shall have power to dismiss from office said marshal for failure or neglect to perform the duties of his office, and immediately to give ten days' notice of an election for another, and shall appoint a marshal to act in and during the term of all vacancies: Provided , That no by-law, rules, or regulations shall be of force, which is in violation of the laws and Constitution of this State. Dismiss marshal and fill vacancy. Proviso. Sec. 10. Be it enacted , That the town of Subligna, in the county of Chattooga, be incorporated, and that the limits of said town embrace an area of one-half () mile, and that the junction of the streets be considered the center. Incorpora'd Limits of. Sec. 11. Be it further enacted , That Milton White, Dr. J. W. Clements and J. M. Lawrence 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 first Saturday in December, 1871, and have power to fill vacancies in their body by appointment; they shall also appoint a marshal, who shall give bond and security to said commissioners, and their successors in office, for the faithful performance of his duty, and shall take and subscribe the following oath: I, , do swear that I will faithfully perform every duty required of me by law, as marshal of the town of Subligna. Commissioners. Powers of. Term of office. Vacancies. Marshal. Oath of. Sec. 12. Be it further enacted , That on the first Saturday in December, 1872, and on the same day in each and every year thereafter, an election shall be held for commissioners, and that all persons entitled to vote for members of the General Assembly, residing within the corporate limits of said town for ten days' preceding said election, shall be entitled to vote for said commissioners, and the election shall be held as prescribed by the existing laws. Election for commissioners. Sec. 13. Be it further enacted , That said commissioners so elected shall be a body corporate, capable of suing and being sued, pleading and being impleaded. Sec. 14. Repeals conflicting laws. Approved October 28, 1870.

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(No. 116.) An Act to repeal an act to amend an act incorporating the town of Camilla, in the county of Mitchell, State of Georgia . Section 1. Be it enacted, etc. , That from and after the passage of this act, an act, assented to December the 14th, 1859, amending an act, assented to December 14, 1858, incorporating the town of Camilla, in the county of Mitchell, be, and the same is hereby, repealed, and the original act of December the 14th, 1858, declared of full force and virtue, this day of August, 1870. Certain act continued. Sec. 2. Be it further enacted , That nothing contained in the above recited act, inconsistent with the Constitution and laws of this State or of the United States, shall be of force. Approved October 25, 1870. (No. 117.) An Act to amend and alter, and add to the several acts incorporating the town of Cartersville, and to make valid certain acts of the officers of said town . Whereas, The Legislature at its last session passed an act to amend the several acts incorporating the town of Cartersville, in the county of Bartow, and to repeal all acts and parts of acts in conflict with this act, in the following words and figures, to-wit: Preamble. Section 1. The General Assembly of the State of Georgia do enact , That the corporate limits of the town of Cartersville shall be two miles 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, east, west and south. Corporate limits of. Sec. 2. And be it further enacted , That said board of commissioners shall have power and authority to fix the amount to be paid by any person or persons for license to retail spirituous and and malt-liquors, provided said amount shall not exceed three hundred dollars per annum, 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: Provided , That the tax on the value of the real and personal property in said town shall not exceed one-half of one per cent. Powers of commissioners. Sec. 3. And be it further enacted , That if any person or persons shall fail or refuse to comply with the provisions of the ordinances of said town, fixing the fee for, and regulating the granting of

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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 or persons shall sell any spirituous or malt liquors within the corporate limits of said town, without complying with the said ordinances regulating the same. Persons disobeying ordinances shall be fined. Sec. 4. And be it further enacted , That no person shall be eligible to the office of commissioner of said town, or to vote for commissioners, who has not 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. Qualificat'ns of commissioners. Sec. 5. And be it further enacted , That said board of commissioners shall have power to levy and collect an extra tax, in addition to the taxes hereinbefore provided, whenever they may deem it necessary, to purchase a fire-engine, hose, pumps and all the necessary appurtenances. Extra tax. Sec. 6. And be it further enacted by the authority aforesaid , That any person liable to the performance of road duty under the Code of Georgia, who shall fail to pay the tax imposed by said commissioners for the purpose of working or improving the streets of said town, shall be required to work on the streets of said town, in the same manner and under the same penalties as provided for in the Code of Georgia, for working the public roads, and any fines collected from such defaulters, failing to perform such street work, shall be applied to the improvement of the streets of said town. Road duty and road tax Fines from defaultershow applied And Whereas, His Excellency the Governor did not approve said act till more than five days had elapsed after the adjournment of the Legislature, and, in consequence thereof, the said act has recently been declared by the Supreme Court to be invalid; Preamble. And Whereas, The commissioners and officers of said town, believing said act to be valid, have worked out the roads at great expense to the limits in said act defined, and have expended considerable sums of money on said roads, in converting the same into streets and putting them into proper order, and have incurred other considerable expenses, and undertaken other obligations on the faith of the validity of said act; And Whereas, Said commissioners and officers have assessed, levied and collected considerable sums of money under said act, and expended the same for the benefit of said town, as the boundaries of the same are defined in said act: therefore Section 1. The General Assembly do hereby enact , That said act, as herein set out, except the fourth section thereof, and except as the same may be inconsistent with this act, be, and the same is hereby, re-enacted and declared valid. Foregoing act renewed Sec. 2. The General Assembly do further enact , That all the actings, doings and proceedings of said commissioners and officers of said town, and of each of them, including all such acts, doings and proceedings up to the passage of this act, are hereby made

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legal, valid and binding, in as full and ample manner as the same would have been if said act had been valid. Act of former commissioners ratified. Sec. 3. The General Assembly do further enact , That said commissioners shall have full power and authority to lay out, and to open new streets in any part of said town, and to abolish or alter any street already laid out, or that may be laid out; and any street that may be discontinued may be sold by them; and whenever said commissioners shall deem it expedient to lay out and open, or to widen or alter, an old street, they shall apply to the owner of the land to be affected, or the agent of said owner; and if said owner or agent shall withhold his assent, then said streets may be opened, widened or altered, in the manner prescribed by the Revised Code of Georgia for laying out and altering public roads, after the same have been reported on by road commissioners, except that the commissioners of said town shall act in the place of the Ordinary, and the marshal shall act in the place of the Sheriff, and no publication of any notice in a newspaper or otherwise shall be necessary. May open new streetshow. Sec. 4. Said commissioners shall have power and authority to acquire, and hold and use, and control such property, real and personal, as they may deem [best] for the interest of said town; and all property and rights now held by them, or hereafter acquired, they may use, control or convey as they may deem advisable. General powers. Sec. 5. Said commissioners may assess, levy and collect in such way and manner as they may deem proper, on all property, real and personal, situated, held or owned in said town, a tax not exceeding one-half of one per cent. of the value thereof, to be estimated in such manner as they may deem advisable, and may prescribe the time and mode of assessing, levying and collecting the same, and may fix and enforce such penalties as they may deem proper, for any failure to make returns, either wholly or in part, and also for making returns of property below its value. But the tax as already assessed for the present year shall be valid, unless altered by said commissioners. Special tax. Sec. 6. The corporate limits of said town shall be a circle of one mile in every direction from the depot of the Western Atlantic Railroad, making the diameter of such circle two miles. Corporate limits. Sec. 7. And that hereafter all levies and sales be made and had by the town marshal, or his deputy, under the regulations prescribed in the Code for Sheriffs' and Constables' sales, and defendants shall have the right of redemption provided in the Code. Leviesby whom made Approved August 20, 1870.

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(No. 118.) An Act to amend an act incorporating the village of Cave Spring, in the county of Floyd. Section 1. Be it enacted, etc. , That the act approved March 18, 1869, be so amended as to read as follows: That no person or persons shall hereafter be allowed to sell spirituous liquors of any kind, (except for sacramental or medicinal purposes) in any quantity whatever, within the corporate limits of said village, without first obtaining a license for so doing from the corporate authorities of said town, for which license he or they shall pay not less than one thousand dollars annually. Certain act amendedhow. Sec. 2. And be it further enacted , That no person or persons shall be allowed to sell spirituous liquors, even for sacramental or medicinal purposes, on any land heretofore owned or now owned by the trustees of the Hearn Manual Labor School, without first obtaining a license so to do from said trustees, and any person or persons violating this act shall ray the said trustees, as aforesaid, one thousand dollars for each and every offense. Sale of spirituous liquors prohibitedwhen. Violation. Penalty. Sec. 3. Repeals conflicting laws. Approved October 24, 1870. (No. 119.) An Act to incorporate Cedar Town, in the county of Polk, and to appoint commissioners for the same, and for other purpose therein mentioned. Section 1. It is hereby enacted, etc. , That M. F. Lidell, Thomas Moore, T. W. McMickins, Sandy Dorithy, and G. W. Featherstone be, and they are hereby, appointed commissioners of Cedar Town, in Polk county, Georgia, with power and authority to make such by-laws for the government of said town as may be necessary for the preservation of good order: Provided , Such by-laws be not repugnant to the Constitution and laws of this State, or of the United States. Commissioners. Powers of. Sec. 2. Be it further enacted , That the said town of Cedar Town is hereby incorporated, and the limits of the incorporation shall extend five hundred yards in every direction from the center of the court-house. Corporate limits. Sec. 3. Be it further enacted , That the commissioners herein named shall hold their office until the first Saturday in January, 1871, when an election shall be held in said town of Cedar Town, superintended in the same manner as an election for Justice of the Peace, for five commissioners, and all persons entitled to vote for members of the General Assembly, who may have resided within

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the limits of said town during the ten days preceding the election, shall be entitled to vote for said commissioners, and said commissioners shall be elected annually thereafter in like manner. Term of office. Electionhow managed. Who may vote. Sec. 4. Be it further enacted , 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 and treasurer. Oath of. Sec. 5. Be it further enacted , That the said president and commissioners, or a majority of them, shall hold their meetings at such times and places, within said town, as they may think proper; shall have power to levy a tax on real and personal property within the limits of said town, 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 for taxing ten-pin alleys, billiard tables, and other establishments calculated to encourage idleness; shows in said town performing for the purpose of gain, and itinerant traders within the limits of said town, and shall have power to regulate or prohibit the sale of spirituous liquors and other intoxicating drinks within the limits of said town: 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 said town, according to the original survey of said town; they shall also have power to punish offenders against their by-laws, by fine and imprisonment, provided such fine shall not exceed twenty 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 for a term not exceeding five days in one year. Meetingwhen and where held. Powers of commissioners enumerated. Sec. 6. Be it further enacted , That the said president and commissioners shall require bond and security for 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. Certain officers must give bond. Sec. 7. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870.

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(No. 120.) An Act to incorporate the town of Clarkesville, in the county of Habersham; to appoint commissioners for the same, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact, and it is hereby enacted by authority of the same , That James E. Griggs, Mitchell Parker, Robert E. McMillan, William W. Berry, Jarvis Van Buren be, and they are hereby made a body corporate, under the name and style of the Town Council of Clarkesville, and shall hold their offices until the first Saturday in January, 1871, and until their successors are elected and qualified. Corporators Style. Term of office. Sec. 2. That on the first Saturday in January in 1871, and on the first Saturday in January of every year thereafter, 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 qualified to vote but those entitled to vote for members of the General Assembly, at which election a Justice of the Peace, or two freeholders, may preside. Annual electionwhen and where held. Electoral qualificat'ns Sec. 3. The Town Council shall, at their first meeting after qualification, elect from their own number a presiding officer, who shall be styled President of the Town Council of Clarkesville, and appoint a treasurer and marshal, who shall hold their office for the time they are appointed, and shall, before entering upon the discharge of their duties, take an oath faithfully and impartially to discharge the duties of their office. Election of President. Treasurer. Term of office. Sec. 4. And be it further enacted , That the said president shall be ex officio a Justice of the Peace, within the corporate limits of said town, so as to enable him to issue warrants for offenses committed therein, and to bail and commit offenders according to law. President ex officio J. P. Sec. 5. The corporate limits of said town shall extend three-fourths of a mile from the court-house therein in every direction. Corporate limits. Sec. 6. A majority of said Council shall constitute a quorum for the transaction of business, and shall have power to pass all ordinances necessary for the government of said town; to grant license for the retail of liquors in said corporate limits, and to fix the price of the same, which license shall not exceed the amount required by the laws of this State for county license; to impose and collect taxes on all shows, circuses and exhibitions for the purpose of gain; to compel all persons, residents of said town, who, under the road laws of said State, are 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, not repugnant to the Constitution and laws of this State, and the Constitution of the United States. Quorum. Powers of Council. Sec. 7. And be it further enacted , That said board of commissioners shall have power to enforce obedience to these ordinances by

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a fine of not less than one nor more than ten dollars, at their discretion. May enforce obedience to ordinances. Sec. 8. All laws in conflict herewith are hereby repealed. Approved September 16, 1870. (No. 121.) An Act to incorporate the town of Cleveland, in the county of White, and to amend the act incorporating Clarkesville. Section 1. The General Assembly of Georgia do enact , That the town of Cleveland, in the county of White, is hereby incorporated and made a body politicthe incorporation to extend one-fourth of a mile from the court-house in said town in every direction. Incorpora'd Corporate limits. Sec. 2. Be it enacted , That William B. Bell, Henry Meaks, Virgil Robertson, A. J. Comer and William G. Goodrum are hereby declared commissioners for said town, and shall hold their office until the first Saturday in January, 1871, or until their successors are elected and qualified. Commissioners. Term of office. Sec. 3 Be it enacted , That an election shall be held annually after the first of January, 1871, for five commissioners for said town, as provided for by this act, which election shall be held on the first Saturday in January in each year. Annual election. When held. Sec. 4. Be it enacted , That the commissioners named by this act, as well as their successors, shall elect a chairman out of their own number, who shall be an ex officio Justice of the Peace in said town, and shall also elect a secretary and treasurer. Elect chairmanex officio J. P. Sec. 5. Be it enacted , That [at] all elections for commissioners, the same qualification for electors shall prevail and be of force as is required of electors for members of the General Assembly of this State. Electoral qualificat'ns Sec. 6. Be it enacted , That said commissioners shall have power to tax shows, exhibitions, circuses and other entertainments for the purposes of gain, and may force the collection of the same, if necessary, by execution, levy and sale of the property of the defaulters. Special powers of commissioners. Sec. 7. The General Assembly do enact , That the commissioners, as provided for by this act, shall have power to regulate the price of retail license to sell liquors, and to adopt such by-laws, rules, regulations and ordinances, not repugnant to the Constitution and laws of this State, and the United States, as may be necessary to promote the good order and abate the nuisances: Provided , That the penalty for a violation of any of the rules and ordinances of said corporation shall not exceed a fine of ten dollars, or imprisonment for five days. Retail licenses. Proviso.

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Sec. 8. Be it further enacted , That a majority of the commissioners of said town shall constitute a quorum for the transaction of business. Quorum. Sec. 9. Be it further enacted , That nothing contained in the act incorporating the town of Clarkesville, passed at this session of the General Assembly, shall be so construed as to remove the expense of keeping up the bridge over Logue River, near Clarkesville, from the county of Habersham, as now provided by law. Keeping up certain bridge. Sec. 10. All laws and parts of laws conflicting with this act are hereby repealed. Approved October 18, 1870. (No. 122.) An Act to incorporate the town of Colquitt, in the county of Miller, and State of Georgia, appoint commissioners for the same, and for other purposes. Section 1. The General Assembly do enact , That J. J. Christie, J. V. Heard, J. A. Beau, F. G. Sitters, and Henry C. Sheffield, and their successors in office be, and they are hereby, appointed commissioners and made a body corporate, under the name and style of the Town Council of Colquitt, and shall hold their office until the first Saturday in January, 1871, and until their successors are elected and qualified. Commissioners. Style. Term of office. Sec. 2. That on the first Saturday in January, 1871, 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 next after their election, and until their successors are elected and qualified, at which election no person shall be entitled to vote who is not a resident within the corporate limits of said town, who are authorized to vote for members of the General Assembly, at which election three freeholders, residents in said town, may preside and conduct the same. Election for commissioners. Term. Votes. Sec. 3. The corporate limits of said town shall extend one-half mile in all directions from the court-house. Corporate limits. Sec. 4. The Town Council shall, at its first meeting after their election and qualification, elect from their own number a presiding officer, who shall be styled chairman of Council, and appoint a clerk and marshal, who shall hold their office during the pleasure of the Council. Chairman, clerk and marshal. Sec. 5. A majority of said Council shall constitute a quorum for business, and shall have power to pass ordinances necessary to regulate liquor traffic within the corporate limits of said town; to grant license and fix the price for the same; to suppress gambling and any and all species of crime, the punishment of which is usually

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vested in the Council of corporate towns; 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 in lieu thereof, to pay an annual tax to be assessed by said Council; to pass all ordinances necessary to promote the interest of said town, not repugnant to the Constitution and laws of Georgia, and the Constitution of the United States; they shall have power to enforce obedience to their ordinances by fine or imprisonment, or both. Quorum. Powers of council enumerated. Sec. 6. The persons named in this act, and those hereafter elected commissioners, shall, before entering upon the discharge of their duties as Town Council, take an oath faithfully and impartially to discharge the duties of their office. Cath of office. Sec. 7. All laws in conflict with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 123.) An Act to be entitled an act to amend an act to incorporate the town of Conyers, in the county of Rockdale, passed December 22, 1857 ; to enlarge the boundary of said town, and for other purposes herein named. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the authority and jurisdiction of the town of Conyers shall extend one mile from the Georgia Railroad depot in said town in every direction. Jurisdiction Sec. 2. And be it further enacted , That the town commissioners of said town shall have the power and authority to levy and collect a tax (not exceeding the State tax) upon the value of all property within the corporate limits of said town, of whatever kind, which is, or may be subject to taxation by the laws of this State; also, a further tax (not exceeding the State tax) on all professions, itinerant traders, and all shows of every description, within the corporate limits of the said town of Conyers. Powers of town commissioners. Sec. 3. And be it further enacted , That the said town commissioners shall have full power and authority to pass all by-laws, respecting the streets of said town, to open and lay out the same; respecting public buildings, drays, pumps, wells, fire-engines, care of the poor, suppression of disorderly houses, and every other by-law, rule and regulation that shall appear to them necessary and proper for the security, welfare and interest of said town, or for preserving the peace, health, order and good government of said town. Other powers.

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Sec. 4. And be it further enacted , That the town commissioners of said town of Conyers shall have power to license persons to retail and sell by retail spirituous and intoxicating drinks, under such terms, conditions and restrictions as they deem expedient for the public good, and no person or persons shall sell by retail any spirituous liquors, within the corporate limits, without first obtaining such license, for which they shall pay a sum not exceeding one hundred dollars and clerk's fee, which tax shall be appropriated to the use of said town of Conyers. Retail licenses. Sec. 5. And be it further enacted , That all laws and parts of laws in conflict with this act be, and they are hereby, repealed. Approved October 26, 1870. For act incorporating Conyers, see acts of 18534p. 259-60, secs. 2 and 3. For act amendatory, see acts of 1857p. 171. (No. 124.) An Act to amend the charter of the city of Cuthbert, in Randolph county. Section 1. It is enacted, etc. , That the City Council of Cuthbert shall have power to issue bonds of the city, in terms at their discretion, not to exceed in amount six thousand dollars, for the purpose of providing an adequate fire department for said city, and shall also have power to levy and collect, annually, such tax additional to their present power of taxation as may be needful to meet the interest on such bonds, and to provide an adequate sinking fund to extinguish such bonds in thirty years: Provided , No bonds shall be issued, or tax levied, until the question shall have been submitted to a vote of the citizens of said city. Council may issue bonds. Maximum. Purposes. Sec. 2. It is further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870.

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(No. 125.) An Act to amend the several acts incorporating the town of Darien, and city of Darien, so as to conform to the present Constitution of this State, and for other purposes. Section 1. Be it enacted, etc. , That the several acts incorporating the town of Darien and city of Darien, and the acts amendatory thereof be, and they are hereby, so amended as to conform to the present Constitution of Georgia, so far as the right of the inhabitants to vote and exercise the functions of office in the said municipality, so as to give all legal voters under the present Constitution all the powers and privileges conferred by said Constitution. Certain acts amendedhow. Sec. 2. And be it further enacted , That whenever the word colored, white or negro is used, the same is hereby stricken out. Words stricken out Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 27, 1870. (No. 126.) An Act to amend an act to incorporate the town of DeSoto, in the county of Floyd, approved January 22, 1852. Section 1. Be it enacted, etc. , That, from and after the passage of this act, F. Pence, John T. Riley, S. M. May, P. L. J. May and John Harkins be, and they are hereby, appointed and constituted commissioners of the town of DeSoto, in the county of Floyd. Names of commissioners. Sec. 2. Be it further enacted , That said commissioners be authorized to work the streets of said town under the general road laws of the State of Georgia; and that they be empowered to levy a tax of not more than fifty per cent. upon the State tax of all property, both real and personal, within the corporate limits of said town. Authority of Sec. 3. All laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 24, 1870.

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(No. 127.) An Act to incorporate the town of Eastman, in Pulaski county, and to appoint officers for the same. Section 1. Be it enacted, etc. , That John L. Parker, David M. Buchan, J. J. Rozar, E. F. Lee, John S. Livingston, be, and they are hereby, appointed commissioners of the town of Eastman, 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 laws of this State, and of the United States. Commissioners. Powers of. Sec. 2. Be it further enacted , That the said town be, and is hereby, incorporated, and the limits of said incorporation shall extend one-half mile in every direction from the center of said town of Eastman. Corporate limits. Sec. 3. Be it further enacted , That the said commissioners, and their successors in office, be a body politic for the purpose herein set forth, with the power to fill vacancies that may occur in the said force, during the time for which they shall have been elected. Commissioners may fill vacancy. Sec. 4. Be it further enacted , That the town of Maxey's, in the county of Oglethorpe, be, and the same is hereby, declared to be an incorporated townthe corporate limits of which shall extend one-half a mile in every direction from the depot of the Georgia Railroad in said town, and that Pope Barrow, William H. Gillam, Pope Taylor, Thomas Fleming and Samuel Bailey are hereby appointed commissioners of said town, who shall hold their offices until the qualification of their successors, to be elected according to the provisions of this bill, and that all the provisions of this act incorporating the town of Eastman, in the county of Pulaski, be, and are declared to apply to said town of Maxey's. Town of Maxey's incorporatedhow. Sec. 5. Be it further enacted , That the commissioners herein appointed shall hold their offices sixty (60) days after the passage of this act, at which time 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 select 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 (20) days next preceding said election, shall be entitled to vote; said commissioners, when elected, shall hold their offices until their successors shall be elected and qualified; there shall be an election held annually at such place and time as the first board of commissioners elected under this act may direct. Term of office. Election to be heldhow managed. Who may vote. For what. Annual election. Sec. 6. Be it further enacted , That all laws and parts of laws militating against this act be, and they are hereby, repealed. Approved October 27, 1870.

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(No. 128.) An Act to incorporate the town of Euharlee, in the county of Bartow, and for other purposes therein specified. Section 1. It is hereby enacted, etc. , That Franklin R. Calhoun, Elihu G. Nelson and Thomas Tumlin be, and they are hereby, appointed commissioners of the town of Euharlee, in the county of Bartow, with power and authority to make such by-laws for [the] government of said town as may be necessary for the preservation of good order: Provided , Such by-laws be not repugnant to the Constitution and laws of this State, or those of the United States. Commissioners. Powers of. Sec. 2. The corporate limits of said town shall extend one mile in every direction from Euharlee Academy, except where the line meets Etowah Riverin that event the river making the line. Corporate limits extended. Sec. 3. That the commissioners herein named and appointed shall hold their appointments until the first Saturday in January, eighteen hundred and seventy-two, when an election shall be held in said town, superintended in the same manner as elections for Justices of the Peace, for three commissioners; and all persons entitled to vote for members of the General Assembly, who may have resided within the limits of said town during ten days preceding the election, shall be entitled to vote for said commissioners, and said commissioners shall be elected biennially thereafter in the same manner. Term of office of commissioners. Votes. Sec. 4. That the commissioners so appointed or elected shall, as soon as convenient, appoint one of their number president, and also have power to appoint a marshal, a treasurer and a 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 appointments. Commission'rs shall appoint officers. Sec. 5. That the said president and commissioners, or a majority of them, shall hold their meetings at such times and places within the limits of said town as they may think proper; shall have power to levy a tax on real and personal property within the limits of said town, and for the benefit thereof; they may pass laws for taxing ten-pin alleys, billiard tables and other establishments calculated to encourage idleness; shows in the town performing for the purposes of gain, and itinerants trading within the limits of said town, and shall have power to regulate or prohibit the sale of spirituous liquors and other intoxicating drinks within the limits of Euharlee; said commissioners shall also have power to punish offenders against their by-laws by fine and imprisonment; have power to pass laws for enforcing order, for removing nuisances and for the promotion of peace and good order; they shall also have power to compel all persons within the limits of said town, who are, under the laws of this State, subject to road duty, to work the streets in said town in accordance with the laws now in force [Illegible Text] said county, and subject to the same penalties: Provided , however,

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Said commissioners may have power to receive commutation in lieu of work, which commutation shall be expended on said streets. Meetingsby whom, when and where held. Powers of commissioners. Sec. 6. That the president appointed by said commissioners during his term of office shall be clothed with the authority of a Justice of the Peace, so far as to authorize him, within the limits of Euharlee, to bind over offenders against the laws of this State to answer for such offenses to the court having jurisdiction thereof; to collect such fines as may be assessed against offenders by the law, and to act as conservator of the peace. Authority of President. Sec. 7. Repeals conflicting laws. All laws and parts of laws in conflict herewith are hereby repealed. Approved September 16, 1870. (No. 129.) An Act to amend an act to incorporate the town of Forrestville, in the county of Floyd, and State of Georgia, and to appoint commissioners for the same, and for other purposes, approved October 9, 1868, and to extend the corporate limits of said town. Section 1. Be it enacted, etc. , That the said recited act be amended so that the corporate limits shall embrace the whole of [Illegible Text] number two hundred and thirty-four, in the twenty-third district of the third section, as well as extending in all directions one-fourth of a mile from the junction of the Calhoun and Kingston road. Corporate limits defined. Sec. 2. Be it enacted , That whenever any vacancy shall occur in the board of commissioners, by death, removal, resignation or otherwise, the chairman of the board may order an election to fill the vacancy at any time, and the election may be held at any time after ten days' notice, under the rules provided for electing commissioners. Vacancy in boardhow filled. Approved September 16, 1870. (No. 130.) An Act to amend an act incorporating the town of Fort Valley, in the county of Houston; also, an act amendatory thereof, approved December 22, 1857, and for other purposes. Section 1. The General Assembly do enact , That instead of five commissioners now composing the board of said town of Fort

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Valley, a Mayor and four Aldermen shall be elected, and hold their offices as now prescribed by said act, and discharge the duties now required of said commissioners, and shall have authority to pay the Mayor an adequate salary for his services. Act requiring commissioners repealed. Sec. 2. Be it further enacted , That it shall be the duty of said Mayor and Aldermen to publish, in some newspaper or otherwise, an annual statement of the receipts and expenditures of the revenue of said town. Duties of. Sec. 3. And be it further enacted , That all conflicting laws are hereby repealed. Approved October 27, 1870. See acts of 1857p. 177, original act; see act of 3d February, 1856, acts of 1855-6p. 377. (No. 131.) An Act (with subsequent amendments thereunto) to incorporate the town of Gainesville, in the county of Hall, under the name and style of the city of Gainesville, and to provide for the election of a Mayor and the City Councilmen, and such other officers as may be required, and confer upon them specified powers. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the town of Gainesville shall be known and called the city of Gainesville, and the corporate limits of the said city shall be and extend one mile from the center of the court-house, in a circle, and that an act to amend an act entitled an act to incorporate the town of Marthasville, in the county of DeKalb, passed the twentythird day of December, eighteen hundred and forty-three; and 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 a Mayor and City Councilmen and other officers of said cities, and to confer upon them specified powers, and for other purposes herein mentioned, and approved December twenty-ninth, eighteen hundred and forty-seven. That each and every provision of this act contained, in relation to the city of Atlanta, shall apply and be in force as to the said city of Gainesville as fully and to the same extent as if specially enacted therefor. Corporate limits. Certain acts extended to. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870. For acts incorporating Gainesville, vide acts of 1821, vol. 4p. 432; also, 1832, pam. 200. Powers and duties of commissioners, acts of 1823, vol. 4p. 447; also, acts of 1841 (acts of 1832 revived) pam. p. 50.

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(No. 132.) An Act to incorporate the town of Geneva, in the county of Talbot, and to appoint commissioners for the same, and for other purposes. Section 1. Be it enacted , That, from and after the passage of this act, George W. Jordan, John Durden, John T. McBryde, Perry Morris, Anderson W. Wynn, J. T. Candler and Charles B. Litner be, and they are hereby, made a body corporate and politic, under the name and style of Town Council of Geneva, to hold their office until 1st January, 1871, and until their successors are elected and qualified. Corporators. Style. Sec. 2. That on the first Saturday in January, 1871, 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 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 any three freeholders of said town may act as managers. But no person shall be eligible to the office of commissioner of said town who has not resided in the corporate limits of said town for six months immediately preceding said election, nor shall any person be qualified to vote for said commissioners who has not resided in said corporate limits of said town thirty days immediately preceding said election, and shall have paid all taxes required of him, required by the laws of said town. Annual elect'n held to elect commissioners. Term of office. Vote. Eligibility to the office of commissioner. Sec. 3. That the corporate limits of said town of Geneva shall be one-half of a mile in every direction from the depot building on Muscogee Railroad in said town. Corporate limits. 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; but in the absence of the president, said board of commissioners may select any one of their number to preside, and they shall have power to elect a marshal and deputy marshal, secretary and treasurer of said board, and to require each of said officers to give such bond and security as they may deem proper, and to fix their compensation for their services. President. President pro tem. and other officers. Sec. 5. That said board shall have power to do all acts which they shall deem [proper] for the welfare of said town; to fix the taxes on all property owned by persons in said town; to collect such income tax as they may establish by their by-laws, consistent with the laws of the State; to grant licenses to retail within corporate limits of said town, and to take and receive in the treasury of said town all such license fees: Provided , That said tax shall not exceed one and a half per cent. on the value of taxable property, or the net income of such persons as may be subjected to the same. Powers of board enumerated.

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Sec. 6. That said board of commissioners shall have power to pass such rules and ordinances for the good government of said town as they may deem necessary; also, to pass rules for the collection of taxes, the punishment of disorderly conduct, the preservation of peace and quiet, and the protection of all persons who may be living in or visiting said town, not inconsistent with the laws of this State, or the Constitution thereof, or of the Constitution and laws of the United States. 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 or his deputy, under such rules as the town council may make: Provided , That said board shall not be allowed to impose a fine of over two hundred dollars for any one violation of their by-laws or ordinances. Amount of fineshow collected. Proviso. Sec. 8. That if any person shall refuse to comply with any rule, law or regulation of said town, duly made by the by-laws of said Council, said Town Council shall have power to punish for the same: Provided , That they do so in such manner as is allowed by the laws of this State. Refusal to comply with rulespenalty. Proviso. Sec. 9. That said board shall have power to compel all persons residing in said corporation, over eighteen years of age, to work the roads or streets in said town. Road duty. Sec. 10. Said commissioners may do anything they may think proper and consistent with the Constitution and laws of this State, and the United States, to protect life, health or property of the people of said town, or others visiting it, or to promote cleanliness, peace, order and the general good of the people residing in said town; to remove or suppress nuisances, and to enforce the same by proper and reasonable fines. Other powers of board Sec. 11. That all fines, taxes, forfeitures, collected under this act, shall be for the use and benefit of said town. Sec. 12. That all laws conflicting with this act are hereby repealed. Approved October 18, 1870. (No. 133.) An Act to legalize the acts of the Mayor and Board of Aldermen of the town of Grantville, and confer certain additional powers on the same. Whereas, It is doubtful whether or not the board of aldermen named in the act to incorporate the town of Grantville, and for other purposes, approved October the 10th, 1868, may have forfeited

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their rights to act as such in consequence of non-use of said rights and powers conferred on them at the proper time; and whereas, said board of aldermen have now put into full force and operation all the provisions of said act, by having fully organized and put into effect ordinances, etc.: Preamble. Section 1. Therefore be it enacted, etc. , That all laws, acts or ordinances made in accordance with said act by said board of aldermen be hereby legalized, and the same is hereby in full force and effect, as though said act was dated 1870, instead of 1868. Acts of Aldermen legalized. Sec. 2. Be it further enacted, etc. , That in addition to the authority and powers therein granted to said board of aldermen, they are vested with all the authority and powers vested in or given to the municipal authorities of the town of West End, in Fulton county, in sections fifth, sixth, seventh, eighth and ninth, of an act approved October 10th, 1868, entitled an act to incorporate the town of West End, in Fulton county. Additional authority granted board. Sec. 3. Repeals conflicting laws. Approved October 27, 1870. (No. 134.) An Act to change the corporate limits of the town of Hamilton, Harris county, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That from and after the passage of this act, the corporate limits of the town of Hamilton shall be so changed as to extend from the court-house one mile on the Columbus road; six hundred yards on the Blue Spring road, to the forks of the LaGrange and Whitesville roads; seven hundred and fifty yards on the Goodman's crossroads; seven hundred and fifty yards on the Greenville road; six hundred and fifty yards on the Valley Plains road, and to the creek on the Ragland Mills road, and that the lines connecting these points be so located as to include within said limits the residence of Mr. T. S. Howard, Mrs. Gorham, the hospital building and all the residences within these boundaries. Corporate limits. Sec. 2. Be it further enacted , That the corporate authorities of said town shall have power to lay a tax upon property in said town not exceeding one-fifth of the State tax for each year. Authoritiespowers of. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 25, 1870.

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(No. 135.) An Act to incorporate the village of Harlem, in the county of Columbia, and to appoint Commissioners for 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. Section 1. The General Assembly of the State of Georgia do enact as follows , That the town of Harlem, in the county of Columbia, be, and the same is hereby incorporated, and the limits of said town shall extend from the Baptist Church, in said village, three-fourths of a mile in every direction. Corporate limits. Sec. 2. Be it further enacted , That Andrew J. Landers, Newman Hicks, M. W. Morrison, Marshall Holsenbake, and Benjamin F. Verdery be, and they are 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 they may think proper to carry this act into full execution; and the said president and commissioners, 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 Harlem, 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 majority 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 and of the United States. Commissioners. President. Title. General powers. Sec. 3. Be it further enacted , That the said commissioners appointed as aforesaid shall hold their offices till the first Saturday in January, 1871, and until their successors are elected and qualified; said election shall be held on the first Saturday in January, 1871, and annually thereafter, and all persons within said corporate limits, who are by law entitled to vote for Justices of the Peace, and have resided ten days within said corporate limits, shall be electors at said election. Said election shall be conducted by two freeholders who reside within said corporate limits; and if, from any cause, said elections should not be held at the time specified, then it shall be lawful to hold it on any other day the commissioners, or a majority of them, shall 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. Election forwhen held-annual Electionhow conducted. May be heldwhen. Vacancieshow filled. Sec. 4. Be it further enacted , That said commissioners shall have full 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 corporation. Commissioners may levy a tax.

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Sec. 5. Be it further enacted , That said commissioners shall have power to impose and collect all fines for violation or infraction of the by-laws, rules and regulations which they may adopt for the peace, good order and dignity of said town, as well as the raising the revenue: Provided , Said commissioners shall not impose any fine or fines on persons for offenses which subject the offender to indictment under the criminal laws of this State; but each commissioner, during his term of office, is clothed with the authority of any acting Justice of the Peace, so far as to authorize him or any one of them, within the corporate limits of said town, to bind over all persons charged with violating the laws of the State, to answer for such imputed offense, to the court having cognizance thereof, and to such as conservators of the peace. May fine for violation of ordinan's. Proviso. Sec. 6. Be it further enacted , That said president and commissioners shall have power to tax all shows in said town of Harlem, performing there for purpose of gain; to tax itinerant traders; to impose a tax on ten-pin alleys, billiard tables, or other sporting tables and lottery agents; and they shall have power to enforce the collection at any time of said tax; but no person shall be permitted to retail spirituous or alcoholic liquors within the corporate limits of said village. Council may tax shows, itinerant traders, ten pin alleys, etc. Sec. 7. Be it further enacted , That all persons within the corporate limits of said town shall be exempt from all road and patrol duty without said limits. Sec. 8. Be it further enacted , That the said commissioners shall have power by their clerk to issue executions or enforce the payment of all taxes, debts due to said corporation 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 property belonging to the defendants that may be found incounty. May enforce by executionwhat. How tested. Sec. 9. Be it further enacted , That said commissioners shall have power and authority to dismiss from office said marshal for failure or neglect to perform the duties of his office, and immediately give notice for the election of a successor, and appoint a marshal to act in and during the time of all vacancies. May dismiss marshal. Elect successor. Sec. 10. Be it further enacted , That all money that may be collected by said corporation by virtue of this act 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. Money collectedhow disposed of. Sec. 11. Be it further enacted , That the said commissioners shall be allowed the same fees as Justices of the Peace are for like services, and the marshel shall be allowed the same fees which the Sheriff is now allowed by law for like services. [Illegible Text] of commissioners. Sec. 12. Be it further enacted , That the treasurer shall be required to give bond in a sum not exceeding five hundred dollars, and that said commissioners, and all other officers by them appointed, shall, before entering upon the duties of their office, take and subscribe the following oath: Ido solemnly

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swear that I will, to the utmost of my ability, discharge the duties of a for the village of Harlem, 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. Treasurer give bond and take oath. Sec. 13. 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 not at any time exceed the sum of ten dollars, and that the term of imprisonment shall not exceed five days._ How commissioners may punish offenders- Sec. 14. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 136.) An Act to incorporate the town of Hawkinsville, in the county of Pulaski; to define the limits of the same, and to repeal all previous acts passed incorporating the same, or amendatory thereto. Section 1. Be it enacted, etc. , That the municipal government of the town of Hawkinsville shall consist of a Mayor and six Aldermen, who are hereby constituted a body corporate, under the name and style of the Mayor and Council of the town of Hawkinsville, and by that name and style shall have perpetual succession, and shall, by the said name, be capable to sue and be sued in any court of law or equity in the State, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, and to retain to them and their successors for the use and benefit of the said town of Hawkinsville, in perpetuity, or for any term of years, any estate, real or personal, lands, tenements, hereditaments of what kind or nature soever, within the limits of said town, and to sell, alien, exchange or lease the same, or any part thereof, or convey the same, or any part thereof, in any way whatever. Municipal government Style, succession and powers. Sec. 2. Be it further enacted , That, from and after the passage of this act, the corporate limits of the town of Hawkinsville shall extend over and embrace all that portion of land comprised in fractional lots numbers two hundred and twenty-five (225,) two hundred and twenty-six (226,) whole lot two hundred and twenty-four (224,) and that portion of whole lot number two hundred and twenty-three (223,) lying north of Mile Branch; also, fractional lot number two hundred and fifty-five (255,) all in the fourth (4th) district of originally Dooly, now Pulaski county; also, fractional lot number two hundred and eighty-three (283,) and that portion of whole lot number two hundred and eighty-four (284,) on the

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south side of Town Creek, in the twelfth (12th) district of originally Houston, now Pulaski county: Provided , That no field or woodland exceeding five acres shall be subject to the corporate tax or corporation laws, until the same is laid off into town lots or built upon. Corporate limits defined. Proviso. Sec. 3. Be it further enacted , That the corporate powers of said town shall be vested in a Mayor and six Aldermen, who shall be elected on the second Saturday in January next, ten days' notice having been given, and on the same day in every January there-after, and that said Mayor and Aldermen shall hold their offices for one year, or until their successors are qualified, and all citizens residing in said corporation ten days previous to said election, who shall be entitled to vote for members of the General Assembly, shall be entitled to vote for said Mayor and Aldermen: Provided , No person who is not a resident citizen within the said incorporation shall be eligible to the office of Mayor or Alderman in said town. Corporate powersin whom vested. Proviso. Sec. 4. Be it further enacted , That any two citizens who may be freeholders in said town, being first sworn to hold said election properly and faithfully, may preside over said election, neither of whom being a candidate, and the person receiving the highest number of votes shall be declared to be duly elected, and that the managers of said election shall give their certificates to such persons as shall be thus elected; and said certificates shall be evidence of the fact, and their authority to act, and the said certificates shall be recorded by the clerk of the Council in a book kept for that purpose, and this record shall always be the highest evidence of said election. Election managers. Sec. 5. Be it further enacted , That said Mayor and Aldermen, before they enter upon the duties of their respective offices, shall, before the Judge of the Court of Ordinary, or a Justice of the Peace, or commissioned Notary Public, take and subscribe the following oath: I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of Mayor (or alderman) of the town of Hawkinsville during my continuance in office. So help me God. Mayor and Aldermen must take oath. Sec. 6. And be it further enacted , That the said Mayor and Aldermen shall, at their first annual meeting after being qualified, proceed to elect by ballot a marshal, and, if they deem necessary, a deputy marshal, clerk of Council and treasurer, each of whom, unless removed, shall remain in office until a new election for, and qualification of, Mayor and Aldermen; and that said Mayor and Aldermen shall have full power to remove from office, or to punish by fine, not exceeding fifty dollars, any officer elected by them, for any neglect, malpractice in, or abuse of said office. Marshal. Deputy, clerk of Council, etc Powers of Mayor. Sec. 7. And be it further enacted , That in case the Mayor or any Alderman, while in office, shall be guilty of any willful neglect or malpractice in, or abuse of said office, he or they shall be liable to be indicted before the Superior Court of Pulaski county, and, on conviction thereof, shall be fined in a sum not exceeding five

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hundred dollars for each and every offense, and shall, moreover, be removed from office, which fine or fines shall be paid over to the town treasurer for the use of said town. Malfeasance in officeindictment. Penalty. Sec. 8. And be it further enacted , That all males over the age of sixteen years, and under the age of forty-five, who may have resided in said town ten days, shall be subject to work the streets, according to the road laws now of force in this State, or to be taxed therefor as the Town Council may determine, as a commutation for such duty, not to exceed two dollars per day. Subjects of street duty. Sec. 9. And be it further enacted , That the Mayor and Aldermen shall have power to fix and regulate the salaries of each and every officer they may elect, which salaries shall not be increased or diminished during continuance in office. Salaries of officers. Sec. 10. And be it further enacted , That the Mayor, or Mayor pro tempore , and any three Aldermen, shall form a quorum for the transaction of business, and the Mayor, or President pro tempore , shall have the casting vote, and a majority of the votes shall determine all questions and elections before the Council, and the Mayor and each Alderman shall be, to all intents and purposes, a Justice of the Peace, so far as to enable them, or any of them, to issue warrants for offenses committed within the corporate limits of said town, which warrants shall be executed by the marshal or deputy marshal, and to commit to the county jail of Pulaski county, or to admit to bail, according to law, offenders for their appearance before the next Superior Court thereafter, for the county of Pulaski, to await his, her or their trial; and it shall be the duty of the jailor of said county to receive all such persons so committed and them safely to keep until the same be discharged by due course of law; and in all cases where persons committed to jail are or shall be unable to pay jail fees, the said corporation shall be liable for the same. Quorum. Casting vote Mayor ex officio J. P. Powers of. Sec. 11. And be it further enacted , That the expenditures of the Mayor and Aldermen, and the compensation of the town officers, shall be paid out of the town funds by an order drawn by the clerk of Council, upon the town treasurer, and countersigned by the Mayor or the president pro tempore of the Council, and that the marshal, or deputy marshal, clerk and treasurer shall give bond and good security to the Mayor and Aldermen, and their successors, in a sum to be fixed by the Mayor and Aldermen, for the faithful performance of his or their duties. Expenditureshow paid. Sec. 12. And be it further enacted , That the said Mayor and Aldermen shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and well-being of the said town; to remove pests and nuisances, and to perform all acts necessary and proper to carry out the provisions of this act, not incompatible with the Constitution and laws of Georgia, and of the United States; they shall have also full power to make all contracts in their corporate capacity which they may deem necessary for the welfare of said town. Powers of Mayor and Councilmen

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Sec. 13. And be it further enacted , That the Mayor, and, in his absence, any two of the Aldermen of said town, shall have full power and authority to try all offenders against all or any of the by-laws and ordinances of said town, and to punish for each and every violation thereof, within the corporate limits of said town, by a fine or fines not to exceed fifty dollars, or by imprisonment in the common jail of said county not exceeding thirty days. Offenders against by-lawshow tried. Penalty. Sec. 14. And be it further enacted , That the Mayor of said town shall receive for his services such sum per annum as may be fixed by the Mayor and Aldermen, and all the salaries to be paid to the officers of said incorporation, together with all the expenditure made for the use of said town, shall be paid out of the town funds in the hands of the town treasurer, who shall keep a book in which he shall make an entry of all the sums of money paid out, and to whom and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to the inspection of the Mayor and Aldermen of said town, or any or either of them; and all sums of money paid into the hands of the treasurer by the provisions of this act shall, and the same is hereby directed to, be a fund for the exclusive use of said town. Compensation of Mayor. Sec. 15. And be it further enacted , That the Mayor and Aldermen of said town shall have power to license persons to retail and to sell by retail spirituous liquors within the limits of said town, and that no person or persons shall sell by retail any spirituous liquors within the limits of said incorporation without first obtaining such license, for which he or they applying shall pay such sum of money as the Mayor and Aldermen of said town shall by ordinance determine, which tax shall be paid into the treasury of this State, and be appropriated to the use of common school. Retail licenses. Sec. 16. And be it further enacted , That the Mayor and Aldermen of said town shall have full power to levy a tax upon all billiard tables kept or used for the purpose of playing on, gaming or renting, and all ten-pen alleys, or alleys of any kind, which are kept for the purpose of playing with pins and balls, or either pins or balls, or for the purpose of renting the same, and the said Mayor and Alderman shall have power and authority to levy and collect a tax from all itinerant showmasters who may exhibit in said town any show, circus, riding, tumbling, sleight-of-hand, tricks of legerdemain, or any theatrical exhibition coming under this description. May levy specific taxon what. Sec. 17. And be it further enacted , That the Mayor and Aldermen of said town shall have power and authority to impose and levy such taxes upon all the real and personal estate within the corporate limits of said town as they shall deem necessary for the support of the government of said town, and also to enforce the collection of all fines which may be imposed by said Mayor and Aldermen under the provisions of, or the powers granted by the act. Other tax. Sec. 18. And be it further enacted , That it shall be the duty of all tax-payers and owners of taxable property within said town, and they and each of them, either by themselves or an

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agent, are hereby required to make annual returns, under oath, to the clerk of council in said town, or to such other officers as the Mayor and Aldermen of said town may appoint for said purpose, at such time as said Mayor and Aldermen may limit, of all their taxable property, polls and professions in said town, held in their own right, or in the right of any other person; and in case any person or persons shall fail or refuse to make such return, or shall make any return deemed incorrect by the Mayor and Aldermen, the said Mayor and Aldermen may assess the property of such person, and may fix such value thereon as they may deem correct and just; and all taxes and fines levied and imposed by said Mayor and Aldermen (in case of refusal to pay the same) shall be collected in the following manner: an execution for the sum due, and all costs, shall be issued by the clerk of Council, directed to the marshal against the estate, both real and personal, of each defaulter, and shall be levied by the marshal or deputy marshal upon the said estate, and, after having been advertised thirty days in some public gazette in the State, the said marshal or deputy marshal shall sell at public outcry the property so levied upon, at the time and place for Sheriff's sale in Pulaski county, and the deed of the marshal, or his successor in office, made in accordance with such sale, shall be as effectual to pass the title to such property to the purchaser thereof as the deed of the defaulter, and all executions issued under the provisions of this act shall bind all the property of defendant from date, and shall have rank and precedence as executions from the courts of this State now have by law, and the costs thereof shall be the same as in the Tax Collector's executions by the laws of this State. Duty of tax-payer. Refusing to payhow enforced. Sec. 19. And be it further enacted , That the Mayor and Aldermen of said town shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public square in said town, and also to establish a market or markets in said town, and also license, regulate and control all taverns and public houses in said town, and also to regulate all butcher pens, slaughter houses, tan yards, blacksmith shops, forges, stoves and chimneys, within said town, and to remove or cause to be removed the same or any of them, in case they become dangerous or injurious to the health of any citizen of said town, or become nuisances; and also, if necessary, to fill up all pits, cellars and excavations in said town, or cause the owner to do so; also, to regulate drays, omnibuses, buggies, carriages, wagons and carts owned or kept and used in said town; and also, full power to regulate and control all pumps, wells, livery stables, fire companies and engines within said town. Nuisances. Sec. 20. And be it further enacted , That the Mayor and Aldermen shall have full power, upon proof of the maintenance or existence of any house of ill fame, or baudy houses within said town, to cause the occupants of said houses to be forcibly removed without the limits of said town, upon giving to them ten days' notice,

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or to punish him, her or them by fine, not exceeding ten dollars for each day he, she or they may remain after said notice, or by imprisonment in the common jail in Pulaski county, or guardhouse of said town, not exceeding ten days, or both, at the discretion of the said Mayor and Aldermen. Sec. 21. And be it further enacted , That said Mayor and Aldermen shall have power to license and appoint as many vendue-masters or auctioneers in said town as they may deem proper, and to receive from each one such sum or tax as they may deem right for such license, and also a tax upon all goods sold at auction, or on commission, in said town: Provided always , That no tax or restriction whatever shall ever be levied or imposed by the said Mayor and Aldermen upon any sale required by the law to be made or had in said town. May license vendue masters Proviso. Sec. 22. And be it further enacted , That the Mayor and Aldermen of said town shall have power to take up and impound any horses, mules, dogs, hogs, cows or other cattle running at large in said town, and to pass and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town. May impound stock Sec. 23. And be it further enacted , That the marshal or deputy marshal shall have full power and authority to examine all places in said town where he may suspect a violation of the laws of the State to be carried on, and he shall report all offenders in said town against the laws of this State to the Mayor or any Alderman in said town, whose duty it shall be, upon such report being made, to issue a warrant or warrants for the apprehension of every such offender, and to commit the same to jail, or admit to bail, according to law, to await his, or her or their trial before the Superior Court of Pulaski county, and also that the said marshal be fully authorized to arrest any and all disorderly persons who shall violate any of the by-laws and ordinances of said town, and to take the same before the Mayor or any two Aldermen of said town for trial according to the provisions of the thirteenth section of this act; and also that upon all trials or examinations authorized or required by any of the provisions of this act, the said Mayor or two Aldermen, who may be conducting any such trial or examination, shall have full power to compel the attendance of any witness or witnesses by a fine not to exceed ten dollars; and also the said Mayor and Aldermen shall [have] power to establish and regulate a police, and that the said marshal or deputy marshal shall have full power and authority to call to his aid any and all of the male citizens of said town capable of bearing arms for the arrest and apprehension of any offender against the laws of the State or the ordinances of said town, in said town; and in case any citizen shall refuse to render such aid, he shall be liable to such fine, not exceeding ten dollars, as the said Mayor and Aldermen may impose. Marshal and deputy may report certain offenders. Duty of Aldermen. Sec. 24. And be it further enacted , That the said Mayor and Aldermen, or that the Mayor or any two Aldermen, upon the trial or

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examination of any offenders against the laws of this State or ordinances of said town, shall have power to issue all processes, writs and subp[UNK]nas necessary to carry out any of the provisions of this act, or to execute any of the powers therein granted, and which processes, writs and subp[UNK]nas shall be signed by the clerk and bear test in the name of the Mayor or other officer acting pro tempore , instead of said Mayor, and be served and executed by the marshal or deputy marshal. Powers of Mayor in trying offenders. Sec. 25. And be it further enacted , That it shall and may be lawful for the Mayor and Council of said town to try all offenses committed against the laws of this State, except such offenses as are punishable by death or imprisonment in the Penitentiary of this State: Provided , The said offenses were committed within the incorporate limits of said town, and to punish the same according to the general laws of said State: And provided, also , That no person shall be tried by said Mayor and Council for such misdemeanors, except upon written accusation founded upon affidavit, and that all the proceeding had before, at the time of and after the trial of any such offender, shall conform to and be governed by the act of the Legislature, approved October 7, 1868, entitled an act to organize a criminal court for each county of this State. Jurisdiction of Mayor and Council Sec. 26. And be it further enacted , That in case there should be at any time a failure to elect a Mayor and Aldermen for said town, as provided for in this act, any two freeholders of said town, upon giving ten days' notice thereof, shall or may proceed to hold an election in manner as pointed out by this act for the regular elections in said town, and the Mayor and Aldermen so elected shall hold their office until the next regular election in said town, or until their successors are qualified; and in case there should at any time be a vacancy in the office of Mayor or Aldermen, that the Mayor or any two Aldermen, or two freeholders in said town, may upon ten days' notice proceed to fill such vacancies in the manner as pointed out for elections in said town by this act, and all officers thus elected to fill vacancies shall hold their office until the next regular election in said town, or until a successor is qualified. Failure to elect Mayor. Sec. 27. And be it further enacted , That the Mayor and Aldermen shall have full power to pass all ordinances which they may deem necessary for the protection of said town against fire, and to declare any portion or portions of said town fire districts. Ordinances. Sec. 28. And be it further enacted , That the cost for issuing, serving and executing all warrants, processes, writs and subp[UNK]nas authorized by this act, for the violation of any of the ordinances or by-laws of said town, shall be the same as upon similar warrants, processes, writs and subp[UNK]nas, by the laws of this State, and shall be paid by the offender or offenders, in case he or they be found guilty of the alleged violation of any of said ordinances or by-laws. Costs upon criminal proceedings Sec. 29. And be it further enacted , That the Mayor and Council shall have full power and authority to open and lay out, to widen,

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straighten or otherwise change streets and alleys in said town; whenever the Mayor and Council shall exercise the power above delegated, they shall appoint two freeholders, and the owner or owners of the lots fronting on said streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damages sustained or the advantage derived by the owner or owners of said lots in consequence of the opening, widening, straightening or otherwise changing said streets or alleys; and, in case said assessors cannot agree, they shall select a fifth freeholder. The said assessors to take an oath that they will faithfully discharge their duties, and either party to have a right to enter an appeal to the Superior Court of Pulaski county within ten days from the rendition of said award. The Mayor and Council of said town of Hawkinsville to have power and authority to levy, collect and enforce the final award or judgment in each and every case, by judgment against the owner or owners of said lot or lots when the same is found to be advantageous to said owners. Powers over streets. Sec. 30. And be it further enacted , That any of the officers of said incorporation who may be sued for any act done in his or their official character may justify under this act. Sec. 31. And be it further enacted , That the said Mayor and Aldermen shall have power to impose and levy the same tax upon all professions practiced in said town, when the person practicing the same resides out of said town, but has or keeps an office in said town for the purpose of practicing such profession. Specific taxes. Sec. 32. And be it further enacted , That hereafter when any fi. fa. issued by the corporate authorities of said town for fines, forfeitures, taxes or any other debt or demand due said corporation, shall be levied on any property, and claimed by any other person not a party to said fi. fa. , that said claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases, and the said claim shall be returned and tried in the first Justices' Court or Superior Court having jurisdiction thereof, as the case may be. Fi.fa.how to proceed. Sec. 33. And be it further enacted , That this act shall take effect from and after the first day of January, 1871; and that until said date, all the rights, power and privileges heretofore granted the commissioners of the town of Hawkinsville, under the original charter of incorporation, and acts amendatory thereto, as well the said acts, shall remain in full force, and the official actings and doings of the present board of commissioners under said acts are made valid and binding. Act takes effect. Sec. 34. And be it further enacted , That, from and after the first day of January, 1871 the act to incorporate the town of Hawkinsville, in the county of Pulaski, to appoint commissioners for the same, and to confer certain powers upon said commissioners, approved December 8, 1839, as well all act or acts amendatory thereto, be, and the same are hereby, repealed. Approved October 28, 1870.

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(No. 137.) An Act to incorporate the town of Hepzibah, and to confer certain powers on the commissioners thereof. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the town of Hepzibah, in the county of Richmond, shall be a town corporate vested with such powers and privileges as are herein designated. Incorpora'd Sec. 2. That the corporate limits of said town extend one mile in every direction from the site of the Hepzibah High School, and that M. J. Carswell, A. W. Rhodes, W. H. Davis, E. R. Carswell and W. L. Kilpatrick, and their successors in office be, and they are hereby, created a body corporate with full power and authority to prohibit the sale of spirituous or fermented liquors in any quantity, and to enact and enforce all rules, regulations and ordinances they may deem necessary for the good government and order of said town, and for regulating the common affairs of the same: Provided , Such rules are not violative of the Constitution of this State or of the United States. Corporate limits. Corporators Powers of. Proviso. Sec. 3. That the above named commissioners and their successors in office shall be styled the board of commissioners for the town of Hepzibah, and shall remain in office until their successors are elected and qualified on the first Saturday in November, 1871, when the citizens of said town entitled to vote for members of the Legislature may assemble in some convenient place in said town and proceed, under the direction of two or more of said board, to elect by ballot five commissioners, whose term of service shall be one year; and the election of said commissioners shall take place annually, in every subsequent year, on the first Saturday in November. Style. Term of office. Electoral qualificat'ns Election for commissioners. Sec. 4. All laws and parts of laws in conflict with this act are hereby repealed. Approved October 24, 1870. (No. 138.) An Act to incorporate the town of Hiwassee, in the county of Towns, and to appoint officers for the same. Section 1. Be it enacted, etc. , That William T. Crane, A. M. Maulden, R. A. Brown, Dr. P. W. Rillian, be, and are hereby, appointed commissioners of the town of Hiwassee, in the county of Towns, with 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. Authorities of.

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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 in every direction from the court-house in 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 board during the time for which they are elected. Purposes. Vacancies. Sec. 4. And be it further enacted , That the commissioners herein appointed shall hold their office until the first day of January, eighteen hundred and seventy-one, 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; and 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 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. Electionfor what purpose held. Sec. 5. All laws and parts of laws militating against this act are hereby repealed. Approved October 24, 1870. (No. 139.) An Act to incorporate the town of Hogansville, in the county of Troup, and State of Georgia; to appoint commissioners for the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That James M. Hurst, Joel J. Loftin, W. H. C. Pace, John T. Pullin, Warren Bachus, and Benjamin W. Morton, and their successors in office be, and they are hereby, appointed commissioners, and made a body corporate, under the name and style of the Town Council of Hogansville, and shall hold their office until the first Saturday in January, 1871, and until their successors are elected and qualified. Commissioners. Style. Sec. 2. Be it further enacted , That the corporate limits of said town shall extend three-fourths of a mile in every direction from the railroad depot. Corporate limits. Sec. 3. Be it further enacted , That on the first Saturday in January, 1871, and on the first Saturday in January of each subsequent year, an election by ballot shall be held at some convenient point

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in said town for six commissioners, to serve for one year next after their election, and until their successors are elected and qualified, at which election two or more of the Town Council then in office shall preside and conduct the same, and no person shall be entitled to vote who is not a resident within the corporate limits of said town, who is entitled to vote for members of the General Assembly. Annual election for commissi'ners. Sec. 4. Be it further enacted , That the Town Council shall, at its first meeting after its election and qualification, elect from its own number a presiding officer, who shall be styled chairman of Council, and shall have power to appoint a clerk, treasurer, marshal and assistant marshall if necessary, whose duties shall be to execute every order given to them by said corporate body, to carry into effect the ordinances of said corporation. President and other officers. Duties of. Sec. 5. Be it further enacted , That a majority of said Council shall constitute a quorum for the transaction of business, and shall have full power and authority to enact and enforce all regulations and ordinances they may deem necessary for the good government and order of said town, and for regulating the common affairs of the same; and said Town Council may fill any vacancy that may occur by resignation or otherwise in the body corporate. Quorum. Powers of. Sec. 6. Be it further enacted , The persons herein named, and those hereafter elected commissioners, shall, before entering upon the discharge of their duties as Town Council, take an oath faithfully and impartially to discharge the duties of their office. Commissioners, etc, must take oath. Sec. 7. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 12, 1870. (No. 140.) An Act to alter and amend an act to incorporate the town of Homerville, in the county of Clinch, approved February 15, 1869. Section 1. Be it enacted, etc. , That section fifth of the above recited act be altered and amended as follows: that where the words occur in said fifth section, five days in one year, it read fifteen days in each year; and persons liable to work on roads within the limits of said incorporated town shall work on all streets or roads within the incorporate limits of said town: Provided , Such persons be exempt from road duty beyond the limits of said incorporation: Provided further , That persons liable, beyond the incorporate limits of said town, shall be exempt from road duty within said incorporation. Amendment

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Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 141.) An Act to incorporate the town of Jessup, and confer certain powers on the commissioners thereof, and for other purposes therein named. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the town of Jessup, in the county of Wayne, be a town corporate, vested with such powers and privileges as are herein designated, not inconsistent with the Constitution and laws of the United States and this State. Incorpora' Powers. Sec. 2. Be it further enacted , That the corporate limits of said town extend one mile in every directicn from the railroad depot, and that William Clarey, W. H. Whaley, G. H. Cameron, T. P. Littlefield and W. C. Remshast, and their successors in office, are hereby created a body corporate, with full power and authority to enact and enforce all regulations and ordinances they may deem necessary for the good government and order of said town, and for regulating the common affairs of the same. Corporate limits. Sec. 3. Be it further enacted , That the above named commissioners, and their successors in office, be styled the Board of Aldermen for the town of Jessup, and shall remain in office until the first Saturday in January, 1871, and until their successors are elected and qualified, when the citizens of said town, who are entitled to vote for members of the Legislature, may assemble at some place the Board of Aldermen may designate, and proceed, under the superintendence of two or more of the Board of Aldermen then in office, to elect by ballot for five Aldermen, whose term of office shall be for one year, and the election for Aldermen shall take place annually on the first Saturday in January. Style. Term of office. Electoral qualificati'n Sec. 4. Be it further enacted , That the citizens of said town, qualified as before mentioned, shall vote for a Mayor at the same time and place in each year, in which said Board of Aldermen are elected, who shall hold his office for one year. Shall vote for Mayor. Sec. 5. Be it further enacted , That said Mayor, with said Board of Aldermen, or any three of them, may fill any vacancy that may occur by resignation or otherwise in the body corporate, except that for Mayor, which shall be filled by an election, after ten days notice thereof, and a majority of said Board of Aldermen may be competent to do any business appertaining to said corporation, and shall have power to appoint a clerk, treasurer, marshal and assistant marshal, whose duties shall be to execute every order

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given to them by said corporate body to carry into effect the ordinances of said incorporation. Vacancies. Quorum. Sec. 6. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 142.) An Act to amend an act entitled 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. Be it enacted, etc. , That whenever any vacancy shall occur in the Board of Commissioners, by death, removal, resignation or otherwise, the board may order an election to fill such vacancy, and such election may be held at any time, under the second section of said act providing for electing commissioners, after having given ten days' written notice. Election to fill vacancy Approved October 24, 1870. (No. 143.) An Act to amend the several acts incorporating the city of Macon; to divide the city into wards; provide for an election, and for other purposes. Section 1. Be it enacted, etc , That, from and after the passage of this act, the city of Macon shall be, and is hereby, divided into four wards, and numbered, respectively, one, two, three and four. Ward number one shall be included in the following boundary lines, to-wit: beginning at a point at the foot of Cherry street, and running along said street to the intersection of Second street, and running thence along Second street to the Ocmulgee River; all that part of the city of Macon, lying on the east side of the Ocmulgee River, shall also be included in ward number one. Ward number two shall include that part of the city of Macon embraced in the following limits, to-wit: beginning at a point at the foot of Cherry street, and running along said street to the intersection of Cherry and Second streets, then in a line along Second street, to the boundary line of the said city, and running along said boundary line to the point of beginning. Ward number three shall be embraced in the following limits: beginning at a point at the intersection of Cherry

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and Second streets, and running along Cherry street to Cotton Avenue; thence along Cotton Avenue to Washington Avenue; thence along said avenue, crossing College street at the corner known as the residence of J. H. Washington, and from there along the continuation of said street or avenue to the Vineville Branch; thence down said branch to a point where the boundary line of the said city crosses said branch; thence along said line to the Ocmulgee River, and along said river to the foot of Second street, and along said street to the point of beginning. Ward number four shall be embraced in the following limits: running along the line of ward number three, from the intersection of Cherry and Second streets, to the Vineville Branch; thence up said branch to a point where the boundary line of said city crosses said branch; thence along said boundary line to a point where the continuation of Second street would intersect said line; thence along said Second street and its continuation to the point of beginning. Division of. Wardsboundary line. No. 2. No. 3. No. 4. Sec. 2. Be it further enacted , That each of the four wards shall be entitled to three aldermen, to be elected by the peoplesaid aldermen to reside in the ward for which they are elected. Aldermenhow elected Sec. 3. Be it further enacted , That the Mayor and Council of the said city of Macon shall have no power or authority to levy any poll or capitation tax, and any person who shall be eligible to vote shall not be denied the privilege of so doing for refusal to pay such tax. Corporation tax. Sec. 4. And be it further enacted , That the Mayor and Council shall appoint three electors in each ward, whose duty it shall be to receive, count and verify the number of votes polled. Managers of elections shall take the oath prescribed at present in the city of Macon, and shall not be candidates for any office, and must be citizens of the ward for which they are appointed. Electionshow held. Sec. 5. And be it further enacted , If an elector is challenged, he shall take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have resided in the city of Macon for the last thirty days, and that I have not voted at any other polling place this day. So help me God. Elector challengedmust take oath. Sec. 6. And be it further enacted , That the Mayor, clerk and a treasurer and chief of police shall be elected at large. The above four officers shall be voted for in all the wards in the city of Macon. It shall be the duty of the clerk and treasurer to make out quarterly reports of receipts and expenditures, itemized, and have the same published in one of the gazettes of the city of Macon. Officers elected-how Sec. 7. And be it further enacted , That the Mayor and Council are hereby authorized to appoint a city sexton. They shall have power to appoint and discharge all police officers, except the chief, who shall be elected by the people. The chief of police shall be subject to discharge by the Mayor and Council for non-fulfillment of duty, or other good and sufficient cause. Sexton. Police officers. Sec. 8. And be it further enacted , That there shall be an election,

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in the city of Macon, for Mayor and twelve Aldermen, clerk, treasurer and chief of police, on the second Saturday in December, (1870,) and every two years thereafter; the Mayor and Council shall appoint one street commissioner, one guard-house keeper, etc. First electionwhen and where held. Sec. 9. And be it further enacted , That the Mayor of the city of Macon, in conjunction with the Sheriff of Bibb county, will be held strictly accountable for any and all breaches of the peace on the day of election; the carrying of deadly weapons concealed, or otherwise, is strictly prohibited. Breaches of the peace. Sec. 10. And be it further enacted , That the polls shall be opened at 8 o'clock a. m., and shall be closed at 6 o'clock P. M.; the managers of elections will have power to employ assistants if necessary. Pollswhen opened and closed. Sec. 11. And be it further enacted , That police officers and challengers shall not intimidate nor persuade any elector at any of the polling places in the city of Macon at said election; for every violation of this section, the party or parties violating the same shall be fined twenty-five dollars. No intimidations allowed. Penalty for. Sec. 12. And be it further enacted , That the Mayor of the city of Macon shall furnish all the necessary material for carrying on the elections in the different wards of the city, and shall cause to be published in the city papers the names of the ward managers, and designate the buildings or places where elections will be held; said notice shall be published for ten days previous to the day of election. Duty of Mayor as to election. Sec. 13. And be it further enacted That the citizens of each ward will hold meetings in their respective wards twelve days before the day of election, for the purpose of appointing ward managers, who shall notify the Mayor of the city of the selection made, and the names of the parties appointed. Ward managershow pointed out. Sec. 14. And be it further enacted , That it shall be the duty of the clerk of the city of Macon to open a list for the registration of voters, on the first day of October in each year, said list to be kept open until two o'clock of the day preceding the city election, and no person will be allowed to vote at said city election who has not been duly registered according to the provisions of this act; it shall be the duty of the city clerk to designate the ward in which each elector resides at the time of registration; no elector shall vote at any other ward in the city but that wherein he resides; it shall be the duty of the city clerk to cause to be published and posted in front of the City Hall at two o'clock, the day preceding the election, a list of the registered voters of said city; it shall be the duty of the city clerk to furnish to each of the ward managers a printed certified copy of the registered voters of the city of Macon the evening before the election. Registrat'n of voters. List of registered voters to be published. Sec. 15. All laws and parts of laws militating against this act are hereby repealed. Approved September 30, 1870.

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(No. 144.) An Act to incorporate the town of Montezuma, in the county of Macon, and to provide for an election of Mayor and Aldermen for the same. Section 1. Be it enacted , That, from and after the passage of this act, the citizens of Montezuma, and those residing within its corporate limits, hereafter to be defined, and all other persons removing to, residing and sojourning in the same, shall be subject to the laws hereinafter to be enacted, and such laws or ordinances as the officers hereinafter named may see proper to enact, pass and promulgate for the government of said town, the same not being in conflict with the laws of this State, its Constitution, or the laws or Constitution of the United States. Who are subject to the corporate laws. Sec. 2. That the corporate limits of said town shall extend one-half mile in every direction from the Southwestern Railroad depot: Provided , That this section shall not be so construed as to subject the corporation hereinafter named to the liability of keeping the bridge now erected over Beaver Creek, within said corporate limits, in repair, further than any extreme exigency of occasion may require. Corporate limits. Proviso. Sec. 3. That said corporation shall be known by the name and style of the Mayor and Aldermen of the town of Montezuma, shall have a corporate seal, and shall perform and execute all corporate acts by said name and seal. Style. Sec. 4. That John P. McCall, G. C. Carmichael, James M. Harrison, J. E. Devaughn and William W. McLendon, are hereby appointed and constituted commissioners with full powerafter taking and subscribing the following oath, viz: I do solemnly swear, or affirm, that I will perform the duties as commissioners, truly and faithfully, as required of me by the provisions of this act, and for the benefit and interest of said corporationto prepare, draft and codify a system of by-laws, ordinances and regulations for the government of the town aforesaid; that said commissioners, within thirty days after the passage of this act, shall order an election by giving ten days' notice of said election for Mayor and four Aldermen, who shall constitute the Town Council of Montezuma. Commissioners. Oath. Election of May or and Aldermen. Sec. 5. That after the performance of the duties required of the commissioners, as prescribed in section four of this act, their term of office shall expire. Term of office. Sec. 6. That the Mayor and Aldermen, after being sworn in office, shall, when sitting as a Town Council, have the power to alter, amend or pass any act or ordinance that a majority of them shall deem [proper] for the interest and welfare of the town. Powers of. Sec. 7. That the election recited in section four of this act shall be managed by a Justice of the Peace or Notary Public and two freeholders, and all subsequent elections, annually to be held in the same manner, and at such time as may be designated in the ordinances of corporation; electors at such elections shall possess

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all the qualifications as are now required by the laws and Constitution of this State, and shall have resided within the corporate limits of said town thirty days, and shall be subject to all the pains and penalties prescribed by the laws of this State for illegal voting. Electionhow managed. Electoral qualificat'ns Sec. 8. That the said Town Council shall have the right and power to assess, levy and collect such taxes upon all property, real and personal, within the corporate jurisdiction of said town, as may, in their judgment, be necessary, not to exceed fifty per cent. on the State tax, excluding all property devoted to agricultural, educational and religious purposes. Levy tax. Limit on. Sec. 9. That all persons residing within the limits of said corporation shall be exempt from road duty outside of the same. Exemption from road duty. Sec. 10. That all laws or parts of laws militating against this act be, and are hereby, repealed. Approved October 12, 1870. (No. 145.) An Act to incorporate the town of Norcross, in the county of Gwinnett, and for other purposes. Section 1. Be it enacted, etc. , That John Thrasher, Jesse Thrasher, Gorman T. Robinson and Stephen T. McElroy be, and they are hereby, appointed commissioners of Norcross, in Gwinnett county, Georgia, with power and authority to make such by-laws for the government of said town of Norcross 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. Commissioners. Powers of. Sec. 2. Be it further enacted , That the said town of Norcross is hereby incorporated, and the incorporation shall extend from the depot on the Georgia Air-Line Railroad in every direction three-fourths of a mile, the boundary to be laid off square with the above mentioned depot as the center. Extent of incorporation. Sec. 3. Be it further enacted , That the commissioners herein named and appointed shall hold their appointments until the first Saturday in January, 1871, when an election shall be held in said town of Norcross, superintended in the same manner as an election for Justice of the Peace, for five commissioners, and all persons entitled to vote for members of the General Assembly, who have resided within the limits of said town of Norcross during ten days preceding the election, shall be entitled to vote for said commissioners, and said commissioners shall be elected annually thereafter in like manner. Term of office.

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Sec. 4. Be it further enacted , 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, 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 and other officers to be appointed. Oath of. Sec. 5. Be it further enacted , 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 Norcross, as they may think proper; shall have power to levy a tax on real and personal property within the limits of the said town of Norcross, 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 for taxing ten-pin alleys, billiard tables, and other establishments calculated to encourage idleness; shows or exhibitions in said town performing for the purpose of gain, also itinerant traders within the limits of said town, and shall have power to regulate or prohibit the sale of spirituous liquors or other intoxicating drinks within the limits of said town of Norcross: Provided , That persons selling such liquors under a license from said commissioners shall not be exempt from also purchasing like licenses from the county authorities; said commissioners shall 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 said town; they shall also have power to punish offenders against their by-laws by fine and imprisonment: Provided , Such fine 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 do road duty, and who reside within the limits of the incorporation, to work on the streets of said town of Norcross, for a term not to exceed fifteen days in any one year. Meetingwhen and where held. May levy tax. Proviso. May tax what. Proviso. Punish offendershow. Sec. 6. Be it further enacted , That the 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. Certain officers must give bond. Sec. 7. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 26, 1870.

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(No. 146.) An Act to amend an act to incorporate the town of Palmetto, in the county of Campbell, and to appoint commissioners for the same, and for other purposes therein named, approved February 18, 1854. Section 1. Be it enacted, etc. , That, from and after the passage of this act, so much of section first of the foregoing act as constitutes and appoints Willis P. Menefee, Samuel Swanson, James J. Beall, Reuben Melsaps and John M. Edwards, commissioners be, and the same is hereby repealed, and the following names substituted in lieu thereof: S. P. Wellborn, E. R. Thornton, J. W. Thomas, W. H. Morgan and A. J. Smith. Certain act repealed. Sec. 2. Be it further enacted , That wherever in the foregoing act the words free white appear, the same shall be stricken out, and the following proviso shall come in after section third: Provided , They shall have resided within said corporate limits ten days immediately preceding the election. Words `free white' stricken out Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 147.) An Act to incorporate the town of Preston, in the county of Webster, and appoint commissioners for the same, and for other purposes. Section 1. Be it enacted, etc. , That, from and after the passage of this act, J. J. Chappell, J. W. Bell, J. W. Clements, Jephtha Whorton and W. B. Stallings, and their successors in office, shall be, and are hereby, made commissioners of the town of Preston, the county site of Webster county, and shall be known by the name and style of commissioners of the town of Preston, and by such, their corporate name, shall sue and be sued, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall have and use a common seal, and shall be capable in law to purchase, hold, receive, enjoy, possess and retain to them and their successors in office, for the use and benefit of said town of Preston, in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of what kind soever within the limits of said town, and sell a lien, exchange or release the same, or any part thereof, in any way whatever; and the said commissioners, or their successors in office, shall have full power and authority to pass all by-laws and ordinances respecting the streets of said town; to open, improve or lay out the same respecting public buildings, work-houses, public houses, pumps, wells,

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care of the poor, suppression of disorderly houses and every by-law, regulation or ordinance that shall appear necessary and proper to them, for the security, welfare and interest of said town, or preserving the peace, health, morals and good government of the same: Provided , Such rules, by-laws and ordinances are not repugnant to the Constitution and laws of this State. Corporators Style. Powers of commissioners enumerated. Sec. 2. Be it further enacted , That said board of commissioners are hereby authorized to appoint a clerk, treasurer and marshal of said town of Preston, and that the fees and salaries of said officers are to be fixed and regulated by the by-laws and ordinances of said commissioners. May appoint other officers. Sec. 3. Be it further enacted , That said commissioners, marshal, clerk and treasurer shall continue in office until the first Saturday in January, 1872, on which day, and on the first Saturday in January annually thereafter, the citizens of said town, living within the limits of the same, who shall be entitled to vote for members of the General Assembly, shall assemble at the court-house, or some other convenient place in said town, and by ballot elect five commissioners, who shall continue in office for one year, and until their successors are elected and qualified, and in the event that there shall be no election held at the time and place pointed out in this act, the commissioners in office are hereby empowered to order an election for commissioners, marshal and treasurer, and also for any vacancies that may occur by death, resignation or otherwise. Term of office. Annual electionfor what held. Sec. 4. Be it further enacted , That the aforesaid commissioners, or their successors in office, shall, at the first regular meeting after the election or organization, proceed to elect by ballot, or otherwise, a clerk and marshal to the board of commissioners, who shall continue in office until a new election for town commissioners is held, unless otherwise removed by said board of commissioners. Certain officers elected. Sec. 5. Be it further enacted , That before any of the commissioners, marshal, clerk or treasurer elected under the provisions of this act shall enter upon the duties of their respective offices, they shall take and subscribe before some Justice of the Peace, or Ordinary of the county of Webster, an oath or affidavit faithfully to discharge the official duties of their respective offices to the utmost of their abilities during their continuance in office, and said marshal and treasurer shall give bond and security to said town commissioners, for the faithful discharge of their official duties, in such sum as said commissioners shall by their by-laws direct. Official oath Who give bond. Sec. 6. Be it further enacted , That a majority of said commissioners shall, in all cases, constitute a quorum to transact any and all business, and each commissioner shall, to all intents and purposes, be a Justice of the Peace, so far as to enable them, or any one of them, to issue warrants for the violation of the penal laws of this State within the corporate limits of said town, which warrant shall be executed by the town marshal, and to commit to the jail of Webster county, or admit to bail, offenders for their appearacce at the next term of the Superior Court therefor, and it

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shall be the duty of the jailor of said county to receive all such persons so committed and safely keep them until discharged by due course of law. Quorum. Commissioners ex officio J. P. Jurisdiction Sec. 7. Be it further enacted , That all persons living within the corporate limits of said town shall be exempt from road duty without the limits of said town, but that the said commissioners shall have power and authority to call out each and every male person within the limits of said corporation, subject to road duty according to the laws now in force in this State, or said commissioners shall have power and authority to levy and collect a tax for the purpose of having the roads and streets kept in good order which shall be a commutation for road and street duty. Exemption from road duty. Street or road tax. Sec. 8. Be it further enacted , That the limits and boundaries of said corporation of the town of Preston be so extended on the west side of said corporation as to include in its boundaries the residence of G. W. Davenport, and on the east side that of the residence of W. B. Stallings, and in all other respects they be the same as prescribed in an act passed by the General Assembly of Georgia and assented to December 22, 1857. Corporate limits. Sec. 9. Be it further enacted , That said commissioners shall have full power and authority, by order, to authorize said town marshal to remove all pests and nuisances within the corporate limits of said town, and, in the discharge of any of his official acts, to call and summon to his aid and assistance any and all persons, in the same manner as Sheriffs are authorized to do by the laws of this State, and especially to require the said town marshal to prosecute, before the Superior Court of Webster county, all offenders, for a violation of the penal laws of this State, within the corporate limits of said town; and said commissioners shall have power to make all contracts which they shall deem necessary for the welfare of said town; to levy a tax, not exceeding fifty per centum on the State tax, on all persons and property within the corporate limits of said town, subject to taxation by the laws of this State, which tax shall be collected by the town marshal, who shall act as receiver of said town, which tax shall be collected at such time and in such manner as said commissioners shall direct in their by-laws, and shall pay over to the treasurer of said town, on or before the first day of December in each and every year. The commissioners shall also have power and authority to enforce such fines, not exceeding twenty-five dollars, for a violation of any or all the by-laws and ordinances of said town, within the corporate limits of the same; and the payment of all fines imposed shall be enforced in the same manner as is hereinafter provided for the collection of taxes. Removal of nuisanceshow done. Sec. 10. Be it further enacted , That when any person or persons, having property within the corporate limits of said town, shall fail, refuse or neglect to pay the taxes imposed according to this act, the clerk of said board of commissioners shall issue execution for the same, which execution shall be signed by said clerk and bear test in the name of one of the commissioners, and be

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directed to said marshal, commanding him to levy on the goods, lands, chattels and tenements of the defendant, or so much thereof as shall be sufficient to satisfy the demand and cost, which execution shall bind all property of the defendant from the date thereof, and the said town marshal shall proceed to advertise and sell in such manner as the laws and ordinances of said commissioners shall or may direct. Delinqnent city tax-payers. Paymenthow enforced. Sec. 11. Be it further enacted , That the town treasurer shall keep a book in which he shall make an entry of all money received, and from whom and upon what account it was received, and shall also make an entry of all sums of money paid out, and for what purpose, and shall take receipts for the same, and said book shall be subject to inspection by any and all of said commissioners at any and all times; and all sums of money paid to the treasurer by this act shall be, and they are hereby, directed to be a fund for the exclusive benefit of said town; and it shall be the duty of said marshal and clerk to pay over to said treasurer all moneys coming into their hands, and take his receipt for the same, and the money belonging to said town shall be disbursed only by order of said commissioners. Duties of treasurer. Sec. 12. Be it further enacted , That the said commissioners shall have power to tax all shows and performances for the purpose of gain, all itinerant traders, and they shall have power to enforce the collection of taxes and fines in such manner as they may think proper. Powers over specific taxation. Sec. 13. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 148.) An Act to incorporate the village of Spring Vale, in the county of Randolph, and for other purposes therein mentioned, and to regulate the retail of spirituous liquors in a certain distance of the academy in said village. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the inhabitants of the village of Spring Vale, in the county of Randolph, be, and they are hereby, declared to be a body corporate, invested with all the rights, privileges and powers usually conferred upon such bodies, and that the limits of said village shall be one-half mile in every direction from the academy in said village. Corporators. Powers. Sec. 2. Be it further enacted , That James A. Roper, Russell B. Jordan, John E. Wade, James P. Lyle and W. B. Johnson, are hereby declared commissioners of said village, who shall hold

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their office until the second Monday in December, 1870, and until their successors are elected and qualified. Commissioners. Term of office. Sec. 3 Be it further enacted , That on the second Monday in December, 1870, it shall be the duty of the citizens of said village, qualified to vote for members of the General Assembly, to elect five commissioners, who shall hold their offices until the second Monday in December next thereafter, and until their successors shall be elected and qualified, and so on for each succeeding year; said commissioners shall organize by electing a chairman and secretary out of their members, who shall serve in said capacity during the term of office of said commissioners. Election for commissioners. Sec. 4. Be it further enacted , That said election may be held by any two freeholders of said village, to be appointed by said commissioners, and said freeholders or judges of election having been qualified by oath, shall give certificates of election to the five candidates, who shall have received the highest number of votes, and the chairman of the retiring board shall immediately, or so soon thereafter as possible, swear them into office, turning over to them at the same time all the books, papers, funds or other property belonging to the body corporate. Electionhow held. Sec. 5. Be it further enacted , That said commissioners shall have power to appoint a marshal for said village, and to pass and enforce any ordinances which they may deem proper for the preservation of the order, peace, prosperity, health and comfort of said village, or that the interest of the schools and institutions of learning within its corporate limits may in their judgment demand, the same not being repugnant to the Constitution and laws of this State, or the United States; said marshal shall have power to suppress all disorder, and to arrest those engaged in making it, and for this purpose shall be empowered to summon a posse of the citizens when necessary to aid him in so doing, and bring such offenders before the commissioners, who shall have power to enforce their judgments by fine or imprisonment within such prison as may be erected in said village, or in the common jail of said county of Randolph: Provided , Said fine shall not exceed the sum of fifty dollars, and such imprisonment shall not exceed ten days; and it is hereby made the duty of said jailor of said county to receive any person committed to his custody by witness from said commissioners, or a majority of them, and to keep him in safe custody, until discharged by lawful authority, and for which services he shall be allowed the usual fees now allowed by law. Appoint marshal, and other powers. Sec. 6. Be it further enacted , That, from and after the passage of this act, no spirituous or intoxicating liquors of any kind shall be sold within the limits of said village by any person other than for medical, mechanical or religious purposes, without first obtaining a license from the board of commissioners of said village, to sell and retail spirituous liquors therein, which board is hereby authorized and empowered to issue said license on such terms as they may prescribe: Provided , That said board shall not be allowed to charge a higher rate for such license than the rate of five hundred

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dollars for each year's license, and every person violating the provisions of this section shall be subject and liable to all the pains and liabilities subject now by law to be implicated [inflicted] upon persons who may retail spirituous liquors without license within this State. Sale of spirituous liquors. Sec. 7. Be it further enacted , That no person shall under any pretense furnish any minor or any student with any kind or quality of spirituous or intoxicating liquors, unless said minor shall have a written order therefor from his parent or guardian, or unless said student shall have a written order therefor from one of his instructors, and all persons violating this section shall be indicted for misdemeanor in the Superior Court of said county, and each offender who may be tried and convicted of such offense shall be fined in a sum of not less than fifty dollars, nor more than one hundred dollars, or imprisonment in the common jail of said county, at the discretion of the court. Minors may not be furnished spirituous drinks. Violatorshow punished. Sec. 8. Be it further enacted , That all laws and parts of laws militating against the provisions of this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 149.) An Act to amend an act incorporating the town of Thomaston, in the county of Upson, approved March 19, 1869. Section 1. Be it enacted , That, from and after the passage of this act, the charter of the town of Thomaston 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 amended. Sec. 2. Be it 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 ordinances of the said corporation: Provided , That said fine shall at no time exceed the sum of twenty dollars, and that the term of imprisonment shall not exceed twenty days. Commissioners may fine. Proviso. Sec. 3. Be it enacted , That 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 in said town as they may think proper. Powers over taxation. Sec. 4. Be it enacted , That said board of commissioners shall have power to pass such ordinances as they may think proper to

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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 or by imprisonment. As to ordinances. Sec. 5. Be it enacted , That the said commissioners shall have power, by their clerk, to issue executions to enforce the payment of all taxes, fines or debts due to said corporation in their corporate capacity, bearing test in the name of their chairman, and be directed to the marshal, whose duty it shall be to levy said execution on any property belonging to the defendants that may be found in the corporate limits of said town. May enforce by execution. Sec. 6. Be it enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 27, 1870. F. act amendedsee acts of 1869, p. 94. (No. 150.) An Act to be entitled an act to incorporate the town of Van Wert, in the county of Polk, and for other purposes therein mentioned. Section 1. The General Assembly of the State of Georgia do enact , That John R. Scurry, H. W. Allen, S. B. Pearce, Charles T. Parker and Rufus P. Heslip be, and they are hereby, appointed commissioners of the town of Van Wert, in Polk county, Georgia, with power and authority to make such by-laws for the government of said town 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 Their powers. Sec. 2. Be it further enacted by the authority aforesaid , That the said town of Van Wert is hereby incorporated, and the limits of the incorporation shall extend from the old court-house in every direction five hundred yards. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid , That the commissioners herein named and appointed shall hold their appointments till the first Saturday in January, 1871, when an election shall be held in said town, superintended in the same manner as an election for Justice 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 during the ten days preceding the election, or may hold freehold property within the incorporate limits of said town, shall be entitled to vote for said commissioners; and said commissioners shall be elected annually thereafter in like manner. Commissioners. Term of office. Eligibility of voters. Sec. 4. Be it further enacted by the authority aforesaid , That the commissioners so appointed or elected shall, as soon as convenient

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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. Appointment of President and other officers. Sec. 5. Be it further enacted by the authority aforesaid , That the said president and commissioners, or a majority of them, shall hold their meetings at such times and places, within said town of Van Wert, as they may think proper; shall have power to levy a tax on real and personal property within the limits of said town, and for the benefit thereof, (provided said tax shall not exceed fifty per cent. on the State tax.) They may pass rules and regulations for taxing ten-pin alleys, billiard tables and other establishments calculated to encourage idleness; or shows, in said town of Van Wert, performing for the purpose of gain; and itinerant traders within the limits of said town; and shall have full power to tax and regulate the sale of spirituous liquors and other intoxicating drinks within the limits of said town of Van Wert; (provided, 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 nuisance, and for the promotion of peace and good order, and shall have full power to remove all obstructions from the streets of said town of Van Wert, according to the old original survey of said town; 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 Van Wert for a time of not exceeding five days in one year. Powers of President and board enumerated Sec. 6. Be it further enacted by the authority aforesaid , 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 said commissioners may deem just and proper. Marshal give bond. Sec. 7. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 18, 1870.

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III.INSURANCE COMPANIES. No. Act. 151. Georgia Mutual Fire Life Insurance Company. 152. Georgia Mutual Insurance Company. No. Act. 153. Home Fire Marine Insurance Company. 154. Policy-holders' Life Tontine Assurance Company. (No. 151.) An Act to amend an act approved October 10, 1868, and entitled an act to charter the Georgia Mutual Fire Life Insurance Company, and amendments thereto . Section 1. Be it enacted, etc. , That, from and after the passage of this act, the corporate name of the Georgia Mutual Fire Life Insurance Company shall be The Planters' Banking Company. Sec. 2. Be it enacted, etc. , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 152.) An Act to incorporate an Insurance Company in the city of Savannah, to be called The Georgia Mutual Insurance Company. Section 1. The General Assembly of Georgia do enact , That there shall be established in the city of Savannah an insurance company, the capital stock of which shall be five hundred thousand dollars, but which may be increased to one million, if the interest of the company requires it, to be divided into shares of one hundred dollars each, but said company may organize and go into operation as soon as one hundred thousand dollars have been subscribed and paid in in cash. Capit'l stock Shares. Sec. 2. Be it further enacted , That J. W. Lathrop, H. Roberts, George L. Cope, A. S. Hartridge, James H. Johnston, J. C. Rowland, George W. Anderson, Jr., A. M. Sloan, W. W. Gordon, A. P. Wetter, W. W. Kirkland, A. J. Brady, R. J. Davant, H. H. Colquit, T. Arkwright and M. Lovell, be, and are hereby, created a body corporate, with their associates and successors, under the name of The Georgia Mutual Insurance Company, and by that name they may have, purchase, receive, possess, enjoy, retain and sell property of all kinds, sue and be sued, plead and be impleaded, have and use a common seal, with power to alter and change the

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same at pleasure, and may make such by-laws, rules and regulations as may be deemed necessary to carry into effect the objects of this corporation. Corporators Style. Powers and privileges. Sec. 3. Be it further enacted , That said corporation shall be managed by a board of directors, not less than five in number, each of whom shall be a stockholder, and that a majority of said board shall constitute a quorum for the transaction of business; as soon as one hundred thousand dollars is subscribed and paid in, the corporators shall call a meeting of stockholders for the election of the first board of directors, each stockholder being entitled to one vote for each share of stock held by him, and a majority of votes constituting a choice; the election for directors, after the first election, shall be held annually on the third Monday in September, and the directors shall hold office until their successors are chosen; they shall elect a president, who shall serve for twelve months, or until his successor is elected, and by, and with the advice and consent of the president, appoint such other officers and agents as they may consider necessary; a vacancy in the board of directors can only be filled by the stockholders, after due notice of the time and place of election; absent stockholders may vote by proxy. How managed. Quorum. Votes. Election of directorswhen held. President. Other officers. Sec. 4. Be it further enacted , That the said company shall have authority to insure against losses by fire on all kinds of property, either real, personal or mixed; also to make insurance on lives, and all and every insurance appertaining to the duration of life, for such premiums as it may determine, and to make insurance against all the hazards of ocean or inland navigation and transportation of every kind; and said company shall be liable to make good and pay to the several persons who may insure in said company for the losses they may sustain, or for life insurance in accordance only with the terms of the contract or policy issued by them, and no policy or other contract of said company shall be binding, except it be signed by the president or vice-president, and secretary or actuary of the company; and said company shall have power to receive money on deposit; to loan and borrow money; to take and give such securities therefor as may be considered best; to invest its moneys in such manner as may be advisable, and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and do all other acts it may deem proper for the safe keeping and secure investment of its funds; and said company shall have power and authority to make reinsurances in other companies of any risks or parts of risks that may be taken by them. May issuehow and on what. Policy signed by President. Deposits, loans, etc. Powers generally. Sec. 5. Be it further enacted , That the said president and directors shall have power to appoint and remove at pleasure all officers or agents of the corporation; to appoint agents at such places as they may deem best; to prescribe their duties, and to take bonds from them for the faithful performance of the same; further, that said president and directors shall have power, from time to time, to call for the payment of the unpaid stock in such sums as they may deem proper, and upon the neglect or refusal of any

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stockholder to pay the installments as called for by the board of directors, said board may proceed to sell such stock at public outcry, ten days' notice being given in one or more of the city papers; and said delinquent stockholders shall still remain liable for any balance due, or which may become due by him to said corporation, and may be sued therefor in any court having competent jurisdiction; and said president and directors shall have power to make dividends, and fix the place and define the manner of paying the dividends, paying interest and transferring stock; and shall also have the power to give the holders of the policies of said company the right to participate in the net profits of the company to such an extent, in such manner, and on such terms as they shall deem proper. Officershow appointed and removed. Payment of stock. Stock may be sold. Liability of delinquents Sec. 6. Be it further enacted , That the said company shall be responsible to its creditors to the extent of its property, and the stockholders shall be liable, in proportion to the amounts of their respective stock, for the debts of the company. Company's liability. Sec. 7. Be it further enacted , That all claims for losses against said company shall be due and payable in sixty days after proof of loss has been furnished at the office of the company, and in disputed cases, in ten days after final decision by the proper tribunal. Claims againstwhen due. Sec. 8. Be it further enacted , That all bills, bonds and promisory notes, made payable at the office of said company, shall have the same legal effect, and may be subject to all legal remedies, the same as if made payable at any bank in this State. Effect of bonds, etc. Sec. 9. Be it further enacted , That this charter shall continue and be in full force and effect for the term of thirty years, and that the president and secretary of said company shall make to the Governor, under oath, semi-annual returns, showing the true and full condition of its affairs. Duration of charter. Returns to Governor. Sec. 10. Be it further enacted , That all laws and parts of laws containing anything contrary to this charter be, and the same are hereby, repealed. Approved October 28, 1870. (No. 153.) An Act to incorporate an insurance company in the city of Columbus, to be called the Home Fire and Marine Insurance Company, of Columbus, Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That there shall be established, in the city of Columbus, an insurance company, the capital stock of which shall be two hundred thousand dollars, to be divided into shares of one hundred dollars each. Insurance company. Capit'l stock

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Sec. 2. Be it further enacted , That A. W. Brannon, Thomas E. Blanchard, William A. McDougald, Samuel Cherry, C. C. Humber, Joseph G. Blount, W. L. Redd, J. Henry Harrison and William D. Chipley, or any person whom they may associate with themselves, are hereby appointed commissioners, whose duty it shall be, after advertising in one or more of the city papers of the time and place of subscribing, at any time before the 1st January, 1873, to open in the city of Columbus a book, and receive subscriptions for stock in said company, which book shall be by them kept open until the sum of twenty-five thousand dollars of stock is subscribed for. Commissioners. When to open subscription books. Sec. 3. Be it further enacted , That those who shall become subscribers for said stock as above mentioned, their successors and assigns, shall be, and they are hereby, created and made a body politic, by the name and style of the Home Fire and Marine Insurance Company, of Columbus, Georgia, and by that name shall be, and are hereby, made capable in law to have, purchase, receive, possess, enjoy and retain and sell property of all kinds, to sue and be sued; to make and use a common seal, and break, alter and renew same at pleasure; to ordain, establish and put in execution such by-laws, rules and regulations as shall seem necessary and convenient for the government of said corporation, not contrary to the laws and Constitution of this State and the United States, and generally to do all acts and things as shall appertain to, or be necessary for, the carrying into effect the objects and purposes of said corporation. Corporation Style. General powers. Sec. 4. Be it further enacted , That said commissioners shall, immediately after as much as twenty-five thousand dollars of the stock of said corporation shall have been subscribed for and paid in, call a meeting of the stockholders, and they, the stockholders, shall proceed to organize said corporation by the election of not less than five, or more than seven directors, a majority of whom shall constitute a quorum, and the said directors shall elect one of their number as president, after which said commissioners shall turn over said books of subscription to said president and directors, and said president and directors shall annually, after the year 1871, call a meeting on first Monday in February, first giving thirty days' notice through the city press, at which time the stockholders shall elect directors for the ensuing year, and the directors shall elect a president. Election of directors. Quorum. President. Turn over books. Annual electionwhen and where held. Sec. 5. Be it further enacted , That the directors and president shall be elected from the stockholders in said company; and further, there shall be one vote for each share, and absent stockholders may vote by proxy. Votes. Sec. 6. Be it further enacted , That said president and directors shall have power to appoint and remove at pleasure all officers or agents of said corporation; to prescribe their duties; take from them bonds for the faithful performance thereof; to fill any vacancies that may occur in their board, and appoint a president pro tem. in absence of the president; and further, that said president

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and directors shall have power, from time to time, to call for the payment of the unpaid stock in such sums as they may deem proper, and said stock shall be considered and held as personal property; and upon the neglect or refusal of any stockholder to pay the installment on his or her stock, as called for by the president and directors, then and upon ten days' notice being given in one or more of the city papers, said board may sell said stock at public outcry, and said delinquent stockholder shall still remain liable for any balance due, or which may become due by them to said corporation, and may be sued therefor in any court having jurisdiction; and said president and directors shall have further power to make dividends and fix the place and define the manner of paying the dividends, paying interest and transferring stock; and said president and directors shall also have the power to give the holders of the policies of said corporation the right to participate in the net profits of the corporation to such extent, in such manner and upon such terms as they may deem proper. May appoint agencies, etc. President pro tem. Call in payments. Failing in payment of installmentsthe same enforcedhow. Sec. 7. Be it further enacted , That said corporation shall have authority to insure against loss by fire in all kinds of property, either real, personal or mixed, or choses in action; also against all the hazards of ocean or inland navigation or transportation of every kind, for such premiums as it may determine, and said corporation shall be liable to make good and pay to the several persons who may insure in said incorporation for the loss they may sustain in accordance only with the terms of the contract or policy issued by said corporation, and no policy or contract shall be binding, except it be signed by the president and directors of said corporation; and said corporation shall have power to receive money on deposit; to borrow money and negotiate loans upon such commissions as may be agreed upon: Provided , The rate of interest on loans shall not exceed the rate now prescribed by law; to take and give such securities therefor as may be considered best; to invest its moneys and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and to do all other acts it may deem advisable for the safe keeping and secure investment of its funds: Provided , That nothing herein contained shall be construed to authorize said corporation to make any note or bill to circulate as a bank bill, or issue any security to be circulated as money; and it is further enacted that said corporation shall have power and authority to make reinsurance of any risk that may be taken by them. May insurehow. Policyhow binding. Proviso. Proviso. May reinsure. Sec. 8. Be it further enacted , That said corporation shall be responsible to its creditors to the extent of its property, and the stockholders shall be liable to its creditors to the extent of the amount of their respective stock not paid up. Liability. Sec. 9. Be it further enacted , That this [Illegible Text] and all the privileges and powers herein granted, shall continue in force for the term of thirty years from the date of its passage. Duration. Sec. 10. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 25, 1870.

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(No. 154.) An Act to incorporate the Policyholders' Life Tontine Assurance Company of the South. Section 1. Be it enacted, etc. , That J. F. Gilmer, William Duncan, John Screven, John R. Dillard, Robert Mure, William C. Bee, John Schuag, John L. Hardee, Francis Muir, Andrew Simonds, George W. Williams, E. Nye Hutchinson, J. Harry Wilson, John R. Dukes, L. D. Mowry, William G. Wilden, A. S. Johnson, William K. Ryan, James R. Pringle, George H. Moffett, William McBurney, George E. Boggs, James Conner, E. P. Alexander, James P. Byce, J. M. Daws, J. L. Grant and McNaught, and all other persons who may associate with them, shall be a body politic and corporate, by the name of the Policyholders' Life Tontine Assurance Company of the South, and by that name shall have succession of officers and members, [sue] and be sued, plead and be impleaded, in any court whatever, and may exercise all such corporate powers and franchises as are hereinafter provided. Corporators. Style. Succession. Sec. 2. Be it further enacted by the authority aforesaid , That the business of said company shall be to make insurance upon the lives of individuals and every insurance appertaining thereto or connected therewith, and to grant, purchase or dispose of annuities; the insurance business of the company shall be conducted on the mutual plan; the premiums on all policies issued by the company shall be paid in cash. For any omission to pay any premiums due to the company after the payment of one or more annual premium or premiums, or for any other violation of the conditions of any policy after said payment, (save and except those against fraud or attempted fraud hereinafter provided for,) the party insured may be required to surrender his or her policy to the company to be cancelled, and in lieu thereof shall be entitled to receive, in cash or its equivalent in insurance, the surrender-value thereof at the time the premium became due and is not paid, or at any time when, for any other cause, the policy may be required to be surrendered as aforesaid. In lieu of cash the trustees may, at their own option, issue a temporary policy of insurance for such a term as the said surrender-value, considered as a net single premium may purchase, and the said term shall be determined according to the age of the party at the time of the lapse of the premium, or at the time when for other causes the policy may be required to be surrendered, and the assumption of mortality and rate of interest upon which premium or premiums paid were based. For any violation of the conditions of a policy designed to protect the company against fraud or attempted fraud, the trustees may forfeit the policy and may apply all the previous payments to the use and benefit of the company. The principal office for the transaction of the business of the company, together with branches and agencies thereof, may be established by the trustees in any place they may select. Business of the compa'y How conducted. Premiumshow paid. Policy to be cancelledreceive cash in lieu. Trustees may issue temporary policy. Violation of a policy. It may be forfeited. Principal office of Co.

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Sec. 3. Be it further enacted , That the corporate powers and franchises of the company hereby created shall be vested in a board of trustees, and shall be exercised by them, and by such officers and agents as they may appoint and from time to time empower. The board of trustees shall consist of not less than thirty-six persons, and no one shall be a trustee who is not a policyholder in the company. The board of trustees may, previous to any annual election of trustees, and after giving notice at a previous meeting of the board provide for diminishing the number of trustees to not less than twenty-four, in which case one-fourth of the whole number, as thus diminished, shall be elected annually, and in the same manner as is hereinafter provided in regard to the thirty-six trustees above provided for, and the same powers and franchises shall vest in said board, thus diminished, as were previously vested in the board of thirty-six trustees. The persons named in the first section of this act, together with such other persons as they may select, shall constitute the first board of trustees. They shall divide themselves by lot into four classes of one-fourth of the whole number each. The term of the first class shall expire at the end of one year from the first Tuesday in March, one thousand eight hundred and seventy-one; that of the second class shall expire at the end of two years from that time; that of the third class shall expire at the end of three years from that time; that of the fourth class shall expire at the end of four years from that time; so that in each consecutive year after that date the term of one-fourth of the whole number of the board of trustees shall expire. An election shall be held annually, on the first Tuesday in March in each year, to fill the seats of each class made vacant as aforesaid; and the persons elected to fill the same shall hold office for four years, or until their successors shall have been chosen; but any trustee whose term shall have expired shall be eligible for re-election. All elections for trustees shall be by ballot, and a plurality of votes shall elect. In the event of a failure to elect trustees on the day appointed for that purpose, the remaining trustees, whose terms of office shall not have expired, shall have power to fill said vacancies, and also to fill all vacancies that may occur by death, resignation or removal from the State. Fourteen days previous, notice of each annual election shall be given in two or more of the newspapers published in the State of Georgia, and in two or more published in the State of North Carolina, and in two or more published in the State of South Carolina. Three life policyholders in the company shall be appointed by the trustees, managers, to hold and declare said elections; and at any election for trustees, each policyholder shall be entitled to one vote for his or her own policy, and one vote for each policy he or she may hold on the life or lives of others, which may be cast personally or by proxy. The trustees shall have power and authority to declare, by by-laws, what number of trustees, not less than seven, shall constitute a quorum for the transaction of business. They shall also have power and authority to make all by-laws,

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rules and regulations, not repugnant to the Constitution and laws of the State, for the government of the officers and agents of the company, and for the management of its affairs, and the same to alter, amend or repeal at pleasure. They may delegate power to a committee, or committees, of their own number to transact any of the business of the company, except the signing and issuing of policies of insurance or annuity and the payment of losses, which shall be done only by the president and secretary, or, in their absence, by such person or persons as may be appointed for that purpose by the board of trustees. They may adopt and keep a common seal for the company, and the same may alter at will. They may determine the rate of premium to be charged, and the amounts to be issued on any one life, and the terms of such insurance; and shall have power to purchase, for the benefit of the company, any policy or policies of insurances, dividends or other obligations of the company; but no officer, trustee or agent of the company shall be personally, directly or indirectly interested in any purchase. The board of trustees shall, immediately after the organization of the company, and afterwards, at the first meeting of the board after each annual election for trustees, elect from their own number a president, and may elect also vice-presidents, who shall respectively hold office for the term of one year and until their successors shall be elected. The trustees shall have power to elect or appoint a secretary, and such other officers, agents and employees as they shall deem requisite and necessary for properly conducting the business of the company, who shall hold office during the pleasure of the board. They may appoint a president and vice-president pro tempore , as occasion may require. The president shall call special meetings of the board of trustees, whenever requested in writing so to do by seven members of the board. The officers of the company shall, within ninety days from the expiration of the period of five years from the thirty-first day of December, one thousand eight hundred and sixty-nine, and within ninety days after the expiration of every subsequent period of five years, cause a balance to be struck of the affairs of the company, which shall exhibit its assets and liabilities, both present and contingent, and also the net surplus after deducting a sufficient amount to cover all outstanding risks and obligations. Each policyholder shall be credited with an equitable share of the said surplus; such equitable share shall, at the option of the policyholder, be paid in cash, or be applied to the purchase of an additional amount of insurance payable at death, or with the policy itself expressing the reversionary value of such equitable share at such rate of interest as the trustees may designate; or shall be applied to the purchase of an annuity, at such rate of interest as the trustees shall designate, to be applied to the reduction of his or her future premiums. In the event of death, the amount standing to the credit of the party insured at the last preceding quinquennial balance as aforesaid, shall be paid over to the person entitled to receive the same,

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and the portion of surplus equitably belonging to him or her at the next subsequent quinquennial balance shall also be paid when the same shall have been ascertained and declared; but nothing herein contained shall prevent the trustees from causing to be ascertained and paid with the policy, such (if any equitable share belonging thereto.) The officers of the company shall, at the quinquennial period aforesaid, cause a general balance statement of the affairs of the company to be made, which shall be open to the inspection of the policyholders for sixty days, during the usual hours of business. The said statement shall show the amounts received during the preceding five years for premiums, interests, and annuities, and also the amounts paid during the same time for losses, expenses, etc., and the balance remaining in the treasury, together with the manner in which the surplus is invested. Corporate powers in whom vested. Number of trustees who may be Number of may be diminished. Board diminished powers remain the same. First board. Divide into four classes. Expiration of 1st class. Of 2d class. Of 3d class. Of 4th class. Annual election. Eligible to re-election. Elections by ballot. Failure to elect. Vacancieshow filled. Managers of election. Votes cast personally or by proxy. Powers of trustees. Quorum. May delegate power to commissioners. Other powers of board Elect president and vice-president. Appoint a secretary and other officers. Term of office. Special meetings. Balance to be struckhow. Policy-holders' credit. In event of death of policy-holder. Sec. 4. Be it further enacted by the authority aforesaid , That the fiscal year of the company shall terminate on the thirty-first day of December in each year, and it shall be the duty of the president or vice-president, and secretary or actuary, or a committee of the trustees of the company, within sixty days thereafter, to prepare and file with the Comptroller-General of Georgia a statement made under oath, showing the assets and liabilities of the company; said statement shall be examined and compared with the books of the company by three or more policyholders, and its correctness certified to by them to the best of their knowledge and belief. Fiscal yearwhen ends Must file with Comp.-Gen.what. Sec. 5. Be it further enacted by the authority aforesaid , That the trustees may invest the funds of the company, or accumulations of money in bonds secured by mortgage or unincumbered real estate worth, exclusive of the exemption from levy and sale contained in an act entitled an act to determine and perpetuate the homestead, approved October 3, 1868, one hundred per centum more than the amount agreed to be loaned thereon, or in stocks and bonds of the United States, or this State, or of other States of the United States, or of cities incorporated therein, or in first mortgage bonds of railroad companies when such bonds are yielding and paying an interest on the par value thereof of not less than five per centum per annum; they may loan money on the hypothecation of such stocks and bonds as the aforesaid, on such terms and conditions as they may from time to time determine, and may change all the aforesaid investments and reinvest as often as they may think proper. Funds of companyhow inves'd Sec. 6. Be it further enacted by the authority aforesaid , That it shall not be lawful for the company to purchase, hold or convey real estate, except for the purposes and in the manner following, to-wit: First. Such as may be required for its immediate accommodation in the transaction of its business. Second. Such as may have been mortgaged to it in good faith by way of security for loans previously contracted, or for money due. Third. Such as may have been conveyed to it in satisfaction of debts previously contracted. Fourth. Such as may have been purchased at sales

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upon judgments, decrees of foreclosures of mortgages obtained and made for such debts; and all such real estate as may be acquired as aforesaid, and which shall not be necessary for the accommodation of the company in the convenient transaction of its business, shall be sold and disposed of within five years after the company shall have acquired title thereto, unless the company shall procure a certificate from the Comptroller-General that the interest of the company will suffer materially by a forced sale thereof, in which event the time for the sale may be extended to such time as the said Comptroller-General shall direct. What company may purchase, hold, etc. Sec. 7. Be it further enacted by the authority aforesaid , That all policyholders shall be members of the company, but no member, except officers and agents thereof, shall be personally liable for any loss or losses of the company, and such officers and agents severally shall only be liable for the loss or losses arising by reason of their own respective neglect or misconduct. Who are members of company. Sec. 8. Be it further enacted by the authority aforesaid , That suits at law may be maintained by the company against any of its members for any cause relating to the business of the company; also suits at law may be prosecuted and maintained by any member against the company for loss or losses by death or on the maturity of a term policy, if payment is withheld for more than two months after the proof of loss or losses, or claim has been submitted to the company. Suits maintained by company vs. member. By member vs. company Sec. 9. Be it further enacted by the authority aforesaid , That this company shall have authority to insure for any married woman by herself and in her own name, or in the name of a third party, with his assent as her trustee, for her sole use and benefit, her own life or the life of her husband, or the life or lives of her child or children, for any definite period, or for the full term of her, his or their natural life or lives; and in the event of the policy or policies on his or their life or lives being for a definite period or term of years, the sum or sums, or net-amount due and payable by the terms of the policy or policies, shall be payable to her or her trustee, to and for her own use, free from the control or use of husband or any of his creditors, either for the amount of said policy or any of the premiums paid therefor; and in the event of the insurance being for the term of her, his or their natural life or lives, and of her surviving her husband or child or children, the sum or sums payable by the terms of the policies shall be payable to her or her trustee to and for her sole use and benefit, free from the claims of the legal representatives of her husband or any of his creditors. The amount of the insurance provided for in this section, as aforesaid, may be made payable in the event of the death of the wife before the definite period at which the term of years policy on her life would become due if she had lived, and before the period at which the insurance on her husband's life, or on her child or children's life or lives, becomes due, to her husband or to her or her child or children (if of age) for the use of said child or children, as shall be provided for in the policy or policies of insurance, or to the guardian of the said child or children if under age. For whom company may insurehow. To whom payable. May be made payable before a definite periodwhen.

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Sec. 10. Be it further enacted by the authority aforesaid , That no policy of insurance shall be issued by this company until application shall have been made for insurance, amounting in the aggregate to one million of dollars: Provided, however , That no policy is issued by said company until said company is possessed of assets in cash and bonds, and stocks amounting to one hundred thousand dollars. When policy shall be issued. Proviso. Sec. 11. Be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. IV.MANUFACTURING COMPANIES. No. Act. 155. Alabama Georgia Manufacturing Company. 156. Central Georgia Agricultural Manufacturing Company. 157. Commercial Gaslight Company. 158. Contractors' Association. 159. Cotton States' Fertilizing Company. 160. Cuthbert Manufacturing Co. 161. Dalton Tripoli Company. 162. East Point Jug Factory. 163. Elgin Slate Company. 164. Empire Slate Works. 165. Gaslight Company (city) of Atlanta. 166. Georgia Agricultural Manufacturing Works. No. Act. 167. Macon Canal Manufacturing Company. 168. Nation'l Emigration, Improvement Manufacturing Company. 169. Oglethorpe Manufacturing Company. 170. Polk County Mining Iron Manufacturing Company. 171. Potterville Manufacturing Company. 172. Pulaski Manufacturing Company. 173. Rome Iron Manufacturing Company. 174. Shoal Creek Manufacturing Company. 175. Tatum Iron Coal Mining and Manufacturing Company. (No. 155.) An Act to amend an act entitled an act to incorporate the Alabama Georgia Manufacturing Company, approved March 21, 1866. Section 1. The General Assembly do enact , That section eleven of the above recited act be amended by adding after the word La-Grange, or West Point. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870.

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(No. 156.) An Act to incorporate the Central Georgia Agricultural Manufacturing Company, and for other purposes. Section 1. Be it enacted , That L. N. Whittle, J. C. McBurney, Samuel J. Gustin, Henry J. Lamar and John S. Schofield, of the county of Bibb; William R. Brown, J. G. Brown, J. W. Wimberly and Samuel P. Salter, of the county of Houston; L. M. Felton, of the county of Macon, and O. A. Lochrane, of the county of Fulton, and their associates and successors, are hereby incorporated and constituted a body corporate and politic, under the name and style of the Georgia Agricultural Manufactcring Company, and in that name shall be capable in law of purchasing and holding all such property, real, personal or mixed, and exercising all the powers, facilities, franchises and rights necessary for holding an agricultural fair in the neighborhood of Macon, Georgia, upon the grounds known as the laboratory property; and also for the manufacture of cotton and woolen goods in the buildings thereon, and to carry out the uses of said property, held and owned by the said parties for general agricultural and manufacturing purposes, and may by such name sue and be sued in any of the courts of this State; may use a common seal, and generally do any other act, not in conflict with the Constitution and laws of this State, necessary to promote the interests of their legitimate business. Corporators Style. Franchises and duties. Sec. 2. That the capital stock of said company shall be one hundred thousand dollars, with the right to increase the same by a vote of the stockholders to five hundred thousand dollars. Capit'l stock Sec. 3. 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 in all elections each share of stock shall entitle the holder to one vote, which may be cast in person or by proxy, and all other officers shall be provided for by the by-laws. Said board shall be elected annually, and shall continue in office until their successors are elected and installed; they shall fix the compensation of officers; fill all vacancies; remove all officers found to be incompetent, and shall 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 or shares thereof in default of payment after thirty days' notice is given, and such sale shall be final and valid, and such defaulting subscriber 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, to execute any deed of mortgage as security for the fulfillment of any contract of the company, and they may, for the purpose of holding a fair, offer premiums and do whatever they may agree upon as the best for the general interest; and the president so chosen is hereby authorized to appoint a discreet and proper person with assistance, who shall

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police said grounds, arresting all disorderly and riotous persons, and generally to keep the peace within the enclosure, and with authority to said persons so appointed to prohibt gaming and crime within the enclosure. Affairshow managed. President. Vote. Board electedwhen. Compensation of officers. Installment Forfeiture of shares. Board may execute deed of mortgage. Offer premiums. President's authority. Sec. 4. Be it further enacted by the General Assembly , That the said board of directors may sell, lease, rent out and convey all or any part of the building known as the laboratory buildings, near the city of Macon, for manufacturing purposes, and may issue stock certificates for the factory, separate from the interest and affairs of such fair, and may erect suitable machinery and do a manufacturing business of wool and cotton. May sell certain property. Sec. 5. Be it further enacted by the General Assembly , That all the rights and privileges granted to the Atlanta Acid Fertilizing Company to manufacture sulphuric and other acids and fertilizers be, and the same are hereby, conferred and extended to the Central Georgia Agricultural Manufacturing Company, in as far as relates to the manufacturing of acids and fertilizers. Certain rights of another Co. conferred upon this. Sec. 6. Repeals conflicting laws. Approved September 19, 1870. (No. 157.) An Act to incorporate the Commercial Gaslight Company of Savannah. Section 1. The Senate and House of Representatives of the State of Georgia, in General Assembly convened, do enact, and it is hereby enacted by the authority of the same , That C. K. Osgood, A. N. Wilson, G. J. Taggart, L. Lilienthal, Henry Blun and Jacob Kohn, and their associates, successors and assigns, be, and they are hereby, declared to be a body corporate and politic in deed and in law, by the name and style of the Commercial Gaslight Company of Savannah, and as such shall have power to adopt, make and use a common seal, and the same at their pleasure to alter and renew; to make and execute such by-laws, rules and regulations, not repugnant to the laws of the land, as they may deem necessary or convenient for the government of the corporation; to have perpetual succession of members and officers conformably to such rules and regulations; to sue and be sued, plead and be impleaded in any court of law or equity; to purchase, receive and hold lands, tenements, goods and chattels, and the same to sell, convey and assign, and generally to have, exercise and enjoy all such rights and privileges, and be subject to all such liabilities as are incident to bodies politic and corporate. Corporators Style. Powers. Succession. Liabilities. Sec. 2. Be it further enacted, etc. , That the said corporation shall have full power and authority to make, manufacture and sell gas

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or other light materials, to be made of coal and rosin or other substances, for lighting the streets, public and private buildings and other places in the city of Savannah, and shall be, and is hereby, authorized and empowered to lay down in any and all the streets, lanes, avenues, alleys, squares and public grounds of said city, gaspipes and other apparatus for conducting gas through the same, and to erect therein such gas or lamp-posts, burners, lamps and reflectors, as may be necessary or convenient: Provided , That the public thoroughfares shall at no time be unnecessarily interrupted or impeded by the laying down or erection thereof, and that the said streets, lanes, avenues, alleys, squares and public grounds shall not be thereby injured, but shall be left in as good state and condition as they were before the laying down of said pipes, conductors or other aparatus, and the erection of said lamp or gasposts. Business. Sec. 3. Be it further enacted , That the said corporation shall have power to raise by subscription a capital of four hundred thousand dollars, with the privilege of increasing the same to six hundred thousand dollars, the same to be divided into shares of one hundred dollars each, and to be transferable only on the transfer-book of the company, and until such transfer is regularly made thereon, shall be held bound and liable for all debts due and owing to the corporation by the holder thereof, and by order of the directors, in conformity to such by-laws as the stockholders shall adopt in relation thereto, may be sold at public auction for the purpose of paying any debt or debts due by the individual stockholders to the company, they accounting to such stockholders for any surplus of the proceeds of such sales remaining after the payment of such debt or debts. Capit'l stock Shares. Liability of company. Sec. 4. Be it further enacted , That the affairs of said corporation shall be managed by a board of five directors, to be elected annually on such day as may be fixed by the by-laws of the company, of whom one shall be elected to preside over the board to be known as president of said corporation, and that all elections of directors and in all meetings of the stockholders each stockholder shall be entitled to one vote for each share of stock standing in his or her name, and said stock may be represented by the attorney or proxy of the stockholder. How managed. President. Votes. Sec. 5. Be it further enacted , That if at any time an election of directors should not take place on the day appointed by the by-laws, the corporation shall not be dissolved for that cause, but the directors previously elected shall continue to exercise, as heretofore, the functions of their offices as such until others are elected in conformity to the by-laws. Directors shall hold overwhen. Sec. 6. Be it further enacted , That if any person or persons shall willfully do or cause to be done any act or acts whereby to injure any pipe, conductor, meter-machine, or other thing whatever, appertaining to the works of said company, whereby the same may be stopped, obstructed or injured, the person or persons so offending shall be considered guilty of, and may be indicted for, a misdemeanor,

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and being thereof duly convicted, shall be punished by a fine not exceeding two hundred dollars, or by imprisonment in the common jail not exceeding sixty days, or by both fine and imprisonment, and such criminal prosecution shall in no wise impair the right of action for damages which the said company is hereby authorized to institute in any court having cognizance and jurisdiction of the same. Persons injuring works guilty of misdemeanor. Penalty for. Civil action also. Sec. 7. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 158.) An Act to incorporate the Contractors' Association . Section 1. Be it enacted, etc. That Duff Green, Charles P. Gordon, William P. Chester, Benjamin E. Green and Matthew R. Bonner, and such other persons as they may associate with them, and the owners of the shares herein authorized to be issued, be, and they are hereby, made a body politic and corporate under the name and style of The Contractors' Association, and under that name may purchase, have, hold, possess and acquire by any lawful means any estate, real and personal, and the same may use, let, lease, sell, mortgage, transfer and convey, and may sue and be sued, plead and be impleaded, contract and be contracted with and have, possess and enjoy all the rights, powers, franchises and privileges which are or may be necessary or proper for them to have, use, possess, exercise and enjoy, to enable them as a company to manufacture iron and steel, and any and every other article and commodity whatsoever; and also to contract for the construction of houses, bridges, railroads, canals and any other work and improvement, public or private; and to do and perform whatsoever may be proper for them to do in furtherance of their contracts so made, and to enable them to make their labor available in the proper development of their property, and the fulfillment of their contracts. Corporators Style. May sue. Rights, powers, etc. Purposes. Sec. 2. Be it further enacted , That the capital stock of the company shall consist of shares of ten dollars each, and when fifty thousand dollars shall have been subscribed and the payment satisfactorily secured, the subscribers, in person or by proxy, may organize the company by the election of five or more directors, and the directors for the time being may, for and in behalf of the company, exercise, have and enjoy all the rights, powers, franchises and privileges which are herein given to the said company, and may make by-laws, rules and regulations for the management of the business and affairs of the company, and may from time to

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time increase the resources of the company by borrowing money on a pledge of their property, or without such pledge, or by new subscription; and the shareholders shall be bound each for himself or herself to pay the sums by them respectively due upon the shares held by them, and the sums thus due or to become due having been paid, such shareholders shall not be liable for any further payment on account of such shares. Capit'l stock Directors. By-laws. May increase, etc. Liable for shares. Sec. 3. Be it further enacted , That the by-laws may prescribe the number of and the manner in which the directors, officers and agents of the company shall be appointed, and may prescribe their terms of service, powers, duties and compensation, and until a further organization is made, the persons named in section first shall be a board of directors, a majority of whom are hereby authorized to act with all the rights, powers, franchises and privileges herein given to the said company. Number of directors, agents, etc. Who compose board of directors. Sec. 4. Be it further enacted , That the said company shall have an office in this State, and the directors from time to time may organize and establish local or branch associations in this State and in other States, and in Europe and elsewhere, and may from time to time enact by-laws and regulations for the management of the business of the local or branch associations, and prescribe the number of their officers and agents and designate their powers, duties and compensation; and the principal association and each local or branch association shall be under the management of directors chosen by the shareholders of such associations respectively, and shall have like powers, franchises and privileges as are herein granted to the principal association, subject to the limitation and restrictions prescribed by the directors of the principal association; and the profits accruing on the business of the several associations shall be divided among the shareholders of the association in which such profits may accrue, in the proportion of the shares held by them respectively in such association; and the principal association and each local or branch association shall be responsible for, and bound to pay, the sums due upon the obligations and contracts by them respectively entered into, but neither the principal association nor any of the local or branch associations shall be liable for or bound to pay the sums due upon the obligations or contracts of any other associations, unless by contract they shall have agreed to become liable therefor. Officeswhere kept. By-laws. Profitshow divided Liabilities. Sec. 5. Be it further enacted , That this act shall take effect and be in force from and after its passage for thirty years, and until it shall thereafter be modified or repealed; and all acts and parts of acts conflicting with the provisions of this act are hereby repealed. Act takes effect-when Approved October 24, 1870.

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(No. 159.) An Act to incorporate the Cotton States' Fertilizing Company at Macon. Whereas, It has become a matter of great importance to planters to procure fertilizers on which they can rely, at reasonable cost, and this can best be done by taking their manufacture into their own hands; and whereas, Methven S. Thompson, of Macon, has already the necessary facilities, and is desirous of forming a company mostly of planters, with sufficient capital to properly carry on the business, whose main works shall be at or near Macon, with a branch or branches wherever the acids and phosphates required shall be most economically manufactured or procured: therefore Preamble. Section 1. Be it enacted, etc. , That the said Methven S. Thompson, and such others as may be associated with him, their successors and assigns, shall be, and they are hereby, constituted a body corporate and politic, by the name and style of the Cotton States' Fertilizing Company, for the purpose of manufacturing fertilizers and vending the same, to continue in existence to them and their successors for the term of thirty years, with power to make such by-laws as shall be deemed necessary for the government of the company; and in its corporate name to make and use a common seal and trade mark, and alter and change the same at pleasure; to sue and be sued, plead and be impleaded in any court whatever having jurisdiction; to hold by purchase, investment or otherwise, lands, tenements, rents, papers, bills, goods, chattels and effects of any kind whatever, the same to sell and dispose of; to contract as shall be agreed in the purchase or sale of the same, and give or take such liens and collaterals as shall be convenient to its customers and satisfactory to the board of directors. Corporators Style. Period of duration. Powers and liabilities. Sec. 2. Be it further enacted , That the capital stock of said company shall be one hundred thousand dollars, and not to exceed five hundred thousand dollars, with the right to increase the same, at the pleasure of the directors, to any extent required by the business of the company; to be divided into shares of one hundred dollars each, nothing but money or manufacturing property to be regarded as a basis of capital stock; the shares to be subscribed and paid for as the board of directors shall prescribe; the stock to be considered as personal property, and shall be transferred only on the books of the company in person or by attorney. Capit'l stock May increase. Shares. How subscribed and paid in. Sec. 3. Be it further enacted , That stockholders not having paid for their shares, according to the terms of subscription, shall be liable to the company or its creditors to the amount remaining unpaid. Delinquent subscribers. Sec. 4. Be it further enacted , That such five members of the company, as shall be duly elected at the organization, shall constitute the board of directors, who shall choose the president from among

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themselves, and appoint such other officers as they may deem proper, and fix their salaries; shall hold their places for a year, or until others are elected and qualified in their stead, and a majority shall constitute a quorum for the transaction of business. Board of directors, president and other officers. Sec. 5. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 160.) An Act to legalize and make valid the organization of the Cuthbert Manufacturing Company, and for other purposes therein . Whereas, Under an act approved 10th of March, 1866, entitled an act to incorporate the Cuthbert Manufacturing Company, the capital stock of said company was fixed at one hundred thousand dollars, upon which ten per cent. was to be paid upon commencing business; and whereas, said company commenced business and has expended a large amount of money, and has been for several years in operation; and whereas, doubts have arisen as to whether or not the said act was fully complied with in the subscription of one hundred thousand dollars, and the payment of ten per cent. before business was commenced; and whereas, the stockholders have acquiesced in the organization for several years; and whereas, it is important that all questions of doubt be put to rest, for remedy whereof Preamble. Section 1. Be it enacted, etc. , That the organization of said company be, and the same is hereby, ratified and confirmed, and made valid as fully and completely as if the said one hundred thousand dollars had been subscribed and the ten per cent. required had been paid before said organization. Organizat'n ratified. Sec. 2. Be it further enacted , That said company shall lose none of its rights, privileges or powers by reason of said informal organization, but all of said rights, privileges and powers contained in said original act are hereby reaffirmed and made binding. Former rights extended to this. Sec. 3. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 27, 1870.

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(No. 161.) An Act to incorporate the Dalton Tripoli Company. Section 1. Be it enacted, etc. , That Benjamin Hamilton and Henry Hamilton, and their associates and assigns and successors, be, and they are hereby, created and constituted a body politic and corporate, under the name and style of the Dalton Tripoli Company, with full powers and privileges to and for the purpose of prosecuting, exploring, mining, digging, transporting and selling the mineral rock called tripoli, and manufacturing the various products of the same in this State, on any lands they may acquire by purchase, lease or gift, and by said name and style are hereby made a body capable in law to contract and be contracted with, sue and be sued, plead and be impleaded, answer and be answered unto, unite and prosecute to final judgment, in this State, and in all courts of law and equity; to make, use and have a common seal, and change the same at will, with full power and authority to purchase, lease, receive in donation estates, real, personal or mixed, and to lease, sell, convey and otherwise dispose of the same, and enjoy all the privileges incident to corporations. Corporators Style. Special powers. Sec. 2. The incorporators, in person or by proxy, shall, as soon after the passage of this act as convenient, meet and organize by the election of a board of directors, of not less than three nor more than five in number, who shall have the management and control of the affairs of the company, a majority of whom shall constitute a quorum for the transaction of business, each being a stockholder of at least one share, who, as well as their successors, shall hold their office for one year, and until their successors are elected; said directors shall annually thereafter, by notice given through a newspaper, call for an election by the stockholders of said company, under such regulations as may be fixed by the by-laws of said company; each stockholder shall have one vote for each and every share he or she may own, and the votes may be cast in person or by proxy. Elect board of directors. Powers of. Sec. 3. That the said directors shall elect annually from their number a president and treasurer, and appoint such other officers, agents, clerks, as may be necessary for the interest of the company; the directors shall make such by-laws for the regulation of such corporation as may be necessary for the legitimate transaction of its business. President and other officers. Sec. 4. The principal office of the company shall be kept in the city of Dalton, in which proper books of stock and accounts of business of said company shall at all times be subject to inspection by the stockholders, and they shall annually make a full and complete report of the operations of the company. Principal office. Sec. 5. That the capital stock of said company shall be one thousand dollars, with the privilege to increase it to ten thousand dollars, as a majority of the directors may direct, divided into shares of not less than twenty dollars each. Canit'l stock

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Sec. 6. That subscription to the capital stock of said company may be paid in mining interest, machinery or cash. Subscriptionshow paid in. Sec. 7. Private property, both real and personal, of each respective stockholder shall be held liable for the amount of his, her or their subscribed stock yet unpaid. Liability. Sec. 8. That the corporate property of said company shall be liable to be taxed as other property. Taxation. Sec. 9. That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 162.) An Act to incorporate the East Point Jug Factory. Section 1. Be it enacted, etc. , That Thomas G. Simms, James D. Robinson, J. T. Lumpkin, C. W. Hubner, J. S. Nall, E. P. Howell, Volney Dunning. W. G. Whidby, and such other as may be associated with them, be, and are hereby, constituted a body corporate under the name and style of the East Point Jug Factory Company, and by that name may sue and be sued either in 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, the principal buildings of said company to be located at East Point, in Fulton county. Corporators Name. Sec. 2. Be it further enacted, etc. , That the same powers and privileges to manufacture jugs be granted to this company as are granted in the act incorporating the Atlanta Acid Fertilizing Company to manufacture acids: Provided , That nothing herein shall be construed as exempting any property of said company from taxation in any manner. Certain provisions extended to Proviso. Sec. 3. That all laws and parts of laws militating against this act are hereby repealed. Approved October 25, 1870. (No. 163.) An Act to incorporate the Elgin Slate Company, and for other purposes. Section 1. Be it enacted , That O. A. Lochrane, of the county of Fulton, and his associates, their successors and assigns, be, and they are hereby, constituted a body corporate and politic, by the

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name of the Elgin Slate Company, by which name they are hereby made capable in law to have, hold, purchase, work, sell, mortgage, lease, enjoy and retain to them, their successors and assigns, all property, either real or personal, as may be deemed to the interests of said incorporation, which are the quarrying and manufacturing of slate, and other mining and mineral working in Polk county, in said State. Corporators Style. Powers. Sec. 2. That said corporation, by the title aforesaid, may sue and be sued in any of the courts in this State having jurisdiction; may use and have a common seal, which they may alter at pleasure, and may establish, alter and amend by-laws, rules and regulations as may be deemed proper for the government of said corporation, not in conflict with the constitutional laws of the land. The capital stock of said company shall be one hundred thousand dollars, with the privilege to increase the same to five hundred thousand dollars, by vote of the majority of the stock, the same to be paid in money or real estate, and divided into said [such] number of shares as said corporation may determinesuch shares to be assignable and negotiable under such rules as said corporation may determine. Liabilities. Capital. Maximum. Shares assignable. 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 may require. Officers. Sec. 4. The private property of the stockholders shall be liable after the corporate property is exhausted. Sec. 5. The office of said company shall be located by the stockholders, but may be changed by them on giving thirty days' notice in two papers printed at the seat of government. Company office. Sec. 6. This charter shall continue for thirty years from the date of its passage. Duration. Sec. 7. All laws in conflict herewith are repealed. Approved October 18, 1870. (No. 164.) An Act to incorporate the Empire Slate Works. Section 1. Be it enacted by the General Assembly of the State of Georgia , That Morris Ketchum, J. C. McBurney, J. F. Dever, O. A. Lochrane, and such other persons as may hereafter become associated with them, their successors and assigns, be, and they are hereby, created a body corporate and politic, by the name and style of the Empire Slate Works, by which name they are hereby made capable in law to have, hold, purchase, receive, sell, mortgage, lease, enjoy and retain to them, their successors and assigns,

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lands, tenements and mines of all character, and chattels of any kind, as may be by them deemed advantageous to the objects and interests 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 liabilities. Sec. 2. That said corporation, by its title aforesaid, may sue and be sued 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 of the United States. General powers. Sec. 3. That the capital stock of said company shall be one hundred thousand dollars, with the privilege to increase the same to five hundred thousand dollars, to be paid in money or real estate, and divided into such number of shares as said corporation may determine. Capit'l stock Shares. Sec. 4. That 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. Sec. 5. That the private property of the stockholders shall be liable in proportion to the amonnt of stock subscribed by each. Liability. Sec. 6. That the office of said company shall be located by the stockholders, and may be changed by them upon thirty days' notice published in two newspapers at the seat of government. Office located. Sec. 7. That this charter shall continue for thirty years from the date of its passage. Sec. 8. That all laws and parts of laws in conflict herewith are hereby repealed. Approved October 17, 1870. (No. 165.) An Act to incorporate the City Gaslight Company of Atlanta. Section 1. Be it enacted etc. , That N. J. Hammond, R. P. Zimmerman, Samuel R. McCamy, James McPherson and H. C. Holcombe, and their associates, subscribers to the capital stock of the association intended to be hereby incorporated, and their successors be, and they are hereby, made and declared to be a body corporate and politic in deed and in law, by the name and style of the City Gaslight Company of Atlanta, and as such shall have power to adopt, make and use a common seal, and the same at their pleasure to alter and renew; to make and execute such bylaws, rules and regulations, not repugnant to the laws of the land, as they may deem necessary or convenient for the government of the corporation; to have perpetual succession of members and

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officers conformably to such by-laws, rules and regulations; to sue and be sued, to plead and be impleaded in any court of law or equity; to purchase, receive and hold lands, tenements, goods and chattels, and the same to sell, convey and assign, and generally to have, exercise and enjoy all such rights and privileges, and to be subject to all such liabilities as are incident to bodies politic and corporate. Corporator [Illegible Text] Style. General powers enumerated. Sec. 2. And be it further enacted by the authority aforesaid , That the said corporation shall have full power and authority to make, manufacture and sell gas, to be made of coal, rosin or other materials, for lighting the streets, public and private buildings, and other places in the city of Atlanta, and shall be, and is hereby, authorized and empowered to lay down in any and all of the streets, lanes, avenues, alleys, squares and public grounds of said city, gas-pipes, and other apparatus for conducting gas through the same, and to erect such gas-posts, burners and reflectors as may be necessary or convenient: Provided , That the public thoroughfares shall at no time be unnecessarily interrupted or impeded by the laying down or erectien thereof; and that the said streets, lanes, avenues, alleys, squares and public grounds shall not be thereby injured, but shall be left in as good state and condition as they were before the laying down of said pipes, conductors or other apparatus, and the erection of said posts. Special powers and privileges. Sec. 3. And be it further enacted by the authority aforesaid , That the capital stock of said corporation shall be twenty-five thousand dollars, with the right to increase the same to two hundred and fifty thousand dollars, to be divided into shares of twenty-five dollars each, and be transferable only on the transfer-book of the company, and until such transfer is regularly made thereon, shall be held bound and liable for all debts due and owing to the corporation by the holder thereof, and by order of the directors, in conformity to such by-laws as the stockholders may adopt in relation thereto, may be sold at public auction, for the purpose of paying any debt or debts due by the individual stockholders to the company, they accounting to the stockholder for any surplus of the proceeds of such debt or debts. Capit'l stock Shares. Liability for debts. Sec. 4. And be it further enacted by the authority aforesaid , That the affairs of said corporation shall be managed by a board of five directors, to be elected annually on such day as may be fixed by the by-laws of the company, of whom one shall be elected to preside over the board, to be known as, and to discharge the duties of president of said corporation; and that at all elections of directors, and in all meetings of the stockholders, each stockholder shall be entitled to one vote for each share of stock standing in his or her name, and said stock may be represented by the attorney or proxy of the stockholder. Affairs of Co.how managed. President. Vote. Sec. 5. And be it further enacted by the authority aforesaid , That if at any time an election of directors should not take place on the day appointed by the by-laws, the corporation shall not be dissolved for that cause, but the directors previously elected shall

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continue to exercise as therefore [heretofore] the functions of their office as such until others be elected in conformity to the by-laws. Directors to hold until successors are elected. Sec. 6. And be it further enacted by the authority aforesaid , That if any person or persons shall willfully do or cause to be done any act or acts whereby to injure any pipe, conductor, cock, meter, machine, or other thing whatever appertaining to the gas-works of said company, whereby the same may be stopped, obstructed [or obstructed] or injured, the person or persons so offending shall be considered guilty of, and may be indicted for, a misdemeanor, and being thereof duly convicted shall be punished by fine, not exceeding two hundred dollars, or imprisonment in the common jail not exceeding sixty days, or both fine and imprisonment not exceeding the said sum and time, and such criminal prosecution shall in no wise impair the right of action for damages, which the said company is hereby authorized to institute in any court having cognizance and jurisdiction of the same. Persons injuring pipes guilty of a misdemeanorpenalty Civil action may also be had. Sec. 7. And be it further enacted by the authority aforesaid , That their charter granted by this act shall be and continue of force for thirty years, with the privilege of renewal at the expiration of that time. Duration. Sec. 8. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against the provisions of this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 166.) An Act to incorporate the Georgia Agricultural and Manufacturing Works, and to confer certain privileges on the same. Section 1. Be it enacted, etc. , That O. H. Miller, William R. Brown and H. C. Harris, of the county of Houston, and such others as they may associate with them, are hereby created a body corporate, under the name and style of the Georgia Agricultural and Manufacturing Company, under which name they may sue and be sued, plead and be impleaded, and hold perpetual succession of members. Corporators Style. Powers. Sec. 2. And be it further enacted, etc. , That said company shall have the right to manufacture all kinds of agricultural implements. Their capital stock shall be forty thousand dollars ($40,000 00,) with the privilege of increasing to two hundred thousand dollars, ($200,000 00,) and shall be divided into shares of one hundred dollars ($100 00) each, and they may commence business whenever fifty (50) per cent. of said capital stock shall be actually paid in. Special powers of company. Capit'l stock Shares. Sec. 3. And be it further enacted, etc. , That said stockholders shall be liable to the amount of stock subscribed.

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Sec. 4. And be it further enacted, etc. , That said incorporation shall continue for the term of thirty (30) years. Duration. Sec. 5. And be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 167.) An Act to incorporate the Macon Canal and Manufacturing Company, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact as follows , That William B. Johnson, Asher Ayers, Alexander Bonnell, Lewis N. Whittle, James C. McBurney, John A. Cobb, Samuel J. Gustin, O. A. Lochrane, together with such other persons or incorporators as may become associated with them, and their successors and assigns, are hereby incorporated and made a body corporate, under the name and style of the Macon Canal and Manufacturing Company, whose residence and principal office shall be in the city of Macon, and as such corporation shall have all such rights and powers as are necessary to conduct and carry out the objects and business of said corporation, or such as are legally incident to or attach to a corporation. Corporators Style. Residence and office. General powers. Sec. 2. Said corporation shall have the power to build and construct, keep up and use a canal, with all such dams, locks, machinery of all kinds, and such other structures as they may deem necessary and best, from such point on the Ocmulgee River as they may determine upon, for the purpose of conducting all or any part of the water of said river near to, or to and through the city of Macon, so that the same may be used for the purpose of navigation and propelling mills, manufactories and machinery of all kinds, and watering and cleansing said city, for fire purposes and such other uses and purposes as said corporation may deem best and most to their interest. They may acquire, hold and use all such lands, materials, machinery and other property as may be necessary for the objects of their incorporation, for factories, mills, dams, locks or other structures, which said corporation may deem to erect, or have erected, or to use. Special object of corporation. Sec. 3. The capital stock of said company shall be five hundred thousand dollars, or such other sum as the board of directors may from time to time determine upon. They shall have the right to borrow money, to issue bonds and to dispose of any or all property that may be acquired by them, whether by deed, mortgage, lease, or in such other manner as the board of directors may determine; and said company and its property shall be exempt from all taxation for ten years from the date of the completion of their works, except such taxes as are for educational purposes. Capit'l stock Rights of company. Taxation.

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Sec. 4. And be it further enacted , That the said William B. Johnson, Asher Ayers, Lewis N. Whittle, J. C. McBurney, Alexander Bonnell, Samuel J. Gustin, John A. Cobb and O. A. Lochrane, may open books of subscription for capital stock of said company, in such manner as they may direct or deem best for organizing the said company and conducting the affairs thereof; and the said board of directors shall continue in office until their successors are elected. The stockholders shall have power to make a code of by-laws for the management of the affairs of the company: Provided , The same shall not conflict with the laws of the United States, or the State of Georgia. Commissioners. For what. By-laws. Proviso. Sec. 5. And be it further enacted , That the said shares of capital stock aforesaid shall be deemed personal estate, and be transferable only on the books of the company; and that if the proprietor of any share shall neglect or refuse to pay any installment assessed thereon, for the space of thirty days from the time it was to have been paid, the treasurer of the company may, by order of the board of directors thereof, sell by public auction a sufficient number of any shares held by such defaulter, to pay all installments then due by him, together with all necessary costs and charges, and the treasurer shall give notice in some of the newspapers published in the city of Macon, for two weeks, stating time and place of sale, and of the sum due on each share by said defaulter. The treasurer shall give a bill of sale of the shares so sold to the purchaser thereof, who shall thereupon be entitled to have the same transferred to him on the books of the company, and shall be liable to all future installments on the stock so purchased. Stock deemed personal estate. Failing to pay installment. Penaltyhow enforced. Sec. 6. In case said company cannot agree with the owner or owners as to the price to be paid for the right-of-way, or for the purchase of any lot of land necessary for the erection of any mill, factory, dam, lock, machinery, or any other structure authorized by this charter, the same shall be assessed, determined and condemned to the use of said company by five citizens, freeholders of the county of Bibb, to be appointed by the Judge of the Superior Court, with the right of appeal to either party to the Superior Court. Disagreement as to right-of-way Sec. 7. This corporation shall be responsible to its creditors to the extent of its property; and the stockholders shall only be liable to the amount of the respective stock held by them, and no person shall have the right to erect any mills or factories along the line of said canal without authority from this company. Sec. 8. This act shall be of force from the date of its passage, and continue in force for fifty years from the completion of its works. Sec. 9. All laws or parts of laws militating against this act are hereby repealed. This act became a law by the lapse of five days from its receipt by his Excellency the Governor.

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(No. 168.) An Act to incorporate the National Emigration, Improvement and Manufacturing Company, and for other purposes herein named. Section 1. Be it enacted, etc. , That J. A. Underwood, S. Lenox Treadwell, W. H. Thorp, John D. Mills and Charles R. Abbott, 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 National Emigration, Improvement and Manufacturing Company, with succession, 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, powers and liability. Sec. 2. Be it further enacted , That the capital stock of the said company shall be one million 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 three millions of 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. 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 may be chosen by the stockholders at such time and place as shall be fixed by the by-laws of said company, and shall hold their office for one year and until their successors are elected and installed; 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 or 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. May appoint clerks and other officers. 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, personal and mixed, as they may require for the purpose of aiding emigration, improving water-power, manufacturing and repairing machinery, and each and all and every kind of agricultural implements, or any other articles which they may deem proper, and for transporting the same and disposing thereof in this State or elsewhere; to borrow money, issue evidences of debt and secure the payment of the same by deed of trust, mortgage or other security; 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. Special powers enumerated.

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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 the forfeiture of the stock upon which call shall not be paid in, by suit, or by both measures, under such rules and regulations as the board may prescribe. Further authority. Sec. 6. Be it further enacted , That the individual property of each stockholder shall be liable for the debts of said company to the amounts respectively subscribed and owned by them and not paid in at the time any suit shall have commenced. Liability. Sec. 7. Be it further enacted , That until an election of directors, as hereby provided for, the persons named as corporators 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, 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. First board of directors. Sec. 8. Be it further enacted , That this act take effect on and after its passage. Sec. 9. Repeals conflicting laws. Approved October 25, 1870. (No. 169.) An Act to incorporate the Oglethorpe Manufacturing Company of Flat Rock, Georgia. Section 1. Be it enacted, etc. , That George Christie, Robert M. Clark, John Cook, John J. Brown, William Cook, James Cooke James Rippey, and all such other persons as may hereafter be associated with them, their successors and assigns, shall be, and they are hereby, constituted a body corporate and politic, in the name and style of the Oglethorpe Manufacturing Company of Flat Rock, in DeKalb county, Georgia, for the purpose of manufacturing cotton goods, etc., in this State, and of carrying on the business incident thereto, and by that name they and their successors, shall have succession and continue a body corporate and politic, and shall be capable of contracting and being contracted with, suing, pleading, defending and answering, and being sued, impleaded, defended and answered unto, in all courts and places whatsoever,

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in all manner of actions, suits and complaints, matters and causes whatsoever, and of doing and causing to be done all acts needful for the proper management of the funds and property of said corporation and carrying on the business for which said corporation is created; and they and their successors may acquire, purchase, receive, have, hold and enjoy, and sell or otherwise dispose of such personal or real estate as may be necessary or useful for the said corporation to carry on the manufacturing operations before mentioned: Provided always , That the funds of the said corporation, or any part thereof, shall not be used in banking operations. Corporators Style. Purposes. Succession. Powers generally. Sec. 2. And be it enacted , That the stock, property and concerns of said corporation shall be managed and conducted by five directors, a majority of whom shall be residents of the State of Georgia, and being stockholders, one of whom shall be president, who shall hold their offices for one year, and the said directors shall be chosen on the second Monday in January of every year, at such place and time as shall be directed by the by-laws of the said corporation, and public notice thereof shall be given not less than ten days previously in one or more newspapers having the largest circulation in the county, and each stockholder shall, at such election, be entitled, in person or by proxy, to as many votes as he or she shall hold shares of the capital stock of said corporation, and the persons having or receiving, in such election, the greatest number of votes, and being stockholders, shall be directors, and the directors chosen at one election shall be capable of serving by virtue thereof until another election shall have been had, and the directors so chosen may appoint such officers and superintendents and assign such compensation as they shall think fit, not less than a majority of the whole number of directors being present when the same shall be done, and all vacancies occurring by death, resignation [Illegible Text] otherwise among the directors named in this act, or them hereafter to be chosen, shall be filled by person or persons as the remainder of the directors, for the time being, or a majority of them, shall appoint for the purpose; and that the said George Christie, Robert M. Clark, John Cook, John J. Brown, William Cook, James Cook and James Rippey, jr., and the survivors of them, shall be the first directors of the said corporation, and shall hold their offices until the second Monday in January next, and until others are legally chosen. Managed by directors Qualifications of directorswhen elected. How. Officers appointed. Vacancies. First directors. Term of office. Sec. 3. And be it enacted , That the capital stock of the said corporation shall not exceed the sum of $750,000, which shall be divided into shares of one hundred dollars each; but so soon as fifty-seven thousand dollars of said capital stock shall have been subscribed and paid in, operation may be commenced and business carried on, or any part of it, and with that capital to conduct and carry it on until they shall deem it expedient to extend the same; and it shall be lawful for the directors of said corporation, or a majority of them, from time to time, to call for and demand from the stockholders respectively all such sums of money by them subscribed,

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at such time and in such proportions as they shall deem proper, under pain of forfeiting the unpaid shares of said stockholders, if such payments shall not be made within thirty days after the day fixed for that purpose, by public notice previously published for the space of thirty days, in one or more newspapers printed in said county, designating the proportion of such payment per share, and the time and place, when and where, and the officer to whom the same shall be required to be made. Capit'l stock Shares. When operations may commence. Directors may call in paymentshow. Sec. 4. And be it enacted , That the subscription for said stock shall be opened until the sum required shall be subscribed, or for any number of days not exceeding thirty, under the direction of the board of directors, or such of them as shall be designated by the board for that purpose. Subscript'n opened. Sec. 5. And be it enacted , That the stock and property of said corporation, of whatsoever nature or kind, shall be deemed personal estate, and transferable in such manner as shall be subscribed by the by-laws of said corporation: Provided , That no dividend shall be made to and among the stockholders, except from and out of the actual net profits of said corporation. Stock deemed personal property. Sec. 6. And be it enacted , That in case it should at any time happen that an election should not be made upon the day designated by this act for that purpose, the said corporation shall not for that cause be deemed to be dissolved, but it shall be lawful to hold such an election on such other days as shall be prescribed by the by-laws of said corporation. Officers shall hold until successors are qualified. Sec. 7. And be it enacted , That a majority of directors, for the time being, shall form a board for transacting the business of said corporation, and shall have power to make and enforce such by-laws and regulations as they shall deem expedient for the government, management and disposition of the stock, effects, profits and concerns of the said corporation: Provided , That the same are not contrary to the Constitution or laws of the United States, or of this State. Board for transacting business. Sec. 8. And be it enacted , That the directors shall at all times keep, or cause to be kept, proper books in which shall be regularly entered all the transactions and business of the said corporation; and further, that no transfer of stock shall be valid or effectual until such transfer shall be entered or registered in the book or books to be kept by the president and directors for that purpose. Shall keep general entry book. Sec. 9. And be it enacted , That the said corporation may be dissolved at and by a general meeting of the stockholders specially summoned for that purpose: Provided , Each stockholder shall be personally liable for the debts of the company in proportion to the amount of stock subscribed or held by him or her; that at least three-fourths, in value of the stockholders, shall be present or represented therein; and upon such dissolution, the directors for the time being, and the survivors or survivor of them shall be trustees for settling all the affairs of the said corporation, disposing of its effects, recovering its claims and paying its debts; and in the payment of such debts, preference shall in all cases be made

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in favor of the employees of said corporation, and dividing the surplus among the stockholders in proportion to their respective interests in the stock, unless the stockholders at such general meeting shall appoint other persons, not less than three nor more than five in number, for such purpose, in which case the persons so appointed and the survivors or survivor of them shall be trustees for the purpose as aforesaid. Corporationhow dissolved. Liability. Sec. 10. And be it enacted , That this act shall, unless the corporation be dissolved as above provided for, continue in force for the term of twenty years from the time of its passage; Provided, nevertheless , That the Legislature reserve the right to alter or amend this act whenever the public good may require it. Duration. Proviso. Sec. 11. And be it enacted , That this act shall take effect immediately. Takes effect Sec. 12. That all laws and parts of laws militating against this act be, and they are hereby, repealed. Approved October 28, 1870. (No. 170.) An Act to incorporate the Polk County Mining and Iron Manufacturing Company, and for other purposes. Section 1. Be it enacted, etc. , That Wiley C. Barber and F. M. Ford, 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 Polk County Iron Manufacturing Company, and by that name shall be, and are hereby, made able and capable in law to have, hold, receive, purchase, possess and enjoy, to them and their successors, all real and personal estate of whatever kind and amount said corporation may deem necessary, to carry all the objects of said corporation into effect, and may sell, grant or convey, or otherwise dispose of the same, and may sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts having competent jurisdiction; to make, use and have a common seal, and alter and renew the same at pleasure, and to do all other acts incident to a body corporate and politic. Corporators Style. Corporate powers and liabilities. Seal. Sec. 2. That the object of said corporation shall be the mining of any kind of mineral, and the manufacture of iron, and rolling and making the same into any and all articles into which iron is manufactured, or such branches or parts thereof as they may see proper to engage in. Objects of. Sec. 3. That said corporation shall have power to borrow money on mortgage or other security, and to loan out its surplus in the same manner, and to establish such by-laws, rules and regulations

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as they may deem necessary and expedient to carry into effect the object of the company: Provided , Such by-laws shall not be inconsistent with the laws of this State or of the United States. May borrow money. Proviso. Sec. 4. That the said body corporate shall have the power to prescribe the number of shares into which the capital stock of said company [shall] be divided, the mode in which it shall be taken, paid, transferred and assigned, and also to provide the mode by which stockholders may vote and the number of votes to which each share shall be entitled, and the rules adopted shall be uniform, equally securing the rights of each stockholder, and also to provide for the election of such officers as may be necessary for the government and management of the affairs of said corporation, and also to ordain such rules and regulations, with respect to stockholders who refuse to pay up any balance on their stock, as will compel them to pay upon a penalty of forfeiting such stock to said corporation: Provided , That no stockholder shall be liable beyond the amount of his, her or their stock, and the stockholders in said company shall be liable pro rata for the debts of said company to the amount of stock by them respectively held at the time such liability was incurred, and for no greater amount. Shares. Capit'l stock Votes. Election of officers. Rules and regulations. Liabilities of stockholders. Sec. 5. That the capital stock of said corporation shall be fifty thousand dollars, subject to be increased to five hundred thousand dollars. Capit'l stock Sec. 6. That the corporate powers and franchises hereby granted shall continue for thirty years. Duration. Sec. 7. All laws in conflict with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 171.) An Act to incorporate the Potterville Manufacturing Company, in Taylor county, in the State of Georgia. Whereas, G. G. Potter, of Taylor county, Georgia, is owner of a factory there, and is desirous of enlarging the same by the formation of a company: therefore Preamble. Section 1. Be it enacted, etc. , That the said G. G. Potter, Thomas Jolly, J. W. Brown, J. D. Russ, H. Holbrook, G. A. Potter and M. S. Thompson, and such others as may be associated with them, their successors and assigns, shall be, and they are hereby, constituted a body corporate and politic, by the name and style of the Potterville Manufacturing Company, for the purpose of manufacturing cotton, wool or any other material, and dispose of and sell the same, to continue in existence to them and their successors

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for the term of thirty years, with power to make such by-laws as shall be deemed necessary for the government of the company, in its corporate name to make and use a common seal and trade mark, and alter and change the same at pleasure; to sue and be sued, plead and be impleaded in any court whatever having jurisdiction; to hold by purchase, investment or otherwise, lands, tenements, rents, goods, chattels, papers, bills and effects of any kind whatever, the same to sell and dispose of; to contract as may be agreed in the purchase of material, or sale of products, and give or take such liens as shall be satisfactory to the board of directors. Corporators Style. Purposes. Sec. 2. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, ($50,000) with the right to increase the same, at the pleasure of the board of directors, to any extent required by the business of the company, not to exceed five hundred thousand dollars, to be divided into shares of one hundred dollars each; nothing but money or manufacturing property, shall be regarded as a basis of capital stock; the shares to be subscribed and paid for as the board of directors shall prescribe; the stock to be considered as personal property, and shall be transferred only on the books of the company in person or by attorney. Capit'l stock Shares. Stock personal property. Sec. 3. Be it further enacted , That stockholders, not having paid their stock according to the terms of subscription, shall be liable to the company or its creditors to the amount so remaining unpaid. Delinquent stockhold'rs Sec. 4. Be it further enacted , That such five members of the company as shall be duly elected shall constitute a board of directors, who shall choose the president from among themselves, and appoint such other officers as they may deem proper, and fix their salaries; shall hold their places from year to year, or till others are elected and qualified in their stead, and a majority shall constitute a quorum for the transaction of business. Board of directors, President and other officers. Sec. 5. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 18, 1870. (No. 172.) An Act to incorporate The Pulaski Manufacturing Company, of Hawkinsville, Georgia. Whereas, O. C. Horne, J. J. Sparrow, R. F. De Lamar, U. T. Johnson, John H. Pate, James A. Brown, S. W. Mitchell, William Taylor, W. M. Oliver, W. J. Fountain, A. A. Lowe, J. O. Jelks Bro., L. L. Harrell, E. A. Burch, John Abbott, W. W. Ricks and J. A. Thompson, by the firm style and name of the Pulaski Manufacturing Company, did organize on the nineteenth day of July,

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1869, by articles of association, and have actually commenced operations with a capital stock of thirty thousand dollars, not less than seventy-five per cent of which has been paid in and invested in real estate and machinery for the purpose of manufacturing cotton, wool and other fibrous substances, into yarns and cloth, and such other purposes as they may engage in Preamble. Section 1. Be it therefore enacted, etc. , That the stockholders of the Pulaski Manufacturing Company, and such persons as now are, or may hereafter be stockholders, shall be, and are hereby, declared and constituted a body politic and corporate, by the name and style of The Pulaski Manufacturing Company, and by that name, their successors and assigns, shall be in law capable 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 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 fullfill the objects of said corporation; and all deeds and conveyances of property to said corporation, heretofore made, are declared valid and legal. The principal place of business of said company shall be in Hawkinsville, Georgia. Corporation Style. Powers. Sec. 2. Be it further enacted , That the capital stock of said company shall be thirty thousand dollars ($30,000,) and may be increased, from time to time, as said corporation may desire it, to any sum not to exceed one million dollars, divided into shares of one hundred dollars each, transferable in such manner and under such restrictions as the by-laws or rules of said corporation may require or direct. Capit'l stock Maximum shares. Sec. 3. Be it further enacted , That the acts and doings of said company are hereby declared legal and valid, and O. C. Horne, president, and J. J. Sparrow, secretary, of said company, or either of them, or any other two of said stockholders, (in case of the death or absence of the said president or secretary) shall call a meeting of said company in their office, at the factory building, in Hawkinsville, Georgia, within sixty days after the passage of this act, for the purpose of electing a board of seven directors, who shall elect one of their number president. Each of said directors shall be stockholders in said company. The president and board of directors shall have control and management of the business of the company, and have power to appoint a secretary and treasurer, who shall also be a stockholder, and such other officers and agents as may be required to carry out the objects of the corporation. The majority of the stock subscribed being represented at any meeting shall constitute a quorum, and each stockholder shall be entitled to one vote for each share owned by him, her or them. In case of the death, resignation or other removal of the president, the directors shall appoint a president to fill such vacancy, until

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the next annual election, and in case of a vacancy in the board of directors, the same shall be filled by the remaining directors. The president shall be entitled to a vote in all appointments by the directors, but in all ordinary questions under consideration, as presiding office he shall only be entitled to give the deciding vote in case of a tie. President may call meetingwhere. Elect directors. Businesshow managed. Quorum. Votes. Sec. 4. Be it further enacted , That there shall be an annual meeting of said stockholders at such time as they may appoint, for the purpose of electing directors, and for the transaction of such other business as may be for the interest of the company, and in case of failure to hold such annual meeting, and election at the time appointed, the president or directors may call a meeting at any subsequent day, and the old officers and board of directors shall continue to act until their successors are duly elected. Annual meeting of stockhold'rs Sec. 5. Be it further enacted , That said company or directors shall have power to open books of subscription for additional stock, and to call in the capital stock when subscribed, or which has already been subscribed and not yet paid in by such installments as they may think advisable, giving sixty days' notice thereof to the stockholders, by advertising in some newspaper; in case of the non-payment of said installments after sixty days' notice having been given after the same becomes due, said Pulaski Manufacturing Company shall proceed to collect said amount according to law. Subscription books. Penalty for non-payment of stock. Sec. 6. Be it further enacted , That the private property of the stockholders of said company shall not be liable for the debts of said company, only to the amount subscribed by them respectively, and not paid in at the time any suit shall have commenced. Liabilities. Sec. 7. Be it further enacted , That the said Pulaski Manufacturing Company shall have the power to establish such by-laws, rules and regulations as they may deem necessary to carry into effect the objects of the company: Provided , The same shall not be inconsistent with this charter, or the laws of the State of Georgia, or the United States. By-laws. Sec. 8. Be it further enacted , That all laws and parts of laws militating against the provisions of this act be, and the same are hereby, repealed. Approved October 12, 1870.

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(No. 173.) An Act to amend an act entitled 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, approved March 8, 1869. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the above recited act be amended as follows, to-wit: that the said company shall have the right and privilege of increasing their capital stock to three hundred thousand dollars ($300,000.) Capital stock may be increased Sec. 2. Be it further enacted , That said company shall be authorized to borrow money for the purpose of increasing their manufacturing business, or of developing or operating the same, and to effect this end, may secure such loans by mortgaging their corporate propertythe same to be executed by the president and countersigned by the secretary of the board of directors. May borrow money. Sec. 3. Be it further enacted , That said company may consolidate their stock with the stock of the Etna Iron Company, whenever said companies mutually agreed to the consolidation. May consolidate. Sec. 4. Repeals conflicting laws. Approved October 24, 1870. For original act, see acts of 1869p. 123. (No. 174.) An Act to incorporate the Shoal Creek Manufacturing Company, in the county of Hart, State of Georgia. Section 1. Be it enacted, etc. , That Samuel Knox, of the county of Franklin, and Alvin Carnog, of the county of Hart, in said State, their heirs, assigns, and such persons as are now, or may be hereafter, associated with them, shall be, and they are hereby, constituted a body politic and corporate, by the name and style of the Shoal Creek Manufacturing Company, and by that name they, and their assigns and their successors in office, shall be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and tribunals, and places whatsoever, and shall have power to make use of and adopt a common seal, change and alter the same at pleasure; and they and each of their heirs and assigns and successors, by the same manner and style, shall be capable of purchasing, holding and conveying any property and whatever may be necessary and expedient to carry on the business of said manufacturing company. Corporators Style. General powers defined.

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Sec. 2. Be it further enacted , That the capital of said company shall be twenty thousand dollars, ($20,000) with power to increase it to two hundred thousand dollars ($200,000:) Provided , Said company may deem it proper and necessary for carrying on the business of said company successfully. Capit'l stock Sec. 3. Be it further enacted , That the object of said corporation shall be the manufacture of wool and cotton into rolls, thread, cloth or fabrics, the manufacture of meal, flour, lumber, boards, shingles, and wooden ware of all descriptions, leather, and all articles made of leather, and all other goods, wares or machinery, or any part thereof, in which they are now or may hereafter see proper to engage. The business shall be located in the place in which it is now doing business, and shall be known by the name of Shoal Creek Factory, in Hart county, Georgia. Object of corporation. Sec. 4. Be it further enacted , That said corporation shall extend to the boundary line of the land now owned by said company, containing seventy-five acres (75 acres;) that said corporation shall have the power to prescribe the number of shares in said capital, and each share shall be divided into not less than one hundred dollars ($100.) The mode shall be taken, transferred or assigned; and to provide the mode, each holder may vote; the vote shall be uniform, securing the right of each stockholder, and also to provide for the election of such officers and managers as may be necessary for the management and control of the affairs of the corporation, and to ordain, establish and put in operation all such rules and regulations as may be deemed necessary or expedient for the government of said corporation, not contrary to the Constitution and laws Georgia. Boundary line extendedhow. Sec. 5. Be it further enacted , That said corporation shall have power to open and keep open all roads necessary on their own land, to and from said manufactory, so as not to infringe on the rights of other persons without just compensation. They shall also have power to sell and vend all kind of goods, wares, machinery and other articles manufactured by them. May keep open roadshow. Sec. 6. Be it further enacted , That no stockholder shall be liable for more than the amount of stock invested by him, her or them. Liability. Sec. 7. Be it further enacted , That nothing in this act shall be construed so as to prevent the State from taxing the corporate property of said company as other property of this State. Taxation. Sec. 8. Be it further enacted , That all laws and parts of laws conflicting with this act are hereby repealed. Approved October 27, 1870.

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(No. 175.) An Act to incorporate the Tatum Iron Coal Mining and Manufacturing Company, of Dade county. Whereas, Robert H. Tatum, Hugh L. W. Allison, Andrew Brown, Pierce A. Tatum, Joshua Forister and William B. Gray, own and are possessed of extensive and rich beds of iron and coal in the county of Dade, upon which premises is a furnace nearly completed and a rich coal mine opened: therefore, for the purpose of more fully developing the same, and for the purpose of completing said iron furnace and putting the same in operation Preamble: Section 1. Be it enacted, etc. , That Robert H. Tatum, Hugh L. W. Allison, Andrew Brown, Pierce A. Tatum, Joshua Tatum and William B. Gray, with all other persons who may hereafter associate or be interested in said company, be, and they are hereby, incorporated and constituted a body politic, by the name and style of the Tatum Iron Coal Mining and Manufacturing Company, and by that name and style shall be, and they are hereby, made able in law to have, purchase and receive, and to retain to themselves and their successors, lands, rents, tenements, goods, chattels and effects of what kind soever, and the same to sell and dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto; to defend and be defended in courts of record or any other place whatever, and to make, adopt, have and use a common seal, and the same to alter at pleasure; said company may also make and adopt such by-laws as they may deem necessary for their common interest, and provide for the election and installation of such officers and agents to manage, direct and control the affairs of said company as they may deem necessary: Provided , That in the election of said officers and agents, directors, etc., each person interested shall be entitled to vote according to the number of shares owned by him in said corporate property: And provided further , That in all such elections, a majority of the shares shall be represented: And provided further , That such by-laws are not repugnant to the Constitution and laws of this State. Corporators Style. May [Illegible Text]. Sec. 2. And be it further enacted , That the capital stock of said company may be increased from time to time under such rules and regulations as they, or a majority of them, may adopt, so that it does not exceed five hundred thousand dollars, to be divided into shares, and disposed of as the interest of the company may from time to time require. Capit'l [Illegible Text] Shares- Sec. 3. And be it further enacted , That the members of the corporate body may, at any time, sell and convey their interest in the stock and property of said company, both real and personal, under such rules and regulations as may be adopted by said company; and, upon the death of any member of said corporation, his or her interest in the corporate property shall pass to the legal heirs, legatees or representatives of such member, and that such

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purchaser, heir, legatee, or other representative, shall have all the powers and privileges of regular members of said corporation so created by this act. Powers. Sec. 4. And be it further enacted , That said company be, and is hereby, invested with all and singular the rights, powers and authorities, which are necessary to enable it to locate, construct and maintain such railroad or railroads, common road of travel, or other roads of what kind soever that shall be necessary to the successful operation of their works; that they shall have the right-of-way from their mines, or any of them, for either a railroad, plank road, train road, macadamized road, common road of travel, or either of them, across the lands of others. Upon failure to agree with the owners of the lands across which such right-of-way is desirable, to have the value of the right-of-way, and the material to be used in the construction of said railroad, or other road, shall be settled and awarded by three freeholders of the county where the land lies, under the following rules and regulations: one of said freeholders shall be chosen by said company, one by said land owner or owners, and the other appointed by the Ordinary of said county of Dade, which appointment may be made by said Ordinary in vacation; and if the land owner or owners shall fail or refuse, after five days' notice from said company, to appoint such freeholder, then and in that event said Ordinary shall appoint two; said freeholders thus appointed shall be sworn fairly to estimate and award such damages and value, and shall enter upon and view such land, and assess and award the same in writing, the concurrence of any two in an award being sufficient. Said award being thus made, shall be returned to, filed and recorded in the clerk's office of the Superior Court of said county, and the payment or tender of the damages and value thus assessed by said company shall vest in it all the rights contemplated by the several sections of this act: Provided , That if either the company or the land owner or owners shall be dissatisfied with said award, such dissatisfied party may, within ten days after the same is filed in said clerk's office, enter an appeal therefrom, which appeal shall be tried before a special jury, at the next succeeding term of the Superior Court, unless good cause is shown for a continuance: And provided, also , That said company shall have the right, pending such appeal, upon filing in said clerk's office its bond, with ample security, to pay all such damages as may be finally assessed to prosecute its work, and build such railroad or other road through, over and upon the land necessary to be used as aforesaid; that said railroad or railroads commencing at the furnace or furnaces, mine or mines of said company, shall and may run to such point or points in said county of Dade as will enable them to connect the same with any other railroad now constructed, or which may be hereafter constructed in said county. General [Illegible Text]. [Illegible Text]. Right-of-way. Failure to [Illegible Text] with [Illegible Text] as to [Illegible Text], to [Illegible Text] arbitrat-[Illegible Text]how. Duty of [Illegible Text]. Quorum of [Illegible Text]. Payment [Illegible Text] damages. Either party may appeal. How tried. Continu'nce Pending appeal, Co. may proceedhow. Termini of the road. Sec. 5. And be it further enacted , That if said company, in the prosecution of the works contemplated by this act, shall find it necessary to pass over, use and appropriate any lands, the owner

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or owners of which are to them unknown, said company shall have the right to enter upon and use said land; and if the owner or owners should afterwards present their claims for damages, the same shall be assessed as provided in the fourth section of this actsaid freeholders making their award upon the condition of said land, prior to the improvements of said company thereon, and said damages and value shall in no event be enhanced or increased thereby. If necessary Co. may enter vacant lands. When arbitrated. Sec. 6. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. V.MINING COMPANIES. No. Act. 176. Crisson Sluice-washing and Quartz Mining Company. 177. Hightower Company. 178. Drainage of mines. No. Act. 179. Okefenokee and St. Marys Canal, etc. 180. Perseverance Mining Company. 181. Mining for phosphate rocks, etc. (No. 176.) An Act to incorporate the Crisson Sluice-washing and Quartz Mining Company, of Lumpkin county. Section 1. Be it enacted, etc. , That William R. Crisson, Amzi Rudolple, and such other persons as they may associate with them, and their successors and assigns, shall be, and they are hereby, declared, as soon as they shall organize under this act, a body corporate and politic, under the name and style of the Crisson Sluice-washing and Quartz Mining Company, for the purpose of directing and turning Ward's Creek and its branches on lots Nos. 1051 and 1084, twelfth district and 1st section of Lumpkin county, and any and all other lots of land that they may be possessed of, either by purchase or by lease, in said county of Lumpkin, State of Georgia, from their natural channels, by dam or dams, ditch or ditches; to work for gold or other minerals on any lands they now possess, or may become possessed of by purchase or by lease, in said county of Lumpkin, State of Georgia; and by that name may sue or be sued, plead or be impleaded, answer or be answered unto, in any court of law or equity in this State having competent jurisdiction; and shall enjoy perpetual succession of officers and members; may have and use a common

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seal, and alter the same at pleasure; may make, ordain and establish such by-laws, rules and regulations as they may deem expedient and necessary to carry out the object 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. Purposes specified. Sec. 2. Be it further enacted , That the aforesaid company, hereby created, shall, by its corporate name, be capable in law of purchasing, owning, selling and conveying any real or personal estate which may be necessary to enable them, the said corporators, efficiently to carry on the operations mentioned in the first section of this act. Powers. Sec. 3. And be it further enacted , That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing it to one hundred thousand dollars, which capital stock of said company may be divided into such number of shares as may be determined upon by a vote or votes of three-fourths of the stockholders, at a regular meeting of said stockholders, to be ascertained by the rules and by-laws of said companyall parties at interest first having notice of the time and place of such meeting. Capit'l stock Shares. Quorum. By-laws. Sec. 4. And be it further enacted , That said company shall have power and authority to construct through or over any vacant lands, unrepresented by owners, in said county of Lumpkin, their main canals, ditches, flumes or aqueducts, by diverting the streams mentioned in the first section of this act from their natural channel at any point or points as may be necessary for the purpose of running as aforesaid, subject to such damages or compensation to the legal owners of such vacant lands, should non-residents appear and assert their rights as are reasonable and just, to be adjudged of and determined by three freeholders of said county, one chosen by said company, one by the claimant, and the third by the Judge of the Superior Court or Ordinary of said county, and on their judgment being returned, duly certified, to the clerk of the Superior Court of said county of Lumpkin, and said arbitrators are hereby authorized and required to certify and return their said judgment and all the proceedings in the case to the clerk as aforesaid; said clerk shall issue excution against the party cost for all cost and damages, and said execution may be enforced under the same rules and laws that now govern the collection of money by execution in this State, unless the party against whom said arbitrators find shall enter an appeal in said clerk's office within five days from the return and entry of said judgment, which appeal may be entered under the regulations as govern other cases of appeal. Powers enumerated. Damages to ownershow determined. Sec. 5. And be it further enacted , That should any person or persons refuse to grant the right-of-way to said company, or prevent or obstruct the same in any manner, from the successful prosecution of said operations for the development of the mineral resources of any lands adjacent to said stream, said company,

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before exercising the right-of-way, and said person or persons so objecting, shall each choose an abitrator, and the Judge of the Superior Court a third person, who shall all be free holders of said county of Lumpkin, who shall proceed to examine the premises through or over which said company propose to pass, or on which they propose to operate, and said arbitrators shall assess the amount of damages to be paid by said company to such person or persons, for the right and privileges aforesaid, which in all cases shall be paid by said company before they are, or shall be authorized to proceed; should such person or persons refuse to receive such compensation, then said company are authorized to deposit the amount of said damages, and all cost which has accrued, in the aforesaid clerk's office of said county of Lumpkin, and take a certificate from said clerk to that effect, and then proceed with said operation; should each person or persons owning lands aforesaid fail or refuse to choose a freeholder as provided in this section, within five days after being notified so to do, then the said Judge of the Superior Court, or Ordinary, as aforesaid, of said county of Lumpkin, on being satisfied of such failure or refusal, shall, on application of said company, appoint said arbitrator for said delinquent, and said appointment shall bind said delinquent person or persons as effectually as though chosen by him or themselves. Person refusing right-of-way Shall arbitratehow. Damages to be assessed. Co. must pay damages before proceeding. Owner refusing to choose arbitrator Judge Sup'r Court or Ordinary shall do so. Sec. 6. And be it further enacted , That said company, by themselves, their agents or superintendents, or either of them, shall have full power and authority to turn the water from said ditch or ditches by lateral ditches or otherwise, to be used by them for mining purposes, in such manner as they may determine on, any lot or lots that they may have jurisdiction, and to cause such water so turned to flow off and pass over any other lot or lots belonging to any person or persons whomsoever: Provided , That if any person or persons owning or possessing any of said lots over which said lateral ditches shall pass, or over or through which said water or mining tailings so turned should flow, said person or persons shall be entitled to compensation for damages in the same manner as is set forth in the previous section of this act; and be it further enacted, that said company shall have power and authority to divert any running stream of water from its natural course to supply said mine or lateral ditches with water for the purpose aforesaid: Provided , That any person or persons, owners of lots of land on said streams so diverted shall be damaged by said diversion, such person or persons shall be entitled to compensation in the same manner as is set forth in the previous section of this act. Co. may use lateral ditches. May run water over land of others. Co. may divert any stream to supply lateral ditches. Persons so damaged entitled [Illegible Text] compensation. Sec. 7. And be it further enacted , That said company shall keep an office at Dahlonega, in said county, which shall be considered, for all judicial purposes, its location. Office at Dahlonega. Sec. 8. And be it further enacted , That the entering of an appeal on all cases provided for in this act shall in no case prevent the company from proceeding with the work, and opening their aqueducts

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through the lands in question, on depositing with the Clerk of the Superior Court of said county of Lumpkin the sum found by the arbitrators, to be held subject to the final order of the Superior Court of the said county of Lumpkin. Appeal not to operate as supersedeas. Sec. 9. And be it further enacted , That if any person of persons shall willfully and maliciously destroy, or in any manner hurt, damage, injure or obstruct, or shall counsel, aid or assist, or advise any person or persons in any manner to hurt, damage, injure or obstruct said company's ditches, trestle-work, flumes or dams, or any of the appurtenances thereto belonging or appertaining, such person or persons so offending shall be liable to be indicted for a misdemeanor, and on conviction shall be fined and imprisoned, at the discretion of the court. Obstructing or otherwise damaging works a misdemeanor. Penalty. Sec. 10. Repeals conflicting laws. Approved October 27, 1870. (No. 177.) An Act to amend an act to incorporate the Hightower Company, and also to amend an act entitled an act to incorporate the Noontootty Mining and Manufacturing Company. Section 1. Be it enacted, etc. , That the act entitled an act to incorporate the Hightower Company for mining purposes be, and the same is hereby, amended in the last two lines of the tenth section of said act, so as to read, be in full force and effect for the full term of thirty years from this date, and also that the act entitled an act to incorporate the Noontootty Mining and Manufacturing Company, be so amended as to read Noontootly instead of Noontootty, where it occurs in said act. Amendm'nt Sec. 2. Be it further enacted , That all laws or parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 178.) An Act to enable the owners of mines to drain their mines and to carry off the water and tailings of their mines and mining operations through or over the land of others. Whereas, In draining mines and in carrying off the water and tailings from mines and mining operations, it sometimes becomes necessary to cut and open ditches, canals and tunnels, and to construct

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flumes or other aqueducts through or over the lands of persons not interested in such mines and mining operations, in order to drain off, and also to carry away the water and tailings from such mines and mining operations Preamble. Section 1. Be it therefore enacted by the General Assembly of the State of Georgia , That the owner of any mine shall have the right to enter upon any land and to cut and open thereon such ditches, canals and tunnels, or to construct such [Illegible Text] or other aqueducts as may be necessary to drain his mine, or to carry off and drain away the water and tailings of such mine or mining operations: Provided , That the party desiring to cut and open such ditches canals or tunnels, or to construct such flumes or other aqueducts, shall first have the damages assessed arising, or which may arise, to the owner of such land by reason of the cutting and opening of such ditches, canals or tunnels, or the construction of such flumes or other aqueducts; and shall pay the owners of such land the damages which may be assessed in manner hereinafter mentioned. Owner of mines may enter upon lands of othersfor what purpose. Proviso. Assessment of damages. Sec. 2. Be it further enacted , That the owner of the mines who desires the right and privilege of cutting and opening such ditches canals or tunnels, or of constructing such flumes or other aqueducts, shall make his application under, and according to, the provisions of an act of the General Assembly of the State of Georgia, entitled an act to enable owners of mines to draw water from branches, or other head-waters through or over intervening lands, approved October 10, 1868, and all proceedings in relation thereto shall be had, and the damages shall be assessed and paid according to the provisions of the above mentioned act, all the provisions of which said act are hereby extended to the owners of mines desiring to drain their mines, and to carry off the water and tailings from their mines and mining operations through or over the land of others. Application of owners of mines for certain privilegeshow made. Damageshow assessed and paid. Sec. 3. Any person, or company of persons, engaged in working a mine under a lease granted to him or them for that purpose, shall be held and regarded as owner or owners for all the purposes of this act. Lessee of mines regarded as owner. Sec. 4. Repeals conflicting laws. Approved October 24, 1870. (No. 179.) An Act to incorporate the Okefenokee and St. Marys Canal and Drainage Company. Section 1. Be it enacted, etc. , That Virgil Hillyer, Geo. B. Wright, Luther Redfield, H. L. Palmer, Sam'l Fuller, Wm. Richards, V. H. Wright, R. D. Sharpe, W. B. Brightwell, M. S. Durham, W. G.

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Johnson, M. A. Hardin, H. C. Corson, R. M. Parks, W. C. Corson, Ellery Davison, Jas. W. Vaughn, M. D. McArthur, Joseph Shepard, John Rice, J. T. Edmonds, W. P. Rhodes, C. C. Cranc, John T. Hall, G. A. Cunningham, R. H. Brown, Wm. Pool, T. F. Smith, John England, Wm. Sprague, C. M. Davis, John D. Rumph, G. Lastinger, W. H. Dasher, J. C. Smith, J. W. O'Neal, Wm. H. Gleason, M. H. Alberger, L. G. Tillotson, James Ludden and A. C. Osborn, and such other persons as may become associated with them, by becoming stockholders in said company, their successors and assigns, are hereby created, and shall forever be a body politic and corporate, by the name and style of the Okefenokee and St. Marys Canal and Drainage Company, and by such name shall be capable in law to purchase, hold, receive and convey, and quietly enjoy such lands and tenements, goods, chattels, property of every kind, and effects, whatsoever the same may be, and the same to grant, sell, mortgage and convey, and dispose of; to sue and be sued; to plead and be impleaded; to contract and be contracted with; to make a common seal, and at pleasure to alter or break the same; to ordain, establish and put in circulation such by-laws and regulations as may be deemed necessary and expedient for the government of, and for conducting the business of said corporation, not being in conflict with the laws of the United States and the State of Georgia. Corporators Style. Powers and liabilities. Sec. 2. Be it further enacted , That said company shall have the right, and is hereby authorized and empowered, to construct and operate a canal from such point on the St. Marys River as may be determined by a competent engineer, to be appointed by said company, to and through the Okefenokee Swamp, with such lateral branches as may be deemed necessary by said company, to thoroughly drain said swamp; and said company are hereby authorized and empowed to cross railroads and other roads by bridges, viaducts or otherwise, as the interests of trade may demand. Special powers. Sec. 3. Be it further enacted , That the capital stock of said company shall be three million dollars, divided into shares of one hundred dollars each; but said company may, by a vote of two-thirds of its board of directors, increase its capital stock to five millions. Each and every person holding the stock of said company shall be liable for all assessments or installments that may fall due, and if any assessment or installment is not paid when due, the stock upon such assessment or installment shall be liable to forfeiture, if so declared by a vote of the board of directors, thirty days' notice having been given in writing to the holder of said stock. Books of subscription shall be opened within sixty days after the passage of this act, under the charge and supervision of H. L. Hillyer, H. M. Keiser, R. H. Brown, J. M. Colman, and Horatio Jenkins, jr., who are hereby appointed commissioners, or a majority of them who shall act, are hereby authorized and empowered to open books and receive subscriptions to the capital stock of said company: Provided , That said books of subscription

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may be opened and subscriptions made either in the State of Georgia, the State of New York, or elsewhere, as the board of commissioners may determine. Subscriptions may be made to the capital stock of said company in lands, labor or materials, upon such terms as may be agreed upon by the company and the owners. Capit'l stock Shares. Installm'nts Failing to pay, liable to forfeiturehow. Subscriptions made in lands. Sec. 4. Be it further enacted , That when two-thirds of the capital stock is subscribed, notice shall be given in some newspaper published in the State of Georgia and the city of New York that a meeting of the stockholders will be held at the time and place designated in said notice, which place may be in Georgia or New York, for the purpose of electing directors, who shall be chosen from the stockholders of said company. Stockholders shall be entitled to one vote for each share of stock held by them, and stockholders may vote by proxy. A majority of votes cast shall be necessary to constitute a choice of directors. Directors so elected shall, from their own body, choose a president, and in like manner, in each and every year, the directors and president shall be chosen. Election of directorswhen and where held. President. Sec. 5. That the directors, or a majority of them, may make such rules and regulations, and such by-laws, for the payment of stock and all other purposes, as they may deem expedient and proper. Said company, by their electors, may elect and employ all other officers and discharge them at pleasure. Rules. Sec. 6. Be it further enacted , That said company shall have power to select and take, buy, hold or receive as a donation such piece or pieces of land as it may deem necessary for the construction of said canal; and in all cases where a question of the right-of-way arises, or when the said company shall take possession of any timber, land, stone, or other materials for the construction of said canal, or any part thereof, and the parties cannot agree as to the value of the damages, then the owner shall select a man, and the company shall select a man, who shall be a disinterested person, and if the two cannot agree they shall select a third, and the three shall assess the damages to be paid by said company. The men thus selected shall be sworn to take into consideration and account the prospective value of the canal to the lands through or near which it may run, and upon payment or tender of payment, by the said company, of the damages assessed as aforesaid, the fee simple title to such lands, timber, stone or other materials taken shall be vested in said company: Provided , That the right-of-way shall in no case embrace more than three hundred feet in width on each side of said canal, and that its construction shall in no case be hindered or impeded or delayed by reason of any question of damages or unsettled claims; that the directors of said company shall have the right to demand and receive such prices and sums for fare and the transportation of freight, produce and merchandise, as may be fixed by the by-laws of said company. Special powers enumerated. Proviso. Sec. 7. Be it further enacted , That said company are hereby authorized, if it be found necessary for the construction and keeping

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in repair said canal, or its branches, to issue bonds of such denomination and value, and bearing such rates of interest, and payable at such time and place as the board of directors may determine, and such other evidences of indebtedness as the said company may determine; that said company shall begin the construction of said canal within two years after the passage of this act, and complete the same within ten years, and on failure of either of these requisites, this charter, otherwise perpetual, with all the privileges hereby granted, are declared null and void; that no stockholder's property shall be liable for any greater sum than the amount of unpaid stock for which he has subscribed; that this act shall be deemed and held a public act, and the courts of the State shall take judicial notice thereof without special pleading. May issue bonds, upon what conditions. Liability. Sec. 8. Be it further enacted , That the said company are hereby granted, from the lands of the State of Georgia in the Okefenokee Swamp, twenty sections of land per mile, for each and every mile of canal constructed, and his Excellency, the Governor of Georgia, is hereby authorized and directed to issue to said company, or its agents, the patents of the State for such lands as may be due them, or become due by reason of the construction of said canal, and such lands are to be located by said company: Provided , That the lands of said swamp shall be sufficiently drained for culture before the Governor shall issue to said company the patents for said lands, and that no corporator shall subscribe for more than two hundred shares until all the corporators shall have an opportunity for subscribing. Certain lands granted company Proviso. Sec. 9. Be it further enacted , That all laws or parts of laws heretofore enacted, that effect, or are inconsistent with the provisions of this act, are hereby declared inoperative and void, so far as they effect, or are inconsistent with the provisions of this act. Approved October 27, 1870. (No. 180.) An Act to incorporate Perseverance Mining Company, in the county of Paulding, State of Georgia, and for other purposes. Section 1. Be it enacted, etc. , That Jackson T. Jaylor, and such persons as he may associate with him, his successors and as signs, shall be, and they are hereby, declared a body corporate and politic, under the name and style of Perseverance Mining Company; to test, explore and work for gold, silver, lead and other metals and minerals in the county of Paulding, and adjacent counties of the State of Georgia, on any land now owned, or which may hereafter become the property of, or be under the control of said company, by lease or otherwise; and by said corporate name

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may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity having competent jurisdiction; and may have and use a common seal, with the right to alter the same at pleasure; may make, ordain and establish such by-laws, rules and regulations for the management and control of the interests and affairs of said company as may be deemed most expedient: Provided , The same shall not be in conflict with the Constitution and laws of this State, nor the Constitution and laws of the United States. Corporator. Style. Purposes enumerated Proviso. Sec. 2. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing the same, from time to time, to five hundred thousand dollars; that said company shall be capable in law and equity of purchasing, owning, leasing, holding, selling, conveying and releasing any real or personal estate which may be necessary to the objects of the same; that said company shall have power to borrow money on mortgage or other securities, and to loan out its surplus earnings on such securities as the members thereof may direct under their by-laws; also to ordain such rules and regulations, with respect to stockholders who fail or refuse to pay up any balance on their stock, as will compel payment, under penalty of forfeiture of such stock; the stockholders in said company shall be liable pro rata for the debts of said company, to the amount of stock held by them respectively, and for no greater amount. Capit's stock Powers and liabilities. Sec. 3. Be it further enacted , That the said corporator, and such as may be associated with him, may open books of subscription to the capital stock of said company at such times and places as may be deemed most convenient; and that so soon as ten per cent. of said capital stock shall have been subscribed and paid in, the stockholders may meet and elect such officers, for the management of the interests of the company, and ordain such by-laws, rules and regulations, as they may deem proper, except as limited in this act, each share of which shall be in amount fifty dollars, and representing one vote. Said company shall keep an office in the county of Paulding, which shall be, for all judicial purposes, its location, but may open and keep offices in any other county or place, for the convenience and benefit of the said corporation. The rights herein granted shall continue for the period of thirty years from the approval of this act. May open books. When officers may be elected. Vote. Officewhere kept. Sec. 4. All laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870.

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(No. 181.) An Act to grant certain persons therein named, and their associates, the right to dig and mine in the beds of certain navigable streams and waters of the State of Georgia, for phospate rocks and phosphate deposits. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same , That the State of Georgia does hereby give and grant to the following persons, to-wit: Thomas S. Hankinson, R. L. McWhorter, George T. Barnes, D. B. Plumb, James H. McWhorter, Dr. J. S. Wilson, James T. Gardiner, Glenn Wright, and such other persons as they may associate with them, the right to dig, mine, remove, for the full term of twentyone years, from the beds of all navigable rivers or streams in Georgia, east of an air-line running from the city of Augusta, Georgia, by way of the town of Blackshear, Pierce county, to the Florida line, the phosphate rocks and phosphate deposits: Provided , That the persons named and their associates shall not in any way interfere with the free navigation of the navigable streams and waters of the State, or the private rights of any citizen or citizens residing upon or owning the lands upon the banks of the said navigable rivers and waters of the State. Corporators Purposes of duration. Proviso. Sec. 2. Be it further enacted , That this gift and grant is made upon the express condition that said grantees shall pay to the State of Georgia the sum of five per cent. upon the market value of all phosphates exhumed and sold from the said navigable rivers and waters of the State; and further, that said grantees shall pay into the State Treasury the sum of five hundred dollars, as a license fee, before commencing business under this grant. Special tax on phosphates. To whom paid. Sec. 3. Be it further enacted , That before commencing operations under this act, the said grantees and their associates shall file, or cause to be filed, in the office of the Comptroller-General, a bond in the penal sum of fifty thousand dollars, conditioned, that said grantees and their associates shall make true and faithful returns to the Comptroller of the State, annually, on or before the first day of January, and oftener if required by the Comptroller of the State, of the number of tons of phosphate rocks and phosphate deposits dug, mined and removed by them from the beds of the navigable streams and waters of the State; and shall punctually pay to the State Treasury, annually, on the first day of January, 5 per cent. upon the market value of all phosphates exhumed and sold from the said navigable rivers and waters of the State during the year preceding, said bond to be renewed annually and approved by the Attorney-General. The books of the said grantees and their associates shall be open to inspection of the Comptroller of the State, or his agent duly appointed by him for that purpose. Corporators must give bondhow and make returns. Punctual payment of tax. Inspection of books. Sec. 4. Be it further enacted , That nothing contained in this act shall prevent the State from selling or granting like privileges to

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any other corporation or person: Provided , Said future grantees shall not interfere or work within twenty miles of the works of this company. Like privileges may be granted others. Sec. 5. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 12, 1870. VI.PLOW AND TRANSPORTATION COMPANY. 182. Steam Plow and Transportation Company. (No. 182.) An Act to incorporate the Steam Plow and Transportation Company of the State of GeorgiaR. W. Thompson's Patent. Section 1. Be it enacted, etc. , That William R. Symons, James McLeish, W. M. Davidson, Thomas Acwright, Alvin N. Miller and Frederick Schuster, of the city of Savannah, and State of Georgia, and such other individuals as the above named persons, or their heirs or assigns, may associate with them, are hereby created a body corporate, by the name and style of the Steam Plow and Transportation Company of the State of Georgia, and by said corporate name shall be capable in law to buy, hold and sell real and personal estate, make contracts, sue and be sued, to make by-laws, and to do all lawful acts properly incident to a corporation, and necessary and proper for the transaction of the business for which it is incorporated, and to have and use a common seal, and the same to alter and destroy at pleasure. Corporators Style. Powers. Sec. 2. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars ($50,000 00,) divided into shares of fifty dollars ($50 00) each, but may be increased to a sum not exceeding one hundred thousand dollars ($100,000 00,) whenever it may be deemed expedient by a majority of the board of directors of said corporation for the time being. Capit'l stock Shares. Sec. 3. Be it further enacted , That the said Steam Plow and Transportation Company of the State of Georgia be hereby authorized and empowered to use steam traction engines on the public roads, including the roads of any corporate city in the Stateprovided it is with the consent of the corporate authorities of said cityfor the purpose of the transportation of produce or passengers; and when there exists an incorporate road company, this company shall have the same transit of the road as any private conveyance, on such terms as may be agreed upon between the said

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incorporated road and the Steam Plow and Transportation Company of Georgia, the rates for passengers not to exceed one cent for every adult person, and one-half cent for every child under ten years of age. Special powers. Sec. 4. Be it further enacted , That the said corporation shall have the right of crossing any navigable stream or water-course at its own expense, by safe and substantial bridges or crossings, or any other proper means: Provided , The free navigation of said stream or water-course is not obstructed by said bridge or crossing. May cross navigable streams. Sec. 5. Be it further enacted , That said corporation, as soon as ten per cent. of the amount of said capital stock shall have been paid in, may elect a board of directors, who shall elect, at their first regular meeting after such organization, one of their number as president, who shall receive such compensation as the board of directors may determine; the term of office of the president and directors as aforesaid, and the manner and term of all subsequent elections of the board of directors, shall be fixed and established by the by-laws, rules and regulations of this company. When board shall be elected. Sec. 6. Be it further enacted , That the said corporation, known as the Steam Plow and Transportation Company of the State of Georgia, shall have the exclusive privilege and franchise of constructing and running traction engines under this patent on the public roads of Georgia, including the roads of any corporate city in the Stateprovided it is with the consent of the corporate authorities of said cityfor the term of ten years from the passage of this act; and any person or persons who may willfully or maliciously obstruct, or shall infringe upon the privileges of this franchise, shall be punished by fine or imprisonment as the law may direct; but nothing in this act shall prohibit the Vernon Shell Road Company from running a traction engine on their road from Savannah to White Bluff, and on any of its branches. Exclusive privileges enumerated Approved October 12, 1870.

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VII.RAILROAD COMPANIES. No. Act. 183. Atlanta Lookout [Illegible Text] Company. 184. Americus Florence Railroad Co. 185. Albany Columbus Railroad Co. 186. Augusta Hartwell Railroad Co. 187. Americus Isabella Railroad Co. 188. Americus Florence Railroad CompanyState aid [Illegible Text]. 189. Atlanta Roswell Railroad Company. 190. Athens Street Railroad Company. 191. Atlanta Savannah Railroad Company. 192. Augusta Summerville Railroad Company. 193. Atlanta Blue Ridge Railroad Company. 194. Albany, Mobile New Orleans Railroad Company. 195. Boston Green Field Railroad Company. 196. Brunswick Augusta Railroad Company. 197. Brunswick Albany Railroad Co. 198. Camilla Cuthbert Railroad Co. 199. Chattahoochee Air-Line Railroad Company. 200. Chattahoochee Railroad Company. 201. Chattooga Coal Iron Railroad Company. 202. Columbus Atlanta Air-Line Railroad Company. 203. Central Railroad Banking Company. 204. Cartersville Van Wert Railroad Company. 205. Dalton Morganton Railroad Co. 206. Eatonton Union Point Railroad Company. 207. Fort Valley Hawkinsville Railroad Company. 208. Flat Rock Railroad Company. 209. Griffin, Monticello Madison Railroad Company. 210. Great Southern Railway Company. 211. Georgia Seaboard Northwestern Railroad Company. 212. Georgia RailroadAthens, may extend. 213. Grand Trunk Railroad Company. 214. Great Western Railroad Company. 215. Gainesville [Illegible Text] Railroad Co. 216. Hawkinsville Americus Railroad Company. No. Act. 217. Lookout Mountain Railroad Company. 218. McDonough Western Railroad Co. 219. Macon Brunswick Railroad Company. 220. Memphis Branch Railroad Company. 221. Marietta North Georgia Railroad Company. 222. Memphis Branch Railroad Company. 223. Marietta, Canton Ellijay Railroad Company. 224. North Georgia North Carolina Railroad Company. 225. Northeastern Railroad Company. 226. North South Railroad Company. 227. Newnan Americus Railroad Company. 228. Newnan Americus Railroad Company. 229. Ocmulgee River Railroad Company. 230. Polk Slate Quary Railroad Company. 231. Rome Summerville Railroad Co. 232. Rome Street Railroad Company. 233. Rome Railroad Memphis Branch Railroad Companies. 234. Savannah, Griffin North Alabama Railroad Company. 235. Stone Mountain Granite Railway Company. 236. South Carolina Railroad Company. 237. St. Marys Western Railroad Company incorporated. 238. St. Marys Western Railroad Company amended. 239. South Georgia Florida Railroad Company. 240. Savannah Price Street Railway Company. 241. Southwestern Railroad Company. 242. Skidaway, Pine Island Seashore Railroad Company. 243. Savannah, Griffin North Alabama Railroad Company. 244. Vernon Shell Railroad Company. 245. Western Atlantic RailroadSuperintendent of. 246. Western Atlantic RailroadSuperintendent of.

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(No. 183.) An Act to be entitled an act to incorporate the Atlanta Lookout Railroad Company, and to extend the aid of the State to said company, and for other purposes. Section 1. Be it enacted, etc. , That Benjamin D. Martin, James M. Lee, W. L. Whitman, Albert T. Hackett, Moses Dodson, A. S. Fowler, H. I. Kimball, Richard Peters, J. R. Parrott, George Cook, J. C. Fain, C. W. Howard, and their associates and such other persons as may become stockholders in this company, be, and they are hereby, created a body corporate and politic, by the name and style of the Atlanta Lookout Railroad Company; by that name they may have, purchase and enjoy such real and personal estate as may be necessary for the purpose of carrying into effect the object of this act, or to the full enjoyment of the same, and by that name they may sue and be sued in any court of competent jurisdiction in this State; they may have and use a common seal, and establish such rules, by-laws and regulations, not inconsistent with the Constitution and laws of this State, as may be deemed proper for the government of said company. Corporators Style. General powers. Sec. 2. Be it further enacted , That said company shall be authorized to build and use a railroad from Ringgold, Catoosa county, to a point at or near Cooper's Gap, in Dade or Walker county, State of Georgia, and the track of said road may be connected with the track of the Western Atlantic Railroad, and the right-of-way for said road is hereby granted to said company, they first making just compensation to the owners of the land for the same. Special powers. Sec. 3. Be it further enacted , That the capital stock of said company shall be not more than six hundred thousand dollars, to be divided into shares of not more than one hundred dollars each; but the company may organize and commence work when two hundred thousand dollars bona fide subscription shall be obtained; and in elections, the stockholders shall be entitled to one vote for each share owned by them. Capit'l stock Shares. May organizewhen. Votes. Sec. 4. Be it further enacted , That any five or more of said corporators may open books of subscription for stock at Atlanta or Ringgold, and notice of the time shall be given by advertising in one or more newspapers published in the city of Atlanta, and also in the newspaper in which the county advertisements for Catoosa county are published, for two weeks prior to the time of meeting; and the stockholders shall organize by the election of a board of five directors, who shall have the management of said company, and shall choose one of their number president, and may appoint all officers and agents deemed by them necessary for conducting the affairs of the company; the by-laws of the company shall fix the time of the election of the directors and the terms of office. Subscripti'n Bookshow opened. Election of board of directors. President and other officers. Sec. 5. Be it further enacted , That the stockholders shall be bound in their private capacity to any creditor of said corporation

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for the amount of stock subscribed for by him, until said subscription is fully paid up, or until the stockholder shall have paid out of his private property, debts of the corporation to an amount equal to his unpaid subscription; and to that extent a judgment obtained against the company shall be a lien on the individual property of such stockholder; and if an execution against the company shall be returned, with an entry by the proper officer, of no corporate property to be found, it may be levied upon the private property of such stockholder, and collection enforced to the extent of his liability, as above provided, as other executions. Liability. Liens. Sec. 6. Be it further enacted , That the superintendent of the Western Atlantic Railroad may furnish construction trains and other facilities, during the time of the construction of said road, on such terms as may be agreed upon between said superintendent and said Atlanta Lookout Railroad Company. May furnish constructi'n trains. Sec. 7. Be it further enacted , That if any dispute shall arise as to the amount of damages to be paid by said company to any person for the right-of-way, the Ordinary of the county where the land lies may, on application of either party, draw twelve names from the jury-box of said county, and cause them to be summoned by any Sheriff or Constable, at such time and place as the Ordinary may appoint; and any seven or more of the persons so summoned shall constitute a jury to try said case; and if any of the jurors fail to attend, talesmen may be summoned in their stead, so as to make the number not less than seven. The Ordinary shall preside at said trial, and may suffer any of the jurors to be stricken by either party for legal cause; and he shall have power to summon witnesses and jurors, and to punish them for non-attendance, and to punish any person for contempt, as the Superior Court may; and the jury shall be sworn to diligently inquire what amount of money would be just compensation in the case; to take into consideration the enhanced value, if any, of that or any other adjoining lands of the claimants, by reason of the location of the road thereon, and to return a true verdict, according to law and evidence, and the Ordinary shall issue execution for such sum. The jury may tax either party with the cost or apportion it, and execution may issue therefor; and all jurors, officers and witnesses shall be paid as for like services in the Superior Court; and either party may appeal to the Superior Court within ten days, in the manner prescribed for appeals in cases in the Court of Ordinary. Disputes as to right-of-wayhow adjusted. Sec. 8. Be it further enacted , That when as much as five miles of said road is finished and in complete running order, and the Governor is satisfied of that fact, it shall be his duty to place the indorsement of the State upon the bonds of said company for the amount of fifteen thousand dollars for every eight miles then completed, and a like amount for every five miles afterwards completed, and the faith of the State shall be bound for the payment of the bonds so indorsed, and the bonds so indorsed shall constitute a lien on said railroad and all its property, real and personal, of

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superior dignity to any other lien or encumbrance, without regard to date; and all the property of the company shall be vested in the State by such indorsement, so far as to authorize the Governor to seize and sell the same for the payment of the bonds indorsed by the State, or the interest accruing thereon, whenever the road shall fail to pay the same; and the Governor may, in his discretion, run said road and pay the net profits towards the liquidation of any such debts; and if it should become necessary for the Governor to sell any of the property of said company for the purposes aforesaid, he shall sell the same in such manner and on such terms as he may deem best for all concerned. Said company shall not sell or in any manner dispose of the bonds so indorsed for less than ninety cents in the dollar. Gov. to indorse bonds of roadwhen and how much. State's lien. Road failing to pay, Gov. may run the road, and may sellhow. Bondshow sold. Sec. 9. Be it further enacted , That if the said railroad is not fully completed within five years from the passage of this act, all the rights hereby granted shall be forfeited. Restriction Sec. 10. Be it further enacted , That all laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 184.) An Act to incorporate the [Illegible Text] Florence Railroad Company, and for other purposes therein mentioned. Section 1. Be it enacted, etc ., That, from and after the passage of this act, W. A. Blaik, F. M. Furlow, D. B. Harrell, S. Bell, A. J. Smith, S. P. Kimbrough, C. C. Humber, W. W. Fitzgerald, J. E. Carter, J. L. Wimberly, G. R. Harper and G. S. Roper, and such others as they may associate with them, and their successors and assigns be, and the same are hereby, constituted a body corporate, by the name of the Americus Florence Railroad Company, and in 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 to alter and destroy at pleasure, and may purchase, accept, hold, enjoy and convey any property, real, personal or mixed, which may be necessary for the purposes hereinafter named. Corporators Style. General powers. Sec. 2. That said company shall have power and authority to survey, lay out, construct, equip, use and enjoy a railroad from some point on the Southwestern Railroad at or near Americus, in Sumter county, as near as practicable, by the way of Preston, in Webster county, and Lumpkin, in Stewart county, to some point on the Chattahoochee River at or near Florence, in said county of Stewart. Special powers.

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Sec. 3. That the capital stook of said company shall be one million dollars, books of subscription to which shall be opened at Americus, at Preston, at Lumpkin, at Florence and at Richland, in Stewart county, by the corporation above mentioned, or such persons as they may appoint at such times as they may determine. Capit'l stock Subscripti'n bookshow opened. Sec. 4. That when the sum of two hundred thousand dollars may be subscribed to the capital stock of said company, it shall be the duty of the before mentioned corporators, or a majority of them, to call a meeting of the stockholders at such place as may be by them agreed on, of which meeting public notice shall be given in one of the public gazettes of this State at least twenty days; at which meeting the stockholders shall proceed to elect by ballot seven directors to manage the affairs of said company, one of which directors shall be by said board elected as president thereof, and said president and directors shall hold their offices for one year, and shall prescribe in their by-laws the manner 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, and 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 said election, one vote to each share, and the capital stock shall be divided into shares of one hundred dollars each; the said board shall have power and authority to fill any vacancy that may occur in the board, or other offices until the next regular annual election by the stockholders, and shall fix the compensation of the president of said board, and all other officers of said corporation; not less than five directors shall constitute a board for the transaction of business, of which the president shall be one, except in cases of sickness or necessary absence, in which case his place may be supplied by any of the directors present, to be chosen president pro tem . by a majority of the board then present. Election of board of directors. Of Presid'nt Officeswhere held. Stockholders vote in person or by proxy. Shares. Vacancies. Annual elections. Compensation [Illegible Text] president and other officers. President pro tem. Sec. 5. That said board of directors shall have power to select and take, or receive as donations, such strips of land as they may deem necessary for the construction, convenience or protection of said railroad, and in case of any disagreement between the owners of the same and said board of directors in regard to the value or price of said land, or damage thereof, it shall and may be lawful for such board to appoint one disinterested freeholder as an appraiser, and the owner of said land another disinterested freeholderif he, she or they should think properand the Ordinary of the county in which said land may lie shall appoint another disinterested freeholder, all of whom shall be sworn by said Ordinary, or some Justice of the Peace, or Notary Public, to make and return to said Ordinary [Illegible Text] just, true and impartial valuation of the damages, or value of said strip or strips of land thus required by said company; and their award shall be in writing, and signed by at least a majority of said appraisers, and accompanied by a plat and full description of said land, which shall be taken and held as

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a judgment for the amount of said valuation against said company, and may be enforced by execution under the hand and seal of said Ordinary; and said plat and description of said land and said award shall be recorded in said county in the same manner as deeds, and shall vest the fee simple title to said land in said company: Provided , That, if either party shall be dissatisfied with the award of said appraisers, he, she or they may appeal to the Superior Court of the county in which said land lies, and have the damages assessed by a jury, as in other cases in said court, and the verdict thereof shall be final and conclusive between the parties. Special powers of board. Disagreement as to value of landhow to proceed. Sec. 6. That said company shall build and keep in good order substantial bridges, or other crossings, at such places as public roads may cross the same. Bridges across other crossings. Sec. 7. That the books, papers, correspondence, funds and other property of said company shall at all times be subject to the inspection of said 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 engagement on behalf of said company, shall be binding and obligatory on said company when the same shall be signed by the president thereof and countersigned by the secretary, and the funds or property of said company shall in no case be held responsible for any contract or agreement, unless the same is signed and countersigned as aforesaid. Books subject to inspection. Sec. 8. That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 17, 1870. (No. 185.) An Act to incorporate the Albany Columbus Railroad Company, and to grant State aid to the same. Section 1. Be it enacted, etc ., That James M. Smith, N. J. Bussey, George P. Swift and S. H. Hill, of Columbus; D. A. Vason, Berry G. Lockett, Carey W. Styles and Nelson Tift, of Albany; and E. Hulbert and H. I. Kimball, of Atlanta, Georgia, or a majority of them, 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 Albany Columbus Railroad Company. Corporators Name. Sec. 2. Be it further enacted , That said company be authorized to build a railway from Albany, in the county of Dougherty, via Dawson, in Terrell county, to Columbus, in the county of Muscogee, Georgia, and the right-of-way is hereby conferred upon it,

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and to charge upon every mile, when completed, such amounts for freights and passengers as may be reasonable and just. It is authorized, for procuring stock in the same, to open books and procure subscriptions of stock at the rate of one hundred dollars a share at such time and places as may be thought proper; to elect or appoint presidents and directors, agents and servants; to borrow money, make contracts, hold real and personal estate, sue and be sued, and have and use a common seal, and change the same at pleasure. Authority. President and directors. Sec. 3. Be it further enacted , That in all cases where a question of right-of-way may arise, and the parties be unable to agree, the matter in controversy shall be submitted to arbitration under the law regulating arbitrations, in the Code of Georgia; but if either party shall fail to choose an arbitrator, the Ordinary of the county where the land lies shall make the choice for such party. The award shall be final, unless attacked in the manner and on the grounds prescribed in the Code. If the award is set aside, the cause shall remain in court, and an issue shall be formed and tried as though the cause had been originally brought in the court; and the arbitrators, as well as the jury, shall, in addition to the usual oath, be sworn in assessing damages to take into the account the enhanced value of the land from the location of the road on the premises: 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, except by contract. Question of right-of-wayhow settled. Sec. 4. Be it further enacted , That the corporators herein named shall be ex officio directors of said road for the year 1870, and until new directors are appointed. Corporators ex officio directors. Sec. 5. Be it further enacted , 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. Sec. 6. Be it further enacted , That the capital stock of said company shall not exceed two million dollars. Capit'l stock Sec. 7. Be it further enacted , That whenever the company hereby incorporated shall have fully completed, fully equipped, and perfectly in good running order, ten miles of said road, it shall be the duty of the Governor of the State, and he is hereby required in behalf of the State to indorse the security of the State on the first mortgage bonds of said railroad company to the extent of twelve thousand dollars per mile for that portion of the road thus completed, and whenever said company shall prepare said bonds, and request said indorsement; but before such indorsement shall be made, it shall be the duty of the Gevernor to satisfy himself that said portion of said road is fully completed and free from mortgages or incumbrances, and with the express understanding that any indorsement so made shall subject all the property of any kind, purchased with said bonds or their proceeds, to the payment thereof, and said indorsement shall operate as a prior lien on all of the property of said company. Ten miles of road completed, Gov. shall indorse bonds $12,000 per mile. Gov's. duty as to indorsem'nt

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Sec. 8. Be it further enacted , That if any of said bonds so indorsed by the State, or the interest thereon, shall not be paid by the 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 the company and apply the earnings thereof to the extinguishment of the unpaid bonds and the interest thereon, and if the default should continue for the period of six months, he may sell said property, including the road and its fixtures, in such manner as may best subserve the interests of all concerned; said bonds so indorsed shall not be sold for less than 90 per cent. of the par value thereof, in lawful money of the United States; and if the same should be done, it shall be the duty of the Governor to withhold all further indorsement, and any tax-payer of the State may apply to the courts to restrain the same. Co. failing to pay the bonds at maturity, Gov. shall seize property, etc. How disposed of. Sec. 9. Be it further enacted , That all laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 186.) An Act to amend an act entitled an act to incorporate the Augusta Hartwell Railroad Company; to grant State aid to the same, and for other purposes herein named. Section 1. The General Assembly do enact , That the Augusta Hartwell Railroad Company are hereby fully authorized and empowered to extend the line of their railway through the counties of Hart, Franklin, Habersham and Rabun to Clayton or Rabun Gap, in Rabun county, with a branch to Walhalla, in Pickens county, in the State of South Carolina, and for this purpose shall have all the rights, powers and privileges, and be subject to the same restrictions as to right-of-way and the acquisition thereof, so far as the said road shall run in this State, as are conferred by the act of which this is amendatory. A. H. R. R. extend line of road through certain counties. Powers. Sec. 2. That work shall commence at such point or points as may be convenient within thirty days from the passage of this act by the General Assembly and its approval by his Excellency the Governor. Work commencewhen. Sec. 3. That cities and towns along or near the line of the said Augusta Hartwell Railroad shall have full power and authority to subscribe for, hold and possess so much of the capital stock of said company as the citizens thereof may elect to subscribe for; and the municipal governments of such cities and towns are hereby authorized to order elections to be held by the proper officer, and at such elections to submit the question of subscription or no subscription, and the amount of such subscription, if

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any; and the said cities and towns are fully authorized and empowered to issue bonds bearing interest at a rate not exceeding the legal rate of interest for the purpose of raising such moneys as may be necessary to pay the said subscription. Towns may subscribe. Municipal authorities may order an election. Sec. 4. That upon the completion of each and every ten miles of said railroad, and as soon as the same shall be put 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 next following section of this act, amounting in the aggregate to fifteen thousand dollars per mile upon so much of said road as then completed; and the said Treasurer, for the time being, shall make an indorsement upon the back of each of the said bonds, and shall sign the same as the Treasurer of the State of Georgia, which indorsement shall be as follows: I certify that the within is one of a series of bonds issued by the Augusta Hartwell Railroad Company, and amounting in the aggregate to the sum of fifteen thousand dollars per mile upon the said company's railroad, secured by deeds of trust in the nature of a first mortgage upon said company's 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. 187-. The payment of the principal and interest of the within bond, according to the terms thereof, is hereby guaranteed by the State of Georgia, inpursuance of, and in obedience to an act of the Legislature of said State, passed the..... day of....., A. D. 1870; and shall fill up the two blanks in the indorsement, 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. Bonds of road may be indorsed by Treasurer. Form of indorsement. Blankshow filled. Sec. 5. That it shall and may be lawful for the Augusta Hartwell Railroad Company to execute and deliver to the Treasurer of the State of Georgia, for the time being, a deed of trust by way of first mortgage, conveying to said Treasurer and his successors in office all the rights, franchises and privileges conferred upon the said company by the several acts of the Legislature of the State of Georgia in reference thereto, and all the rights-of-way of said company now possessed by said company, or hereafter to be acquired, and all the tracks, lines and road-beds upon said road now graded, or hereafter to be graded, and all real and personal property belonging or appertaining to said 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

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to the sum of fifteen thousand dollars per mile upon the whole of the said company's railroadsaid bonds to be of the denomination of one thousand dollars each, the principal sum payable in twenty years, and bear interest at the rate of seven per cent. per annum, payable semi-annually, and have coupons and interest warrants attached in accordance thereto, the said principal and interest to be payable 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, authorized to join with said company in the execution of said deed of trust 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 road is to pass. First mortgage. Road and all its property bound for ultimate payment of bonds. Denomination of bonds payable. Bondshow executed. Sec. 6. 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. Default by company in payment of bonds, etc., Treasurer may take possession of road. Sec. 7. 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 road, and after the payment of said bonds by said company, said company shall own and possess said railroad free and clear of all incumbrances arising from or out of said deed of trust. Exclusive control of road. Sec. 8. That the capital stock of the said company may be increased from time to time to an amount not exceeding six million of dollars. Capit'l stock Sec. 9. That the said company shall have full and complete power and authority to consolidate with any other railroad company in or out of this State: Provided always , That in case of such consolidation the consolidated company shall assume the payment of the bonds and interest thereon hereinbefore provided for. Road may consolidate. Sec. 10. All the rights, powers, privileges and immunities heretofore conferred upon the Georgia Railroad Banking Company are hereby extended and granted to said Augusta Hartwell Railroad Company. Certain powers extended. Sec. 11. All laws conflicting herewith are hereby repealed. Approved October 17, 1870.

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(No. 187.) An Act to incorporate the Americus Isabella Railroad Company for the purpose of opening railroad communication between said places, and for other purposes, and to loan the credit of the State to the same. Section 1. Be it enacted, etc. , That A. S. Cutts, W. A. Hawkins, W. W. Barlow, William Hooks, Thomas Whitsett, Thomas Green and John A. Cobb, and such other individuals as the above named persons shall associate with them, and their assigns, shall hereafter be a body corporate by the name and style of the Americus Isabella Railroad Company, and by said corporate name shall be capable in law to buy, hold and sell real and personal estate, make contracts, sue and be sued, to make by-laws, to have a common seal, and to do all lawful acts properly incident and belonging to a corporation and necessary and proper for the transaction of the business for which it is incorporated. Corporators Style. Powers. Sec. 2. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be twelve hundred thousand dollars, divided into shares of one hundred [dollars] each, but may be increased to any sum not exceeding two million dollars whenever it may [be] deemed expedient or necessary by a majority of the board of directors of said corporation for the time being. Capit'l stock Shares. Sec. 3. And be it further enacted by the authority first aforesaid , That said corporation be, and it is hereby, authorized and empowered to make, construct and maintain a railroad for the transportation of produce, merchandise and passengers, and any other freight or thing of suitable width and dimensions in the most convenient, proper and practicable course from a point within the corporate limits of the city of Americus, through the counties of Dooly and Worth, to Isabella, or some point east of Isabella hereafter to be determined upon, on the Albany Brunswick Railroad, paying to the owners of land, when required, through which the said railroad may pass, a just indemnity to be ascertained as hereinafter provided for, for the value of the land covered by the railway, and for fifty feet on each side of the same for the procurement therefrom of timber, earth and other materials; and whenever any person shall own land on both sides of the railroad, the company shall be bound to construct and maintain such crossings as may be right and proper and required by said owners; but no person shall be at liberty to cross such railroad, except by such roads, without the express permission of the corporation. Purposes. Sec. 4. And be it further enacted by the authority first aforesaid , That when any person shall feel aggrieved or injured by the said railroad being carried through his lands, or when the said company cannot agree with any person, through or on whose land the said railroad shall be conducted, as to the damage sustained, the amount of such damage or injury shall be ascertained and determined by the

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written award of three sworn appraisers to be chosen, one by the company, one by the owner, and the third by the two thus chosen, but if such owner shall decline or refuse to appoint an appraiser, then the Ordinary of the county in which the land lies shall make the selection of the appraisers, upon the application of the company, or its agents, and proof that such land owner has declined or refused to make such appointment, the award of the appraisors appointed as aforesaid to operate as a judgment for the amount against the company, and shall be recorded in the Superior Court of the county wherein the land is situated, at the first term after the award, but either party shall have the right to file exceptions as provided by the arbitration laws of this State, and if exceptions are filed, an issue shall be made up and tried by a special jury at the first term after filing of said exceptions; and the decision shall vest in the company the simple title to the land in question, and in the other party a judgment for its value thus ascertained to be enforced by the ordinary process of said county. Persons aggrieved shall have damages awarded by appraisershow. Sec. 5. And be it further enacted, etc. , That whenever the said railroad shall intersect any public road, the company shall be bound to construct a safe and substantial bridge or crossing over or across said public road, to be afterwards maintained by said road. Sec. 6. And be it further enacted, etc. , That the said company shall be entitled to operate said railroad by steam power, and shall have the exclusive use of the same for their cars, and if said company shall permit or suffer other companies to use the same, it shall be entitled and empowered to receive and collect such charges for the use of the same as may be fixed by said company. Co. shall have exclusive use of road. Sec. 7. And be it further enacted, etc. , That any person injuring the property of said company, or who shall throw earth, stones, trees, rubbish, logs or any other matter or thing whatsoever upon the said railroad, which would or might be calculated to injure the property or obstruct the road, shall be punished by indictment as for a misdemeanor, and on conviction may be fined or imprisoned, or both, at the discretion of the court trying the same, and shall also be liable for such damages as may be occasioned thereby, to be recovered by action at the suit of said company, or any person aggrieved, in any court having jurisdiction. Any person injuring or obstructing the road, guilty of misdemeanorpenalty Sec. 8. And be it further enacted, etc. , That the said corporation, as soon as one hundred thousand dollars shall have been paid in, shall organize a board of directors, who shall elect, at their first meeting after such organization, one of their number as president, who shall receive such compensation as the said board of directors may determine. The term of office of the president and directors as aforesaid, and the manner and form of all subsequent selection of directors, and the number of said directors, and the number of votes to which stockholders shall be entitled, shall be fixed and established by the by-laws, rules and regulations of said corporation, to be framed by them as provided in the first section of this act. Board of directorswhen organized. President's compensation.

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Sec. 9. And be it further enacted, etc. , That the board of directors may call for further installments on each share, whenever necessary for the interest of said company, not to exceed one hundred dollars in all on each share, giving at least sixty days' notice, in not less than two public gazettes having circulation in the counties through which said road shall pass, of such call; and any and all stockholders, failing to pay any installment so called for for thirty days after the time designated by such call, shall forever forfeit his stock in said company, and all payments which he may have theretofore made on the stock so forfeited, shall vest in and become the property of said company, to be disposed in the interest of said road as the board of directors thereof shall determine. Directors may call for further installmentshow. Failure to pay such installmentspenalty. Sec. 10. Be it further enacted, etc. , That certificates of stock shall be issued to the stockholders on the payment of the sum required at the time of subscription, which shall be transferred on the books of the company only, and by personal entry of the stockholder, or his legal attorney or representative only authorized for that purpose. Certificates of stock. Sec. 11. And be it further enacted, etc. , That said company shall have full power and authority to carry such railroad over and across all and any rivers, creeks, water-courses that may be in the [Illegible Text] thereof, by suitable bridges, or other proper means. May cross rivers. Sec. 12. And be it further enacted, etc. , That the said corporation shall have the exclusive privilege to construct, keep and build the railroad as aforesaid, during the term of thirty years, the time to be computed from the approval of this act; and after the expiration of said term of thirty years, the General Assembly may authorize the construction of other railroads between the points aforesaid: Provided, nevertheless , The said Americus Isabella Railroad Company shall, after the lapse of said thirty years, be and remain incorporated and vested, as to their own work, with all the estate, rights, powers and privileges by this act granted and secured, except the exclusive right aforesaid; but the General Assembly may renew and extend that exclusive right upon such terms as may be prescribed by law, and accepted by said incorporated company. Duration of charter. Proviso. Sec. 13. And be it further enacted, etc. , That the Governor of the State be, and he is hereby, authorized and required to indorse the bonds of the said Americus Isabella Railroad Company, upon the same terms and conditions upon which he is authorized and required to indorse 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 21st, 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. Gov. to indorse the bonds of such Co. Conditions.

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Sec. 14. And be it further enacted , That the said Americus Isabella Railroad Company shall not sell any bond or bonds upon which may be indorsed the guaranty of the State for less than ninety cents in the dollar. Restriction upon sale of bonds. Sec. 15. And be it further enacted, etc. , That all laws conflicting with the provisions of this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 188.) An Act to loan the credit of the State to the Americus Florence Railroad Company. Section 1. Be it enacted, etc. , That, from and after the passage of this act, whenever the Americus Florence Railroad Company shall have completed and put in running order ten continuous miles of road, commencing at Americus, it shall be the duty of the Governor of the State, and he is hereby required, for, and in behalf of the State, to indorse the guarantee of the State on the first mortgage bonds of said railroad company, to the extent of twelve thousand dollars per mile for that portion thus finished, and when the second section of ten miles is completed, it shall be the duty of the Governor, and he is hereby required, to indorse 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 dollars per mile for the second section of ten miles, and this rate and extent of indorsement shall be continued upon the same conditions of each subsequent section of ten miles, until the said road is completed, it being the true intent and meaning of this act, that the State shall indorse the said mortgage bonds of said railroad company, to the extent of twelve thousand dollars 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 indorsement of guarantee therefor as aforesaid. When Governor shall indorse bonds of Co. $12,000 per mile. Sec. 2. That if the last section of said railroad shall be less than ten miles, the indorsement shall be at the rate of twelve thousand dollars per mile. Last section Sec. 3. That before any such indorsement shall be made, the Governor shall be satisfied that so much of the road as the said indorsement shall be applied for is ready, finished and in complete running order, and that said road is free from all mortgages and other legal incumberances which may in any manner endanger the security of the State, and upon further conditions and express understanding that any indorsement of said bonds as aforesaid,

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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 indorsed shall be paid, but the said indorsement 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. Requisites prior to indorsement of bonds. Sec. 4. That in the event any bond or bonds indorsed 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. Any bond or interest thereon due and unpaid. Gov. may take possession of road, and may sell Sec. 5. That said railroad company shall not, under any pretext, sell or dispose of any bonds issued to it by the State, or any of its own bonds indorsed by the State, at less than ninety cents in the dollar in lawful money of the United States; and in case said company, by any direct contract or by any evasion or pretext, sell or dispose of any of the bonds issued or indorsed 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 said company by reason of which the credit of the State may be depreciated and the burden of the citizens increased. Restriction or sale of bonds. Violation. Penalty. Sec. 6. Repeals all conflicting laws. Approved October 17, 1870. (No. 189.) An Act to amend the charter of the Atlanta Roswell Railroad Company; to authorize said road to consolidate with the Atlanta Richmond Air-Line Railway Company, and authorize the Atlanta Richmond Air-Line Railway Company to indorse the bonds of the Atlanta Roswell Railroad Company. Section 1. The General Assembly of the State of Georgia do enact , That the Atlanta Roswell Railroad Company shall have the right to lay out, construct and use a railroad from Roswell to some convenient point of connection with the track of the Atlanta Richmond Air-Line Railway Company, so as to constitute a branch road

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of the same; and the board of directors of said Atlanta Roswell Railroad Company are hereby authorized to make such contract with the Atlanta Richmond Air-Line Railway Company for the union of said companies, under the same management, as they may deem best; and they are further authorized and empowered to merge the corporate existence of the said Atlanta Roswell Railroad Company in that of the Atlanta Richmond Air-Line Railway Company, upon such terms and conditions as may be mutually agreed upon between the respective boards of directors of said companies. Special rights. Board of directorsauthority of Sec. 2. The Atlanta Roswell Railroad Company is hereby authorized to issue the bonds of said company in such sums and of such denominations as may be deemed advisable by the board of directors, not exceeding twelve thousand dollars per mile of the track to be constructed, and to use the same or the proceeds thereof in the construction and equipment of said track; and all the property of said company, and the private property of the stockholders thereof to the extent of the unpaid capital stock held by each, shall be bound for the redemption and payment of said bonds; and the Atlanta Richmond Air-Line Railway Company is hereby authorized and empowered to indorse said bonds and become liable, as indorsers, for the final redemption and payment thereof, said indorsement to be evidenced by the signature of the president and secretary of the board of directors of said company. May issue bonds. Liabilities. May indorse bonds. Liability on. Sec. 3. The private property of each stockholder, real, personal and mixed, of said Atlanta Roswell Railroad Company, equal to the amount of his or her unpaid stock, shall be liable for the debts of said company. Liabilities. Sec. 4. All laws militating against this act are hereby repealed. Approved October 6, 1870. (No. 190.) An Act to incorporate the Athens Street Railway Company, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, A. P. Dearing, P. A. Summey, J. D. Pittard, H. H. Carlton, J. H. Huggins, W. P. Dearing, George W. Center, John J. Thomas, Lamar Cobb, Emory Speer, and such others as they may associate with them, and their successors and assigns, be, and they are hereby, declared a body politic and corporate, by the name and style of the Athens Street Railway Company, and by that name may sue and be sued, plead and be impleaded, in any court of law and equity in this

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State, or where their rights may come in question; may have and use a common seal, and the same alter or destroy at pleasure, and purchase, accept, hold, enjoy or convey any property, real, personal or mixed, that may be necessary for the purposes hereinafter set forth, or which they may acquire in the progress of their business. Corporators Name. Powers. Sec. 2. Be it further enacted , That said company shall have the exclusive power and authority to survey, lay out, construct and equip, use and employ street railroads in the town of Athens, subject to the approval of the Town Council thereof, for each route selected, first had and obtained, before the work thereon shall be commenced, the property of said company to be subject to the same State, county and town taxes as the property of individuals in said town of like value is or may be subject to, unless the Town Council should at any time think fit to except the same from the payment of town taxes. Exclusive powers. Taxation on road. Sec. 3. Be it further enacted , That the capital stock of said company shall be six thousand dollars, which may be increased to one hundred thousand dollars, should the business of the company require itbooks of subscription for which shall be opened in Athens, and at any other point or points, which may be deemed advisable, in the United States. Capit'l stock Book of subscripti'n Sec. 4. Be it further enacted , That the officers of said Athens Street Railway Company shall be five or more directors, one of whom shall be president, to be chosen at such time and in such manner as the corporators, or a majority of them, may determine; and the said president and board of directors shall have full power and authority to establish all by-laws, rules and regulations for administering the affairs of said company and for carrying on the business, and to do all acts and to give all orders therein which may be necessary and not inconsistent with the Constitution and laws of this State or of the United States. Five directors. President. Powers of president and board. Sec. 5. Be it further enacted , That the said Athens Street Railway Company shall not employ any steam engine upon their lines without the consent of the Town Council, who, in granting the order allowing the same, shall prescribe the rules to be observed by said company and by individuals, to avoid injury to persons or property by the use of said engines. May not employ steam engine without consent of Council. Sec. 6. Be it further enacted , That the said Athens Street Railway Company may extend any or more of their lines of road in the county of Clarke, over and beyond the corporate limits of said town, not more than five miles from the present corporate limits, should they see proper so to do; and in that event the damages to the owners of the strip or strips of land through which said road may run shall be ascertained and settled in the same manner as prescribed by the charter of the Central Railroad Banking Company. May extend their lineshow far. Damages to ownershow ascertained. Sec. 7. Be it further enacted , That said Athens Street Railway Company may convey upon their lines either passengers or freight

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as the exigencies of the business community and public wants may require. Sec. 8. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 191.) An Act to incorporate the Allanta Savannah Railroad Company. Section 1. Be it enacted, etc. , That Jonathan Norcross, H. D. Capers, E. E. Rawson, George W. Wyly, J. D. Pope, John T. Henderson, James M. Pace, John P. Harris, H. C. Holcombe, William McNaught, Hiram Roberts, Robert C. Humber, John N. Gilmore, Thomas J. Smith, D. T. Singleton, E. J. Hulsey, James A. Etheridge, Eli Glover, Reuben Jordan, H. S. Reid, Jr., and such other individuals and corporators as may be associated with them, and their assigns, shall, after the passage of this act, be made a body corporate, by the name and style of the Atlanta Savannah 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 purposes, 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 use a common seal, and the same to alter and destroy at pleasure. Corporators Style. Powers. Sec. 2. Be it further enacted , That the capital stock in said railroad shall not exceed six millions of dollars, to be divided into shares of one hundred dollars each; and the board of directors of said company shall prescribe the mode and conditions of the subscriptions for stock in the same, and shall issue the proper certificates for the same. Capit'l stock Shares. Sec. 3. Be it further enacted , That the line of said railroad may be so located as to pass through or near the towns of Sandersville, in the county of Washington, Eatonton, in the county of Putnam, and by the city of Covington, in the county of Newton, and thence to Atlanta, by means of such arrangements as said corporators or their successors or assigns may make with the Georgia Railroad Company, for the use of their right-of-way, or privileges as granted in the charter of said company; but the said Atlanta Savannah Railroad Company, through the said corporators or their successors, shall have the right of locating said railroad twenty miles on either side of a direct line drawn from the city of Covington to the city of Atlanta, as the interests of said corporation may determine. Line through which road may pass. Sec. 4. Be it further enacted , That for the organization of said

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company the said persons hereinbefore named, or a majority of them, shall appoint the time and places at which subscriptions of stock in said company may be made, and shall, in a reasonable time thereafter, appoint a time and place for the meeting of the subscribers for stock, of which they shall give thirty days' notice in two or more public gazettes of this State, at which time and place they shall proceed to elect seven directors, who shall form and constitute the board of directors, one of whom they shall elect as president thereof, and said president and directors shall hold their offices for one year and until their successors are elected and installed into office, and shall prescribe in the by-laws of said company the manner and time of holding subsequent elections for directors, and in all cases the stockholders shall be allowed to vote in person or by proxy under powers 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 trustees, for one month prior to said 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 officers, until the regular annual election by the stockholders, and shall fix the compensation of the president of said board and all other officers of 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 the absence may be supplied by one of the directors present to be elected president pro tem . by a majority of the board. Election of directors. President and president protem Vote by proxy. Vote. Sec. 5. 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 necessary for the construction, convenience and protection of said railroad, and in case of the disagreement between the owner or owners of said land and the said board of directors, in regard to the damage of said 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 said land may select another freeholder, if he, she or they should think proper, and the Ordinary of the county in which the land shall lie shall appoint a third disinterested 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 the 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 a majority of the appraisers, and accompanied by a plat and full description of said land, and said award shall be taken and held as a judgment for the amount of damages against said company, and may be enforced by an execution from the said Court of Ordinary,

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from 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 strip or strips of land in the said company: Provided , That if either party be dissatisfied with the award of the appraisers, he, she or they may appeal to the first or second term of the Superor 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 appeal shall not delay the progress of said railroad on and over the land in question, the said company giving or tendering bond with good security to said owner or owners, to pay to him or them the amount of the final award in said controversy. Powers of board. Sec. 6. Be it further enacted , That the said company shall build and keep in repair substantial bridges or ways of passage across said railroad whenever it may cross a public road. Bridges. Sec. 7. Be it further enacted , That the cities of Atlanta and Savannah, and all other incorporated towns and cities, as well as all private incorporated companies desiring to aid in the construction of said road, shall be authorized to subscribe to the capital stock of the same such amount as they may deem for their interest to subscribe: Provided , That no town or city shall subscribe to the stock of said company until a majority of the legal voters thereof, at an election to be held under the management of the Town or City Council, shall have voted in favor of such subscription; and each stockholder shall be individually liable for all the debts and liabilities of said company to the extent of the unpaid capital stock held by him, her or them. Certain cities and towns may subscribe stock. Sec. 8. Be it further enacted , That the books and 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 contracts, or liability, or engagement in behalf of said company, shall be binding 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. Books subject to inspection. Sec. 9. Be it further enacted , That the said Savannah Atlanta Railroad Company shall have the right to connect its road with any other railroad or railroads upon such terms as may be agreed upon by the companies in interest. Sec. 10. Be it further enacted , That the principal office of said railroad company shall be located at Atlanta, in the county of Fulton. Office at Atlanta. Sec. 11. Be it further enacted , That this act be and remain in force for fifty years, and that all laws or parts of laws in conflict with this act be, and the same are hereby, repealed. Duration. Approved October 17, 1870.

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(No. 192.) An Act to amend an act to incorporate the Augusta Summerville Railroad Company, approved March 20, 1866, and the act amendatory thereof, approved December 28, 1866; also to confirm the contract made by said corporation with the City Council of Augusta and certain of the ordinances of said council relative to said corporation, and for other purposes. Section 1. Be it enacted, etc. , That the General Assembly of Georgia hereby ratifies and confirms the contract between the Augusta Summerville Railroad Company and the City Council of Augusta, dated September 24, 1866; also the ordinances of said City Council of September 7, 1866, January 19, 1867, November 9, 1867, and March 13, 1868, relative to said corporation, and declare them not liable to be repealed by said City Council of Augusta without the consent of said Augusta Summerville Railroad Company. Certain contract ratifi'd and confirmed. Sec. 2. Be it further enacted , That the City Council of Augusta is hereby authorized to permit the use by said Augusta Summerville Railroad Company of locomotive engines propelled by steam on any other streets in the city of Augusta besides those named in said ordinances on such terms and with such restrictions as may be imposed by them at the time of the grant of authority. Sec. 3. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are, repealed. Approved October 26, 1870. (No. 193.) An Act to incorporate the Atlanta Blue Ridge Railroad Company, granting State aid to the same, and for other purposes therein named. Section 1. Be it enacted, etc. , That H. I. Kimball, Geo. Cook, Joseph E. Brown, Richard Peters, W. P. Price, Mark A. Cooper, John Hockenhull, James R. Brown, their associates and successors, be, and they are hereby, created a body corporate by the name and style of The Atlanta Blue Ridge Railroad Company, and by said corporate name are hereby made capable in law to sue and be sued, plead and be impleaded in any court of law or equity in this State having jurisdiction; to purchase, enjoy or retain land, tenements, goods, chattels of all kinds whatever, and to sell and dispose of the same; make all rules, regulations and by-laws for the government of said corporation, and do all other acts not repugnant to the Constitution or laws of this State; and said company shall have power to construct, use and control

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a railroad from the town of Cartersville, in Bartow county, through the counties of Bartow, Cherokee, Pickens, Dawson, Lumpkin, White, Habersham and Rabun, to the Carolina line, or along such route as said company may determine upon, leading from Cartersville to such point as they may select on the Carolina line, and within the county of Rabun. Corporators Style. General powers. Special rights. Sec. 2. Be it further enacted , That the capital stock of said company shall not exceed three millions of dollars, to be divided into shares of not more than one hundred dollars each, unless it shall be necessary to the construction of said road to increase the amount of said capital stock. Capit'l stock Shares. Sec. 3. Be it further enacted , That for the organization of said company said persons hereinbefore named, or a majority of them, shall appoint the times and places at which subscriptions for the stock of said company may be made, and shall appoint the time and place for the meeting of the subscribers to said stock, of which meeting they shall give notice by publication in one or more public newspapers of this State, and at the time and place thus appointed they shall proceed to the election of seven directors, who shall constitute the first board of directors, and the president shall be appointed by said board from the board; the president and directors shall hold their offices for the term of one year. Stockholders shall be allowed to vote in person or by proxy, as may be determined by the by-laws of the company. Subscription to the stock. Notice of meetinghow given. Election of directors. President. Term of office. Sec. 4. Be it further enacted , That said board of directors shall have power to purchase or to take or receive as donation such portion of land as they may deem necessary for the construction, use and protection of said railroad; and in case of disagreement between owners of said land and the board of directors in relation to the price of said land, or damage done thereto, it shall be lawful for said directors to appoint one disinterested freeholder as appraiser, and the owner of said land may appoint one other disinterested freeholder as an appraiser, if he should think proper, and the Ordinary of said county shall appoint one other appraiser, who shall be a disinterested freeholder, but if the owners of said land shall fail or decline to appoint an appraiser, then said Ordinary shall appoint two, all of whom shall be sworn to make a just, true and impartial valuation of said land; the report shall be in writing, signed by at least a majority of the appraisers, and accompanied with a description of the land taken, which shall have the force and effect of, and be considered as a judgment against said company for the amount awarded, and upon being filed in the Clerk's office of the Superior Court of the county in which the land lies, said Clerk shall issue execution for the amount so awarded against the company, with costs, and said description of land shall be recorded in said Clerk's office, and vest the fee simple title in the company to land so described; said appraisers shall take into consideration the enhanced value of the land by reason of the location of said railroad thereon, and such enhanced value of the land shall be deducted from the valuation that they

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may place upon it, and their award made for the balance. If either the owners of the land or the company should be dissatisfied with the award made by the appraisers, he or they may make affidavit that the award is illegal and unjust, and set forth the ground of complaint in the affidavit, and file the same in the office of the Clerk of the Superior Court of the county in which the land lies; then it shall operate as a supersedeas of said execution, and said affidavit shall be returned to the Superior Court of said county in which the issue shall be found and the controversy tried and determined. Directors may receive lands. Disagreement as to right-of-wayhow adjusted. Sec. 5. Be it further enacted , That said company shall build and keep in good order substantial bridges and ways across the said road where it may cross a public road. Bridges. Sec. 6. Be it further enacted , That each stockholder of said company shall be liable for the corporate debts to the extent of his unpaid capital stock. Sec. 7. Be it further enacted , That said company shall have power to elect or appoint all officers and agents it may deem necessary for the transaction of its business; it may purchase and hold all such real estate as may be necessary for the successful working of said railroad; its track at Cartersville may be connected with that of the Western Atlantic Railroad, and in the construction of the road, the superintendent of the Western Atlantic Railroad is authorized to furnish from the Western Atlantic Railroad, engines, cars and other facilities upon such terms as may be agreed upon between himself and said company, to be used in the construction of the road hereinbefore mentioned. Company may appoint officers. Track connectedhow Sec. 8. Be it further enacted , That as said road, when constructed, will be a feeder to the Western Atlantic Railroad, which is the property of the State, and as the cost of its construction will be very great, because of the country through which it must pass, and as it will aid greatly to develop the material interests of the State, it shall be the duty of the Governor of the State, and he is hereby required in behalf of the State, to indorse the guarantee of the State, on the first mortgage bonds of said company, to the extent of fifteen thousand dollars per mile, for that portion of said railroad which is completed and put in running order; when the indorsement is made, and whenever said company shall prepare and execute said bonds, and request said indorsement, before such indorsement shall be made, it shall be the duty of the Governor to ascertain that said road is thus completed and in running order, to the extent for which the indorsement is asked, and that it is free from liens and incumbrances, and that the property of said company used in connection with said railroad, and said railroad is free from all liens and incumbrances or mortgages, and said indorsement when so made shall operate as a first mortgage lien on all the property belonging to said company, and used in connection with said road, and said liens shall be superior to all others, until said bonds, with the interest accruing thereon, shall have been fully paid. Gov. to indorse bonds $15,000 per mile. Duty of Governor. State's lien.

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Sec. 9. Be it further enacted , That if said company shall not pay the interest accruing on said indorsed bonds as it matures, or if they shall not pay said bonds at their maturity, it shall be the duty of the Governor, upon notice thereof, to seize and take possession of said railroad, and of all the property of said railroad company used in connection with said railroad, and apply the earnings thereof to the extinguishment of said unpaid bonds and interest, and if the default shall be continued for six months, he may sell said railroad and property in such manner as may, in his opinion, be deemed best to subserve the interest of the State and said company. Road failing to pay bonds and interest, Gov. may seize road. When Gov. may sell road. Sec. 10. Be it further enacted , That said bonds so indorsed 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, it shall the duty of the Governor, after notice thereof, to withhold further indorsement, and any citizen of this 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: Provided , That no indorsement shall be made by the State until twenty miles are completed and put in good running order. Restriction on sale of bonds. Violation. Penalty. Proviso. Sec. 11. Be it further enacted , That in consideration of the difficulty in building a railroad through the mountains of Northeast Georgia, and of the further fact that no survey has yet been made as to the practicability of the different routes said railroad company, created by this charter, is hereby authorized to unite and consolidate with any other railroad company or companies heretofore chartered, or which may be chartered by this present General Assembly, upon such terms as may be agreed to by said railroad company; and said companies, when so united and consolidated, shall form one company, and shall have the rights, powers, privileges, benefits, advantages, aids, indorsements and guarantees to which either and all of said companies are entitled by any act of the Legislature, and shall be subject to all the liabilities, disabilities, disqualifications and restrictions imposed by any act of the Legislature of this State upon either and all of said companies prior to such consolidation; and said companies, so consolidated and united, may adopt and use the name of either of said companies as it existed prior to the consolidation, and in that name may receive, have and exercise all the rights, benefits, advantages, aids, indorsements and guarantees to which either and all of said companies were by law entitled prior to the consolidation, and shall be subject to all the liabilities, restrictions and disabilities, including debts, liens and mortgages to which either was liable prior to the consolidation; this act to be construed liberally in favor of the consolidated company, to secure the great object of building a first-class railroad through a difficult and much neglected but very valuable section of Georgia, in the full faith that the development caused thereby will add largely to the material wealth and prosperity of her people; but nothing in this

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section shall be so construed as to vest in said consolidated roads any greater benefit than the said roads have by their original charters and amendments thereto. Company may consolidate with other R. R. companies. Rights when consolidated. Name used. This act construed liberally. Restriction. Sec. 12. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 17, 1870. (No. 194.) An Act to incorporate the Albany, Mobile New Orleans Railroad, and for other purposes. Section 1. Be it enacted, etc. , That John Jackson, Benjamin G. Lockett, D. A. Vason, L. E. Welch, J. M. Mercer, Nelson Tift, L. P. D. Warren, John A. Doris, John Collins, Wm. J. Dews, B. H. Robinson, Owen O. Nelson, Sidney Rosser, C. B. Wooten, John B. Crim, F. L. Pepper, A. Hood, James Buchanan, R. W. Wade, B. M. Fryer and Jackson M. Gill, be, and they are hereby, constituted a body corporate and politic, under the name of the Albany, Mobile New Orleans Railroad Company, for the purpose of building and operating a railroad from Albany, Georgia, where it will connect with the South Georgia Florida Railroad, the Brunswick Albany Railroad, and such other railroads as the companies controlling them may desire to connect therewith, to the west bank of the Chattahoochee River, by a practicable route, by way of the town of Morgan, Calhoun county, Georgia, in the direction of Mobile, Alabama, and thence by such charter as the company may obtain by transfer or by grant, or by the union of the charters or railroads through the State of Alabama, to the city of Mobile, Alabama, and thence to the city of New Orleans, with such branch roads as the said company may deem necessary for the development of the country and the success of the corporation; this road and its branches shall be operated as a trunk road, and no discrimination shall be made in the carriage of freight or passengers against any railroad connecting at either terminus. Corporators. Purposes and powers. Sec. 2. The capital stock of the company shall be two million dollars, ($2,000,000) divided into shares of one hundred dollars each, ($100,) each share to have one vote, with the power to increase said capital stock by a vote of stockholders, as may be necessary, and for the purpose of enabling said company to accomplish its object; and to transact the business connected therewith, they are hereby invested with the same rights, powers, privileges and immunities, as the Air-Line Railroad Company, by their several charters and amendments thereto. Capit'l stock. Shares. May be increased. Sec. 3. The State of Georgia shall aid the said Albany, Mobile New Orleans Railroad Company, in the construction of

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their road within the State, by the indorsement of the bonds of the said company in the same manner, and on the same terms and conditions, and to the same extent per mile, as has been granted by law to the Bainbridge, Cuthbert Columbus Railroad Company. State shall aid by indorsement of bondsextent. Sec. 4. All laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 195.) An Act to incorporate the Boston Greenfield Railroad Company. Section 1. Be it enacted, etc. , That O. T. Lyon, W. L. Ledbetter and W. C. Carson, of Thomas county, and W. W. Watkins and Samuel Gay, of Colquitt county, and such others as shall be associated 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 Boston Greenfield Railroad Company. Corporators Rights. Sec. 2. That said company shall have power and authority to survey, lay out and construct, equip, use and enjoy a railroad from Boston, in the county of Thomas, to Greenfield, in the county of Colquitt, or any point in its vicinity, and to connect with any other road at such points as they may deem best; 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 five 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 hold real and personal estate to and for the use of said railroad. Special powers enumerated. Sec. 3. Be it further enacted , That in all cases where a question of right-of-way may arise, and the parties are unable to agree, the Sheriff of the county in which the land is situated shall summon 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 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

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from the building of the road passing through said land: Provided , That in no case shall the right-of-way embrance more than one hundred feet in width on each side of the road. Question as to right-of-wayhow adjusted. Sec. 4. Be it further enacted , That the corporators herein named shall be ex officio directors for said road for the year 1870, and until new directors are elected. Ex officio directors. Sec. 5. Be it further enacted , That said corporation shall have 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. Other powers. Sec. 6. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 26, 1870. (No. 196.) An Act to incorporate the Brunswick Augusta Railroad Company, and to confer certain powers and privileges upon the same. Section 1. Be it enacted, etc. , That John P. King, Josiah Sibley, Benjamin Conley, Thomas P. Branch, Thomas W. Coskery, W. W. Alexander, W. H. Goodrich, Ephraim Tweedy, William E. Jackson, H. H. Hickman, N. S. Finney, J. S. Armstrong, J. M. Coleman, F. D. Scarlett, John R. Cook, George L. Cook, A. G. Osgood, William Barkuloo, and such others as shall associate with them under said name, be, and they are hereby, declared a body corporate and politic, by the name and style of the Brunswick Augusta 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. Sec. 2. That said company shall have power and authority to survey, lay out and construct, equip, use and enjoy a railroad from the waters of Brunswick harbor, in the county of Glynn, to the city of Augusta, in the county of Richmond, or any point in its vicinity, and to cross or connect with any railroads now built or hereafter to be built at such point as they may deem best. Powers and duties defined. Sec. 3. That the capital stock of said company shall be two millions of dollars, with the privilege of increasing the same to five millions, to be divided into shares of one hundred dollars each. Capital stock may be increas'd 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. Conflicting laws repealed.

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Sec. 5. That the provisions of the act incorporating the Georgia Railroad Banking Company, and amendments, so far as applicable, shall be applied to said Brunswick Augusta Railroad Company. Provisions of act incorporating Ga R. R. Banking Co. applied. Sec. 6. That all laws or parts of laws militating against this act are hereby repealed. Approved October 26, 1870. (No. 197.) An Act to allow the Brunswick Albany Railroad to cross the Flint River at Albany, Georgia, and for other purposes. Whereas, The Flint River at Albany, Georgia, is already crossed by the bridge of Nelson Tift, having no draw in it, and said river is no longer navigated by steamboats or otherwise to that point Preamble. Section 1. Therefore be it enacted, etc. , That the Brunswick Albany Railroad are hereby authorized to cross said Flint River at Albany upon a bridge having no draw therein: Provided , It is done within a half mile of the bridge of said Nelson Tift aforesaid. May cross Flint River. Sec. 2. Be it further enacted , That all laws and parts of laws conflicting with the above are hereby repealed. Approved October 18, 1870. (No. 198.) An Act to loan the credit of the State to the Camilla Cuthbert Railroad Company, and for other purposes. Whereas, The construction of the Camilla Cuthbert Railroad is necessary to the development of a large and valuable agricultural region lying between the Flint Chattahoochee Rivers, in the counties of Baker, Miller, Calhoun, Early and Clay, and highly important to the people of this portion of Georgia; and whereas, the building of said railroad will be valuable to the commerce of Georgia, on account of its proposed connection with valuable railroads extending westward Preamble. Section 1. Be it enacted , That from and after the passage of this act, whenever said railroad company shall have completed and fully equipped ten consecutive miles of road at either or both ends

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of its line, it shall be the duty of the Governor of the State, and he is hereby required, for and in behalf of the State, to indorse the guarantee of the State, on the first mortgage bonds of the said railroad company, to the extent of twelve thousand dollars per mile for that portion thus finished, completed and equipped, and this rate and extent of indorsement shall be continued upon the same conditions for each subsequent section of ten miles, until said railroad is completed, it being the true intent and meaning of this act, that the State shall indorse the first mortgage bonds of said railroad company, to the extent of twelve thousand dollars per mile, for each mile of said company's line, whenever said railroad company shall prepare and execute said first mortgage bonds and shall make requests for such indorsements of guarantee thereof as aforesaid. Conditions upon which bonds shall be indorsed $12,000 per mile. Subsequent indorsem'nt Meaning of this act defined. Sec. 2. Be it further enacted , That if the last section of said railroad shall be less than ten miles, the indorsement shall be at the said rate of twelve thousand dollars per mile. Last section of road indorsed pro rata. Sec. 3. And be it further enacted , That sections three, four and five of an act to loan the credit of the State to South Georgia Florida Railroad Company, and for other purposes, approved September 26, 1868, be, and the same are hereby, declared to be a part of this act. Secs. 3, 4 and 5 of certain act made part of this. Sec. 4. Repeals conflicting laws. Approved October 26, 1870. (No. 199.) An Act to incorporate the Chattahoochee Air-Line Railroad Company. Section 1. Be it enacted, etc. , That C. C. Crews, John Webb, E. McDonald, Newton McCarthy and James A. Harrison, or a majority of them, are hereby constituted a board of commissioners, for the purpose of organizing the Chattahoochee Air-Line Railroad Company. Corporators Purposes. Sec. 2. And it is hereby further enacted by the authority aforesaid , That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed five hundred thousand dollars. Capit'l stock Sec. 3. And it is hereby further enacted by the authority aforesaid , That the said board of commissioners are hereby authorized and required, when the sum of one hundred 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 their successors are elected and installed, and said

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board of directors, as well as all other boards which may thereafter be elected, shall select from its own members a president, and have power to adopt by-laws for its own control, and the control of said company, and to appoint and employ such officers, agents and servants as it may deem proper. Election of board of directorsduties of. Sec. 4. And it is hereby further enacted by the authority aforesaid , 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 or she 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 fifty per cent. has been paid: Provided , No one shall be excluded from voting if the fifty per cent. has not been called for. Vote. Vote by proxy. Sec. 5. And it is hereby further enacted by the authority aforesaid , 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 third 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. When subscription books shall be opened. Sec. 6. And it is hereby further enacted by the authority aforesaid , 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 third 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 Chattahoochee Air-Line 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 and powers. Sec. 7. And it is hereby further enacted by the authority aforesaid , That said company shall have power to constuct, maintain, equip and use a railroad from Cuthbert, Eufaula or some point on the west bank of the Chattahoochee River, not exceeding twenty miles from Eufaula, as it may select, to Gainesville, on the Georgia Air-Line Railroad; 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. And it is hereby further enacted by the authority aforesaid , That the right-of-way of said company shall not exceed three hundred feet in width, and that in all cases where 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

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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 said Sheriff ten days' notice of the time and place of meeting of said jury, and neither party appeals to the Superior Court in ten days thereafter. Right-of-waylimit. When question arises, how adjusted. Sec. 9. And it is hereby further enacted by the authority aforesaid , That all laws and parts of laws conflicting with this act are hereby repealed. Approved October 3, 1870. (No. 200.) An Act to incorporate the Chattahoochee Railroad Company, and for other purposes therein mentioned. Section 1. Be it enacted, etc. , That W. T. Cox, W. C. Subers, C. C. Crews, J. A. Bean, J. V. Heard, J. Mulligan, B. H. Robinson, James Buchannon and H. C. Fryer, or a majority of them, are hereby constituted a board of commissioners for the purpose of organizing the Chattahoochee Railroad Company. Corporators Purposes. Sec. 2. And it is hereby further enacted by the authority aforesaid , That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed five hundred thousand dollars. Capit'l stock Shares. Sec. 3. And it is hereby further enacted by the authority aforesaid , That the said board of commissioners are hereby authorized and required, when the sum of one hundred 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 their successors are elected and installed; and said board of directors, as well as all other boards which may hereafter be elected, shall elect from its own number a president, and have power to adopt by-laws for its own control and the control of said company, and to appoint and employ such officers, agents and servants as it may deem proper. When directors to be elected, and duties of. Term of office. President. By-laws. Appoint officers. Sec. 4. And it is hereby further enacted by the authority aforesaid , 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 or she may represent by power of attorney; and in all elections thereafter each

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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 fifty per cent. has been paid: Provided , No one shall be excluded from voting if the fifty per cent. has not been called for. Votes. Proviso. Sec. 5. And it is hereby further enacted by the authority aforesaid , 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 third 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 turned over to board. Sec. 6. And it is hereby further enacted by the authority aforesaid , That when the subscribers to the capital stock of said company shall have convened and elected a board of direciors, under the provisions of section third 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 Chattahoochee 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, rights, powers, etc. Sec. 7. And it is hereby further enacted by the authority aforesaid , That said company shall have power to construct, maintain, equip and use a railroad from or near Colquitt to such point on the west bank of the Chattahoochee River as it may select, said point not to be north of Fort Gaines; 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. May construct R. R. from to. Powers necessary for. Sec. 8. And it is hereby further enacted by the authority aforesaid , That the right-of-way of said company shall not exceed three hundred feet in width, and that in all cases where 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 said Sheriff ten days' notice of the time and place of meeting of said jury, and neither party appeals to the Superior Court in ten days thereafter. Right-of-waywidth Where question of right-of-way how parties shall proceed. Sec. 9. That the Governor of the State be, and he is hereby, authorized and required to indorse the bonds of the said Chattahoochee

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Railroad Company upon the same terms and condition upon which he is authorized and required to indorse the bonds of the Georgia Air-Line Railroad Company, which terms and condition 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 conditions required by said act, and that the said Chattahoochee Railroad Company shall not sell any bond or bonds upon which may be indorsed the guarantee of the State for less then [than] ninety cents on the dollar. Gov. to indorse said R. R. bondsterms. Governor's duty. Restriction on sale of such bonds. Sec. 10. And it is hereby further enacted by the authority aforesaid , That all laws and parts of laws conflicting with this act are hereby repealed. Approved October 24, 1870. (No. 201.) An Act to incorporate the Chattooga Coal Iron Railroad Company. Section 1. Be it enacted, etc. , That A. P. Allgood, F. A. Kirby, Samuel Hawkins, John Kincade, Elijah C. Adams, H. D. C. Edmonson, Robert W. Jones, Isaac Smith, John Horn, J. F. Taliaferro, W. P. Hinton, D. P. Bass, T. Hiles, and such others as shall associate with them, 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 Chattooga Coal Iron Railroad Company. Corporators Rights. Sec. 2. Be it further enacted , That said company are hereby authorized to build a railroad from Trion Factory, in Chattooga county, by way of Summerville, to connect with the proposed Memphis Branch Railroad, or to the Alabama line in the direction of the Cornwall Iron Works, with the privilege of connecting with said Memphis Branch Railroad, or any other railway company, on such terms as may be agreed upon by the companies interested in such connection, 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 for the subscription of stock at the rate of one hundred dollars per share, at such times 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 railroad. Special powers enumerated.

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Sec. 3. Be it further enacted , That in all cases where a question of right-of-way may arise, and the parties are unable to agree, the Sheriff of the county in which said land is situated shall summon 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 right of appeal to the Superior Court, under the laws now in force regulating appeals to that court; and in 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, and in assessing damages, the amount of damages shall be balanced against the enhanced value, and if the enhanced value is more than the damages, the owner of said land shall pay the difference: Provided , That in no case shall the right-of-way embrace more than one hundred feet in width on each side of said road; and that the owner of said land shall not obstruct the building of said road by injunction, but shall take his course at the common law. Questions of right-of-wayhow adjudicated. Sec. 4. Be it further enacted , That the corporators herein named shall be ex officio directors of said road for the year 1870, and until new directors are elected. Ex officio directors. Sec. 5. Be it further enacted , That said corporators shall have full power to pass all by-laws and regulations necessary to carry out the objects of said corporation, not inconsistent with the laws of the State of Georgia and the United States. General powers. Sec. 6. Be it further enacted , That the capital stock of said Chattooga Coal Iron Railroad Company shall be two hundred thousand dollars, with the privilege of raising it to half a million. Capit'l stock Sec. 7. Be it further enacted , That the property and assets of said company be subject to taxation, as the property of individuals is. Taxation. Sec. 8. Repeals conflicting laws. Approved October 17, 1870. (No. 202.) An Act to incorporate the Columbus Atlanta Air-Line Railroad Company, and for other purposes therein named. Section 1. Be it enacted , That John L. Mustain, James K. Redd, C. C. Cody, and W. A. Bedell, of the county of Muscogee; Charles Bedell, James M. Mobly, W. W. Bruce and L. L. Stanford, of the county of Harris; Henry Harris, Joseph B. Heard, J. P. Atkinson and J. W. Stinson, of Meriwether county; John I. Whitaker, M. M. Tidwell, George W. Ware and William H. Blalock, of the county of Fayette; John H. James, A. Austell, M. G. Dobbins and

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James L. Dunning, of the county of Fulton, be, and they are hereby, constituted a board of commissioners for the purpose of organizing the Columbus Atlanta Air-Line Railroad; that a majority of said board shall have power to act upon all questions properly coming before them, under and by virture of the following charter. Corporators Purposes Sec. 2. That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of three millions of dollars, ($3,000,000.) Capit'l stock Sec. 3. That the said board of commissioners, or a majority of them, shall have power to open books of subscription for the capital stock of said company; and when the sum of one hundred thousand dollars shall have been subscribed to the capital stock of said company, and five per cent. paid, to convene the subscribers to the same, or the majority of them, for the purpose of electing from their own number a board of nine directors to manage and control the affairs of said company for one year, or until their successors are elected and installed; and said board of directors, as well as all other boards which may be thereafter 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. Books of subscripti'n Election of directors. President. By-laws. Sec. 4. That in the election hereinbefore provided for, each subscriber to the capital stock of said company, who has paid five per cent., shall be entitled to one vote for each share subscribed by him or her, or which he or she 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 3d 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 the said board of commissioners shall cease and determine. Books turned over to directors. 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 3d 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 Columbus Atlanta Air-Line 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, including the right to contract debts and issue bonds, and secure the same by mortgage whenever the

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board of directors may deem it necessary for the interest and success of the company. Style. Sec. 7. That said company shall have power to construct, maintain, equip and use a railroad from Columbus to Atlanta by the way of Hamilton, Harris county, or as near as practicable, Greenville, Meriwether county, and Fayetteville, Fayette county, to Atlanta; that said company shall have power to accept, purchase, have, lease and convey any property, real, personal or mixed, and to erect such buildings, shops, operate such machinery, and do such other things as it may deem proper for its advantage and benefits. Special powers. Sec. 8. That said company shall have the right to cross any other railroad on the route selected by the engineer, as most practicable for building the road, as authorized by this charter, this company to pay all expenses necessary to make said crossing safe and convenient, and that the directors of said company shall have power to contract with any other railroad company for the joint use of its track or right-of-way upon such terms as may be mutually agreed upon: Provided , There shall be no material deviation from the route already prescribed in this charter for said road from Columbus to Atlanta, or with the Western Atlantic Rail-railroad, upon such terms as may be agreed upon. May cross other roads. Sec. 9. That in all cases where a question of right-of-way arises, and the company cannot agree with the owner or representatives 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 the event of a disagreement, the Sheriff of the county in which such land is situated, at the request of either party, shall summon a jury of five (5) disinterested freeholders of said county, who shall assess the amount of damages to be paid by said company, after being duly sworn to do justice between the parties, taking into consideration the enhanced value of said land by reason of the building of said road: Provided , That either party shall have the right to enter an appeal to the Superior Court having jurisdiction of the cause within ten (10) days, upon payment of costs which may have accrued, which appeal shall be tried by a jury as other cases are tried. Questions of right-of-wayhow adjusted. Sec. 10. That the right-of-way of said company shall not exceed three hundred feet in width. Sec. 11. That the said company shall have power to receive land or other property in payment or part payment of the subscription to its capital stock, at such valuation as may be agreed upon, or may be assessed by three (3) 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 the interests of said company, and said land so received in payment or part payment of subscription to said capital stock shall be free from taxation so long as the legal title thereof remains in said company. May receive land.

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Sec. 12. That the Governor of the State be, and he is hereby, authorized and required to indorse the bonds of the said Columbus Atlanta Air-Line Railroad Company for twelve thousand dollars ($12,000) per mile whenever the said Columbus Atlanta Air-Line Railroad Company shall have completed and fully equipped twenty continuous miles of road at either or both ends of its line, said guarantee in behalf of the State on the first-mortgage bonds of said railroad company for that portion thus finished, completed and equipped, and the sum of twelve thousand dollars ($12,000) per mile for each successive twenty (20) miles when finished and equipped as aforesaid, until the final completion of the said road, it being the true intent and meaning of this act that the State shall indorse the first-mortgage bonds of said railroad company to the extent of twelve thousand dollars ($12,000) per mile for each mile of said company's line, whenever said railroad company shall prepare and execute said first-mortgage bonds and shall make request for such indorsement of guarantee thereof as aforesaid; that if the last section of said railroad shall be less than twenty (20) miles, said guarantee shall be given at the said rate of twelve thousand dollars ($12,000) per mile. Governor to indorse bonds of Co. $12,000 per milewhen Same for each successive 20 miles True intent of this act. Sec. 13. That, before any such indorsement shall be made, the Governor shall be satisfied that so much of the road as the said indorsement shall be applied for is really finished and in complete running order, and that said road is free from all mortgages or other legal incumbrances, which may in any manner endanger the security of the State, and upon the further condition and express understanding that any indorsement of said bonds as aforesaid, when made, shall not only subject all property of every kind within this State which may be purchased with said bonds to the obligation of said first-mortgage lien until all the principal and interest due on the bonds so indorsed shall be paid, but the said indorsement shall be, and is hereby, understood to operate as a prior lien or mortgage on all of the property of the company. Requisites to indorsement. Sec. 14. That the said Columbus Atlanta Air-Line Railroad Company shall not sell any bond or bonds upon which may be indorsed the guarantee of the State for less than ninety (90) cents in the dollar. Restriction upon sale of bonds. Sec. 15. Be it further enacted , That all laws and parts of laws in conflict with this act are hereby repealed. Approved October 17, 1870.

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(No. 203.) An Act to authorize the Central Railroad Banking Company of Georgia to straighten its line of road within certain limits, and for other purposes therein named . Section 1. Be it enacted, etc. , That the Central Railroad Banking Company of Georgia is hereby authorized and empowered to alter the line of its railway between Savannah and a point at or near the thirty mile station (known as Number Three) on said railroad, so as to make the same, as nearly as practicable, a straight line: Provided , The new track shall run through the village of Guyton, and a station and turn out be kept within the limits of the same. May alter its linewhere and how. Proviso. Sec. 2. Be it further enacted , That if any dispute shall arise between said railroad company and any land holder as to the right-of-way on said new line of track, the said right-of-way, and land necessary for the purposes of said railway, shall be acquired in the manner set forth and provided for in the charter of the said Central Railroad Banking Company of Georgia. Disputes between R. R. Co. and land ownerhow adjusted. Sec. 3. Be it further enacted , That all right, title and use of the old line of Central Railroad, between the points of intersection with the aforesaid new line of road, shall be forfeited by said Central Railroad Banking Company, should said company abandon said old line of road by not running daily trains on the said old line road. Old line of road forfeited. Sec. 4. Be it further enacted , That the aforesaid new line of road shall be completed within five years after the passage of this act, or this act shall be null and void. Must be completedwhen. Sec. 5. Be it further enacted , That all laws and parts of laws militating against the provisions of this act are hereby repealed. Approved October 26, 1870. (No. 204.) An Act to alter and amend an act entitled an act to incorporate the Stockholders of the Cartersville Van Wert Railroad Company, passed by the Legislature of Georgia, on the 13 th day of December , 1866. Section 1. Be it enacted, etc. , That an act passed the 13th day of December, 1866, by the Legislature of the State of Georgia, entitled an act to incorporate the stockholders of the Cartersville Van Wert Railroad Company, be, and it is hereby, altered and amended in the first section thereof, so as to change the name of

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said corporation from that of The Cartersville Van Wert Railroad Company to that of The Cherokee Railroad Company. Certain act altered. Sec. 2. Be it further enacted , That the second section of said act be altered and amended so as to consolidate the shares from twenty-five dollars each to one hundred dollars each, and scrip to be made and issued accordingly; and that said company may buy and hold, sell and convey, real or personal property, when deemed advisable for the interest of said company. Shares consolidated. Company may buy. Sec. 3. Be it further enacted , That the second section of said act be altered and amended so as to increase the capital stock of said company three millions of dollars, for and on account of the western and eastern extension of said road, to the State lines south and north, with liberty to the said company, if deemed by them necessary, to extend it to five millions of dollars, in shares of one hundred dollars each. Capit'l stock increased. Sec. 4. Be it further enacted , That, in executing all contracts for personal property or notes, or agreements for the payment of money or other things, the official signature of the president of the company, countersigned by the secretary, shall be sufficient to bind the said company with or without the seal of the company; but deeds of the conveyance of real estate shall have the seal of the company with the official signature of the president and secretary. Property executedhow signed. Sec. 5. Be it further enacted , That said company, by the title herein given, shall sue and be sued, plead and be impleaded; and all suits against said company shall be instituted and tried at Cartersville, Georgia, in the courts there to be held of competent jurisdiction. Company may sue. Sec. 6. Be it further enacted , That the increased stock herein provided for may be disposed of by sale or subscription, as may be ordered by the board of directors; and the said company shall have power, acting by their board of directors, to declare forfeited, and thereby cause to be forfeited, the stock and subscriptions to stock of the company of any stockholder or subscriber to stock who shall have failed, refused or neglected to pay up the installments called for and due on his, or her, or their subscriptions, unless such stockholder or subscriber to stock shall, within a period specified in the notification, and not less than sixty days from and after the publication of notice, pay up the amounts due and in arrears on the installments on subscriptions to stock which shall have been called for. Stock may be sold. Other powers of board Sec. 7. Be it further enacted , That section third of said act be amended by adding the following: whenever a jury shall be summoned, the Sheriff shall notify the Ordinary of the county in which said jury shall be summoned of the time and placewhich time and place shall be designated by the Sheriffat which said jury is summoned to meet; and it shall be the duty of said Ordinary to preside in the case submitted to said jury, and decide all questions as to admissibility of testimony and all other questions arising on the trial in the same manner and to the same extent

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that a Judge of the Superior Court may do on the trial of the appeals provided for in this section; said Ordinary may, in his discretion, postpone the hearing of such case to such time and place as he shall select: Provided , The postponement shall not be to any place without the county, nor longer than twenty days, nor more than once at the instance of the same party, except for providential cause; but every trial may be continued from day to day for the purpose of compelling the attendance of witnesses, or the production of testimony, or the completion of the trial, for the purpose of compelling the attendance of witnesses and the production of testimony, and all other purposes connected with the conduct of any case to be submitted to a jury; said Ordinary shall have and exercise all the powers of a Judge of the Superior Courts of this State in similar cases. Amendment to 3d section. Sec. 8. Be it further enacted , That all laws and parts of laws conflicting with the provisions of this act are hereby repealed. Approved October 25, 1870. (No. 205.) An Act to amend an act entitled an act to loan credit of the State to the Dalton Morganton Railroad Company, and for other purposes, approved March 18, 1869. Whereas, The early completion of the said Dalton Morganton Rairoad is a matter of great interest to the State of Georgia, it forming one link in the trans-continental railway known as the Southern Pacific Railroad; and whereas, the aid already granted is deemed insufficient to secure the early completion of said Dalton Morganton Railroad: therefore Preamble. Section 1. Be it enacted, etc. , That the Governor of said State be, and he is hereby, authorized and required to indorse the bonds of said company to the amount of fifteen thousand dollars per mile, in lieu of the twelve thousand dollars per mile provided for in the act of which this act is amendatory, when fifteen miles of said road shall be completed and fully equipped, as provided in said act of which this is amendatory. Gov. to indorse bonds $15,000 per mile. Sec. 2. Be it further enacted by the authority aforesaid , That all acts and parts of acts militating against the provisions of this act be, and the same are hereby, repealed. Approved August 31, 1870.

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(No. 206.) An Act to incorporate the Eatonton Union Point Railroad Company. Section 1. Be it enacted, etc. , That for the purpose of building, keeping up and using a railroad communication from the town of Eatonton, Georgia, to Union Point, Greene county, Georgia, the principal office of which shall be located at Union Point, at which office the annual election of directors shall be held, James B. Hart, Lorenzo D. Carlton, Colonel James N. Armor, Rowan H. Ward, Captain John S. Reid, James C. Dunham, Colonel H. D. Capers, and their associate successors and assigns, be, and they are hereby, declared to be a body corporate and politic under the name and style of the Eatonton Union Point Railroad Company, and as such shall be capable in law to purchase, accept, lease or hold, sell and convey personal and real estate, and make contracts, sue and be sued, plead and be impleaded in any court of law of equity in this State having jurisdiction; to make such by-laws, appoint all necessary officers and prescribe their duties, and to do all lawful acts properly incident thereto and connected with the objects of said company as are necessary for the government and transaction of its business; to make and use a common seal and the same to alter or destroy at pleasure: Provided , That their by-laws be not repugnant to the Constitution of the United States and of this State. Purposes. Corporators Style. Powers and liabilities. Proviso. Sec. 2. Be it further enacted , That all the rights, privileges, immunities and liabilities arising under or extended to the Dalton Morganton Railroad Company under their charter, approved October 9, 1868, be, and the same are hereby, extended to the Eatonton Union Point Railroad Company, as freely, perfectly and as binding as if fully expressed in this act. Privileges of D. M. R. R. Co. extended to this. Sec. 3. Be it further enacted , That all laws in conflict with this act be, and the same are hereby, repealed. Approved October 18, 1870. (No. 207.) An Act to incorporate the Fort Valley Hawkinsville Railroad Company, and to grant certain powers and privileges to the same, and for other purposes. Section 1. Be it enacted, etc. , That B. F. Thorpe, J. T. Cooper, E. L. Felder, W. A. Mathews, D. H. Houser, H. M. Holtzclaw, H. L. Dennard, Madison Marshall, J. G. Brown, Aug. A. Jeter, C. N. Rountree, C. C. Duncan, J. Dickson Smith, Wm. Brunson, H. R. Felder, J. W. Wimberly, D. M. Brown, R. W. Baskins, T. J.

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Cater, J. A. Holtzclaw, of the county of Houston, or such of them and such other persons as shall associate under this act, be, and they are hereby, incorporated and made a body corporate and politic, with all of the rights and privileges common and necessary to such corporation, under the name and style of the Fort Valley Hawkinsville Railroad Company. Corporators Style. Sec. 2. And be it further enacted , That said company shall be authorized to build a railroad from the town of Fort Valley, in Houston county, to the Ocmulgee River, near or at the town of Hawkinsville, in Pulaski county; that they shall have the power to consolidate their stock, and unite with the Southwestern Railroad Company, or the Macon Brunswick Railroad Company, on such terms and conditions as may be agreed upon by them, and such company as they may unite with; and may charge such amounts for freights and travel as they may deem expedient, and to open books and procure subscription of stock at such times and places as may be thought proper, by the above named persons, or any five of them; may have and use a common seal; sue and be sued, plead and be impleaded in any court of law and equity in this State, and shall by a vote of the stockholders elect seven directors, who, from their number, shall elect a president; said board of directors shall have authority to make such rules and regulations, or by-laws, as may be necessary and proper for carrying into effect the powers and objects of such corporation: Provided , Such rules and regulations be not repugnant to the laws and Constitution of the State, or of the United States. Special authority. Sec. 3. That the capital stock of said company shall be five hundred thousand dollars, and shall be divided into shares of not exceeding one hundred dollars each; and, at the election of said board of directors, said stockholders shall be entitled to as many votes as they own shares in said company. Capit'l stock Votes. Sec. 4. That said board of directors and president shall be elected on the first Monday in November, 1870, and on the same day of each and every year thereafter, and shall have power to appoint all agents and officers in said road, and fix the salaries thereof; and said company shall have the power, through said board of directors and president, to borrow money, to make contracts, hold real and personal property to and for said road: Provided , Said contracts shall not be binding on said company unless signed by the president and countersigned by the secretary of said company; provided they shall be responsible for the amount of stock owned by them. Board of directorswhen elected. Sec. 5. And be it further enacted , That the board of directors shall have power to select and take, buy or purchase, or receive as a donation or otherwise, such strip or strips of land, not exceeding two hundred feet in width, between the points selected for the beginning and terminus of said road, as they may deem necessary for the construction of said road, and in all cases in which difficulties or disputes may arise between individuals or corporations, and such company or their directors, as to the right-of-way or

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damages to the land on which such right-of-way may be located, it shall and may be lawful for either party to apply to the Sheriff of the county in which such land may be located to summon a jury of five freeholders, who shall enter on the land sought to be appropriated to the use of said company, and award in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of the county under the same rules and regulations which apply to appeals in said court, and in all cases, such freeholders, and the jurors in such Superior Courts, in addition to the usual oath, shall be sworn, in assessing damages, to take into consideration the prospective value of the road to the land and premises through which it may run, and to have evidence touching the same; and upon the payment of the damages so assessed as aforesaid, a fee simple title to such lands as may be necessary for the location of such road, buildings and depots shall vest in said company. May purchase strips of landfor what purpose. Disputes as to right-of-wayhow adjusted. Sec. 6. That the company aforesaid shall have perpetual succession of members, and shall have the exclusive right of said franchise, so far as relates to the building of a railroad from, or near, or within twenty miles of the line above indicated; shall be deemed a common carrier as regards all goods and merchandise and property entrusted to them for transportation, and said company shall have the power to do and perform all and every such [Illegible Text] acts as are permitted and allowed to other companies for similar purposes, and it shall be the duty of the Southwestern Railroad Company and the Macon Brunswick Railroad Company, or either of them, to transport without delay all freights delivered to them by said company. Succession and exclusive rights. Sec. 7. And all laws and parts of laws in conflict with the foregoing be, and they are hereby, repealed. Approved September 23, 1870. (No. 208.) An Act to incorporate the Flat Rock Railroad Company, and for other purposes. Section 1. Be it enacted , That Robert M. Clarke, John H. James, John P. King, Richard Peters, George W. Adair, George Christie, Thomas Robinson and E. Van Winkle, corporators, and their associates, successors and assigns shall be, and they are hereby, incorporated and made a body politic, with all the rights, privileges and franchises heretofore granted to railroad incorporators in this State, under the name of the Flat Rock Railroad Company. Corporators Rights and privileges. Sec. 2. That said company shall be authorized to build a railroad from the nearest practicable point in DeKalb county, on the

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Georgia Railroad, to Flat Rock, in DeKalb county, charging such amount for freight and travel as may be deemed expedient, and to open books and procure subscription of stock at the rate of one hundred dollars per share, at such times and places as may be thought proper; to elect a president and directors; to borrow money, make contracts, hold real and personal estate to and for the use of said road; that they may have and use a common seal, and sue and be sued, plead and be impleaded in any court of law and equity in this State; and by a board of directors make all such rules and regulations or by-laws as are or may be necessary for the good of the corporation and effecting the object for which it is created: Provided , Such rules and reglations be not repugnant to the Constitution and laws of the State of Georgia and of the United States. Authority. Shares. President and directors. Seal. Plead and be impleaded. Sec. 3. That the capital stock of said company shall be five hundred thousaud dollars, ($500,000,) in shares of one hundred dollars each, which said capital stock may be increased to one million of dollars, should the exigency and wants of the company require it; and that they be authorized to unite and consolidate their stock with the stock of the Georgia Railroad Banking Companyshould such be deemed advisable by a majority of the stockholders of such companyupon such terms and conditions as shall be satisfactory to both. Capit'l stock and shares. May increase. May consolidate stock with Ga. R. R. Banking Co. Sec. 4. That the board of directors of the aforesaid company shall have power to select and take or receive as donations such strip or strips of land between the points selected for the beginning and terminus of said road, and of such width as they may deem necessary for the construction of said road, not to exceed one hundred feet on each side; and in all cases in which any difficulty may arise between individuals or corporation and said company, or their directors, as to the right-of-way, or damages to the land in which the same may be located, it shall and may be lawful for either to apply to the Sheriff of the county in which such lands may be located, who shall summon a jury of five freeholders, who shall enter upon the land so sought to be appropriated to the use of said company, and award in writing the amount of damages, if any, to be paid by said companyeither party having the right to appeal to the Superior Court of said county, under the same laws and regulations which apply to appeals in said court; and in all cases in which freeholders and the jurors in said Superior Court, in addition to the usual oath, shall be severally sworn, in assessing damages, to take into account the prospective benefit of the road to the lands and premises through which it may run: Provided , That no person owning stock in said road shall serve as jurors in said case, nor give evidence touching the same; and upon the payment of the damages so assessed as aforesaid, the fee simple titles to such lands as may be necessary for the location of such road, buildings, depots and other necessary purposes shall vest in said company. May receive donations. Maximum width of road. Damages for right-of-way may be determined by jury of five. Upon payment of damages shall have title. Sec. 5. That the company aforesaid shall have a perpetual succession of members, and shall be deemed a common carrier as

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respects all passengers, goods, wares and merchandise, and property entrusted to them for their transportation, and the said company shall have power and authority to do and perform all and every corporate act, as are committed and allowed to any company incorporated for similar purposes in this State: Provided , Nothing herein contained shall be so construed as to prevent the Legislature from taxing the stock and other property of the road in the same manner and to the same extent that other property is taxed, so soon as the road is completed and in operation. Company succession. Taxation. Sec. 6. That it shall be the duty of the directors of said railroad company to keep at their principal office, or place of doing business, a stock-list containing the names of the stockholders in said company, and the number of shares owned by each, which list of stockholders shall at any time and at all times be subject to the inspection of any person desiring to see the same. Shall keep stock list. Sec. 7. That in all controversies between said company and land owners, as provided for in this act, the commissioners and jurors shall take into consideration the benefit as well as injury arising to the land holder from the construction of said road. Damageshow assessed. Sec. 8. That all laws and parts of laws militating against this act are hereby repealed. Approved October 27, 1870. (No. 209.) An Act to incorporate the Griffin, Monticello Madison Railroad Company, and for other purposes therein named. Section 1. Be it enacted, etc. , That, from and after the passage of this act, James S. Boynton, James A. Beeks, F. S. Fitch, of Spalding county; James W. Harkness and Wiley Goodman, of Butts county; John C. Key and James M. Darden, of Jasper county; E. E. Jones and , of Morgan county, and their associates, successors and assigns, be, and they are hereby, created and declared to be a body corporate and politic by the name of the Griffin, Monticello Madison Railroad Company, and in 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 may purchase, hold, lease and convey any property, either real or mixed, necessary for the purposes hereinafter named. Corporators Style. Powers and liabilities. Sec. 2. And be it further enacted by the authority aforesaid , That said company shall have power and authority to survey, lay out, construct and build a railroad from Griffin, in the county of Spalding, through the counties of Butts, Jasper and Morgan, to the city of Madison, in Morgan county, and the same to equip, use and enjoy, with all the rights, privileges and immunities granted to the

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Central Railroad Banking Company, (except banking privileges,) and subject to the same liabilities imposed upon said company, so far as the same may be applicable under this act and the several acts amendatory thereof heretofore passed, with full authority to receive and take the right-of-way for said railroad of like width, and under the same restrictions and liabilities as described in said acts. Purposes and special powers. Sec. 3. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be one and one-half million dollars ($1,500,000) divided into shares of one hundred dollars each. Capit'l stock Sec. 4. Be it further enacted by the authority aforesaid , That the officers of said company shall consist of a president, secretary and treasurer, and seven (7) or more directors, to be chosen at such time and in such manner as the corporators, or a majority of them, may determine; and said president and board of directors shall have full power to establish by-laws, rules and regulations for managing the business of said company; that said company, through their board of directors, shall have power to borrow such sums of money as may be necessary for the construction and equipment of said road, and to issue mortgage bonds of the company in such form as said directors may prescribe, and may sell and dispose of such bonds according as the necessities of the company may require, and to secure and provide for the payment of said bonds, or such other debts as the company may contract, and all such acts of the board of directors shall be valid and binding upon the company. Company officers. Power of board. Borrow money. Sell bonds. Sec. 5. Be it further enacted by the authority aforesaid , That a majority of said board of directors shall constitute a quorum, and, in the absence of the president, may elect a president pro tem. , whose acts and doings shall be legal and binding upon the company. Said board of directors shall have power to call conventions of the stockholders at such time as may be necessary for the interests of the company; and they are required to call a convention of the stockholders once a year for the purpose of electing officers; that said board of directors shall have such powers and privileges, not herein enumerated, as the board of directors of the Central Railroad Company now have and enjoy. Quorum. President pro tem. Sec. 6. Be it further enacted by the authority aforesaid , That said railroad company shall be authorized to sell, lease or transfer its privileges in said road to any other company, corporation or individual, upon such terms as may be agreed upon: Provided , That nothing herein contained shall exempt said company from liability, and they are hereby made as liable under existing laws as the Central Railroad Company. Company may transfer its privileges. Proviso. Sec. 7. That the Governor be, and he is hereby, authorized to indorse the mortgage bonds of said road to the amount of fifteen thousand dollars per mile after the completion of the first twenty miles, for which indorsement the State shall have the first lien on the road and its equipments and rolling stock, according to the

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same conditions as specified in the charter of the Bainbridge, Cuthbert Columbus Railroad; and said company shall be considered and held, in the event of indorsement of its bonds by the State, under the same liability to the State as the said Baindridge, Cuthbert Columbus Railroad Company would be under the same circumstances. Gov. to indorse the bonds. State's lien. Sec. 8. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 17, 1870. (No. 210.) An Act to incorporate the Great Southern Railway Company. Whereas, A company has been incorporated by an act of the State of Florida for the purpose of constructing and operating a railroad through the entire extent of the Peninsula of Florida, from the St. Marys River on the north to Key Biscayne Bay on the south, and also for the purpose of operating a line of steamers across the Strait of Florida, between the southermost accessible point of the Peninsula of Florida to Cuba and the other West India Islands; and whereas, the opening of a direct connection between such through line to Cuba and the railroads of Georgia, will be of incalculable benefit to this State by opening across a large and valuable portion of its territory that has hitherto been unprovided with railroad advantages, a grand trunk line between the West India Islands and the entire north and northwest: therefore Preamble. Section 1. Be it enacted, etc. , That A. C. Osborne and A. C. Burke, of the State of New York; M. L. Stearns and Horatio Jenkins, Jr., of the State of Florida; M. H. Albenger, of the city of Washington, D. C.; W. P. Rhodes, W. H. Stallings, W. C. Crittenden, L. A. Pond and Samuel Levy, of the State of Georgia, and such other persons as may become associated with them by becoming stockholders in said company, their successors and assigns, are hereby created, and shall forever be a body corporate and politic by the name and style of the Great Southern Railway Company, and by such name shall be capable in law to purchase, receive, hold and convey, and quietly enjoy lands and tenements, goods and chattels, property of every kind and effects whatsoever (the same may be), and the same to grant, sell and mortgage, and convey and dispose of; to sue and be sued; to plead and be impleaded; to contract and be contracted with; to make a common seal, and at pleasure to alter or break the same; to ordain, establish

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and put in circulation such by-laws and regulations as may be deemed necessary and expedient for the government of and for conducting the business of said corporation, not being in conflict with the laws of the United States and of the State of Georgia. Corporators. Style. Powers. Sec. 2. Be it further enacted , That said company shall have the right, and is hereby authorized and empowered, to construct, equip and operate a railroad and telegraph line from Millen, in Burke county, in as nearly a straight line as the topography of the country will allowsaid line to be determined by a competent engineer to be appointed by said companyto the St. Marys River, there to connect with the road of the Great Southern Railway Company, of Florida; and said company is hereby authorized and empowered to cross railroads and other roads, and to connect with railroads which it may cross, by switch or otherwise, as the interests of trade may demand. Special rights and powers. Sec. 3. Be it further enacted , That the capital stock of said company shall be three millions of dollars, ($3,000,000,) divided into shares of one hundred dollars each, but said company may, by a vote of two-thirds of its board of directors, increase its capital to four millions of dollars ($4,000,000.) Every person holding the stock of said company shall be liable for all assessments or installments that may fall due, and if any assessment or installment is not paid when due, the stock upon such assessment or installment shall be liable to forfeiture to the company, and shall be so forfeited if so declared by a vote of the board of directors, sixty days' previous notice having been given in writing to the holder of such stock. Books of subscription shall be opened within sixty days after the passage of this act under the charge and supervision of J. W. Clift, of the State of Georgia; T. W. Osborn, of the State of Florida, and James E. Ludden, of the State of New York, who are hereby appointed commissioners for that purpose; and the said commissioners, or a majority of them who shall act, are hereby authorized and empowered to open books and receive subscriptions to the capital stock of said company: Provided , That said books of subscription may be opened and subscriptions made either in the State of Georgia or the city of New York, or in both. Subscriptions may be made to the capital stock of said company in lands, labor or materials, upon such terms as may be agreed upon by the board of directors and the owners. Capit'l stock Shares. Individual liability. Delinquent stockholder Forfeiturehow. Commissioners. Subscripti'n books. Sec. 4. Be it further enacted , That when two-thirds of the capital stock is subscribed, notice shall be given in some newspaper published in Georgia, and in the city of New York, that a meeting of the stockholders will be held at the time and place designated in said notice, which place may be either in Georgia or New York, for the purpose of electing directors, who shall be chosen from the stockholders of said company; stockholders shall be entitled to one vote for each share of the stock held by them, and stockholders may vote by proxy; a majority of votes cast shall be necessary to constitute a choice of directors; the directors so elected shall continue in office one year, or until new directors are duly elected;

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the directors so elected shall from their own body choose a president, and in like manner in each and every year the directors and, president shall be chosen; vacancies which may occur in their body between the periods of the annual elections may be filled by the directors: Provided , That if, from any cause, there shall be no election, the corporation shall not be dissolved, but the directors and other officers then in office shall continue in office with all the powers herein mentioned, until the election of new directors shall take place. Election of board of directors. Votesproxy. President. Annual election. Proviso. Sec. 5. That said directors, or a majority of them, may make such rules and regulations and such by-laws for the payment of stock, and for all other purposes, as they may deem expedient and proper; said company by their electors may elect and employ all other officers, such as secretary, treasurer, agents, engineers and superintendents, and discharge them at pleasure. Powers of directors. Sec. 6. That in the construction and operation of said road, the said company shall have the right to build all bridges necessary to enable the railroad (or any of its branches) to cross any rivers or streams; but in crossing navigable rivers or streams, suitable draws shall be constructed to admit and provide for the passage of all steamboats and other water-craft usually navigating such rivers or streams, and said draws shall at all times be kept in good order, and shall be opened whenever necessary for the commerce of such rivers and streams. Bridges. Sec. 7. That said company shall have power to cross railroads and other roads, and to select and take, buy, hold or receive as a donation such piece or pieces of land as it may deem necessary for the construction of said road, or the location of its depots or works; and in all cases where the question of the right-of-way arises, or when the said company shall take possession of any land, timber, earth, stones or other material for the construction or keeping in repair of the same, or any part thereof, and the parties cannot agree as to the damages, the owners thereof shall select a man, and the company shall select a man, who shall be disinterested persons, and, if the two cannot agree, they shall select a third, and the three shall assess the damages to be paid by the said company. The men thus selected to assess the damages shall be sworn to take into consideration and account the prospective value of the road to the land through or near which it may run; and upon payment, by said company, of the damages assessed as aforesaid, the fee simple title to such lands, timber, earth, stones or other material taken, shall vest in the said company: Provided , That the right-of-way shall, in no case, embrace more than one hundred feet in width on each side of the track of said railroad; and that the construction of said road shall in no case be hindred, impeded or delayed by reason of any question of damages or unsettled claims. Cross other roads. Sec. 8. That the directors of said company shall have the right to demand and receive such prices and sums for fare and transportation

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of freight, produce and merchandise as may be authorized and fixed by said company. Regulate fare. Sec. 9. Be it further enacted , That said company are hereby authorized, if it be found necessary for the construction, equipment or keeping in repair said road or its branches, to issue bonds of such denomination and value, and bearing such rates of interest, and payable at such times and places, as the board of directors may determine, and such other evidences of indebtedness as the said board may determine. May issue bonds. Sec. 10. That said company shall begin the construction of said road within two years after the passage of this act, and complete the same within ten years. Must begin road in two years. Sec. 11. That said company is hereby authorized and empowered to unite and consolidate its stock, and road, and franchises, and connect with the Great Southern Railway Company, incorporated under the laws of the State of Florida, to such an extent and on such terms as it may deem expedient; and in case of such consolidation, such consolidated company shall be invested with all the rights and privileges conferred by this act, and shall be subject to all limitations and restrictions herein imposed. May consolidate and connect with G. S. R. W. Co. Sec. 12. That no stockholder's property shall be liable for any greater sum than the unpaid amount of stock for which he has subscribed; that this act shall be deemed and held a public act, and the courts of the State shall take judicial notice thereof without special pleading. Liability. Public act Sec. 13. Be it further enacted , That when as much as ten miles of said railroad is finished and in complete running order, and the Governor is satisfied of that fact, it shall be his duty to place the indorsement of the State on the bonds of said company for the amount of twelve thousand dollars for every mile then completed, and a like amount for every mile afterwards completed; and the faith of the State shall be bound for the payment of the bonds so indorsed, and shall constitute a lien on said railroad and all its property, real and personal, of superior dignity to any other lien or incumberance without regard to date; and all the property of the company shall be vested in the State by such indorsement so far as to authorize the Governor to seize and sell the same for the payment of the bonds thus indorsed by the State, or the interest accruing thereon, whenever the road shall fail to pay the same; and the Governor may, in his discretion, run said road and pay the net profits towards the liquidation of any such debt; and if it should become necessary for the Governor to sell any of the property of said company for the purposes aforesaid, he shall sell the same in such manner and on such terms as he may deem best for all concerned; said company shall not sell or in any manner dispose of the bonds so indorsed for less than ninety cents in the dollar. When Governor shall indorse bonds $12,000 per mile Company in default, road may be seized and sold. Sec. 14. That all laws and parts of laws heretofore enacted, that affect or are inconsistent with the provisions of this act, are

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hereby declared inoperative and void, so far as they affect or are inconsistent with the provisions of this act. Approved October 17, 1870. (No. 211.) An Act to incorporate the Georgia Seaboard Northwestern Railroad Company, and to grant certain powers, privileges and aid to the same, and for other purposes. Section 1. Be it enacted, etc. , That Henry Banks, John W. O'Neal, William Tomlinson, John T. Carroll, Thomas Paulk, R. W. Clements, George Young, Elijah Butts, John B. Lewis, Joseph Armstrong, J. P. Herron, B. W. Brown, Thomas J. Speer and William H. Dasher, and associates, or such as shall organize and take stock under this act, are incorporated and made a body politic, with all the rights and privileges necessary and common to such incorporations, under the name and title of the Georgia Seaboard Northwestern Railroad Company, for the purpose of building a railroad from Lawton, on the Atlantic Gulf Railroad, connecting with Savannah, Brunswick and St. Marys, on the coast of Georgia; also with Live Oak, in the direction of the Gulf of Mexico, running to Mill Town or Grand Bay, to or near Nashville, and up the highlands between the waters of the Allapaha and Little Rivers, to or near Vienna, and from there on between the Ocmulgee and Flint Rivers, by Fort Valley, Knoxville, Culloden to Barnesville, connecting with the Macon Western Railroad, to Atlanta and threat with the great Northwest by the Western Atlantic Railroad. Corporators Title. Purposes. Sec. 2. Be it further enacted , That said above named persons, or any five of them, after giving fifteen days' notice in some public gazette of this State, may organize and select a board of directors, one of which shall be president; shall open an office in this State, have a common seal, and open books of subscription for twenty-five thousand shares, at one hundred dollars a share, each share having one vote in all elections, and may increase its stock from time to time, but not to exceed fifty thousand shares; may sue and be sued, plead and be impleaded in any court in the State, and may make all necessary rules and by-laws to carry into effect the powers and design of said incorporation: Provided , Such rules are in keeping and consistent with the Constitution and laws of the United States and of this State. When [Illegible Text] may organize and select board. Seal. Shares. Vote. Powers and liabilities. Sec. 3. Be it further enacted , That said company shall have the right-of-way to survey and locate said road, as set forth in section first, not to exceed two hundred feet in width, and whenever a disagreement for the right-of-way shall occur, the party owning or

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acting as attorney for a bona fide owner of the land shall select one referree and the agent of the company shall also select one referree, both to be disinterested freeholders of the same county, who shall examine the premises, and, under oath, after taking into consideration the present and prospective value of the road to the land thereon, fix the real damage if any; if they do not agree, then the referrees shall choose a person, the owner and company one person each, and from the three persons one shall be drawn, who shall, under oath, act as umpire in deciding, which decision shall be filed with the Superior Court of the county in which the land is located; such decision being filed, their action shall be final and shall free the company from injunction on its operation. Question of right-of-wayhow settled. Sec. 4. Be it further enacted , That, from and after the passage of this act, whenever the Georgia Seaboard Northwestern Railroad Company shall have completed and equipped twenty miles of road at either or both ends of said road, it shall be the duty of the Governor of the State, and he is hereby required, for and in behalf of the State, to indorse the guarantee of the State, on the first mortgage bonds of said railroad company, to the extent of twelve thousand dollars per mile for so much as is finished and equipped, and it shall be the duty, and is hereby required, to indorse a like guarantee on first mortgage bonds of said company, twelve thousand dollars per mile, for the second section of twenty miles, and so on for each section of twenty miles, when made satisfactory to the Governor, until the said railroad is completed; if the last section is less than twenty miles, the indorsement shall be the same ratio of twelve thousand dollars per mile. When Governor shall indorse bonds of Co. $12,000 per mile. Sec. 5. Be it further enacted , That if in any case any bond or bonds indorsed by the State, as provided for in this act, or the interest thereon shall not be paid by said company at maturity, or when due and demanded, it shall be the duty of the Governor, upon complaint or information of such default, given by any holder of said bond or bonds so indorsed, to seize and take possession of the property of said railroad company, and apply its earnings to satisfy said claim on said bond or bonds, or coupons, and may sell said railroad and equipments, and other property belonging to said company, at such time and place, and in such manner as in his judgment would best subserve the interest of all concerned. Co. failing to pay the bonds at maturity, Gov. shall seize property, etc. Sec. 6. Be it further enacted , That all laws and parts of laws conflicting herewith are hereby repealed. Approved October 26, 1870.

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(No. 212.) An Act to authorize the Intendant and Wardens of the town of Athens to aid in the extension of the Georgia Railroad, or the construction of any other railroad from Athens to the Rabun Gap. Section 1. The General Assembly of the State of Georgia do enact , That the Intendant and Wardens of the town of Athens may subscribe to the capital stock, or contribute, or indorse the bonds for the extension of the Georgia Railroad, or any other railroad, from Athens to the Rabun Gap, in Rabun county, Georgia: Provided , That said subscription, contribution or indorsement of bonds shall not exceed the sum of two hundred thousand dollars; And provided , That a majority of the qualified voters of the town of Athens, voting at an election held by the authority of said Intendant and Wardens for the purpose, shall have voted in favor of said subscription, contribution or indorsement as aforesaid. City authorities of Athens subscribe to Ga. R. R. Proviso. Approved October 22, 1870. (No. 213.) An Act to incorporate the Grand Trunk Railroad Company; to grant State aid to the same, and for other purposes herein named. Section 1. Be it enacted, etc. , That W. H. Thorp, H. A. Underwood, E. McDonald, William M. Moore and William T. Worn, 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 Grand Trunk Railroad 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 Style. Rights, powers and privileges. Sec. 2. And be it further enacted , That the capital stock of said company shall not exceed six millions of dollars, to be divided into shares of one hundred dollars each. Capit'l stock Sec. 3. That the said incorporators, or a majority of them, are 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 directors to manage and control the affairs of said company for one year, or until 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, employees and servants as it may deem proper. When $50,000 subscribed shall convene and elect board of directors. Election of president.

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Sec. 4. That said company be authorized to build a railroad from the Savannah River, at or near Harper's landing, via Millen, to such point on the Florida line as may be ascertained most advantageous and practicable, crossing the Atlantic Gulf Railroad at any point between Stockton, Clinch county, Georgia, and Bainbridge, Decatur county, Georgia, and to Albany, in the county of Dougherty; and the said company shall have the right to charge upon every mile, when completed, such amount for freights and passengers as may be deemed expedient; that the amount of freight so charged shall not exceed one cent per hundred pounds per mile, and the fare of passengers shall not exceed six cents per mile. Authority. May charge for freightshow much Sec. 5. That the said company shall have full power and authority to borrow money, make contracts and purchase or receive in gift, accept, lease, have, hold, possess and enjoy real and personal estate for the use of the said road; and in all cases where a question of right-of-way may arise, and the parties shall be unable to agree, the Sheriff of the county in which the land is situated shall summon 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 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. General powers enumerated. Sec. 6. That the capital stock of said Grand Trunk Railroad Company shall be free from taxation and exempt therefrom, whether the same be State, county or municipal, until said road shall be completed. Taxation. Sec. 7. That the said company shall have full and perfect right and power to consolidate with any other railroad company in or out of this State, or to purchase or lease any other railroad now completed, or in process of completion, or hereafter to be built: Provided , That in case of any such consolidation with any other railroad company, the debts and liabilities of the said Grand Trunk Railroad Company shall always be assumed by the consolidated company; and in the event of the purchase of any other railroad by said company, the debts and liabilities of said company shall be and constitute a lien upon such purchased road, as if the same had originally been a part of the road authorized to be built by this act: Provided , That any liens or incumbrances on said road so purchased, which shall be existing at the time of such purchase, and be assumed, in consideration of the sale, by the said Grand Trunk Railroad Company, or which may be created in consideration of the purchase money thereof, by said company, shall be of higher rank and dignity than the other debts and liabilities of said company, and shall be prior liens upon the roads so purchased. May consolidate with other roads. Proviso. In event of purchase of other road. Proviso.

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Sec. 8. That all cities and towns upon or near the line of said Grand Trunk Railroad be, and they are hereby, fully authorized and empowered to subscrlbe for and purchase capital stock in the said company in such amounts as the citizens may elect, and the municipal authorities of said cities and towns are hereby authorized to order elections to be held under the supervision of the proper officers of elections, and at such elections to submit to the qualified voters of such cities and towns the question of subscription or no subscription, and also the amount proposed to be subscribed; and if such elections result in favor of subscription, the municipal government of such cities and towns are hereby directed and required to subscribe for the amount of capital stock elected, in the name and for the use and benefit of their respective corporations; and the said cities and towns are likewise authorized and empowered, for the purpose of paying up such subscriptions, to issue bonds bearing interest at a rate not exceeding the legal rate, and to assess and levy a special tax or taxes for the payment of the interest on said bonds, and to provide for the final extinction of the principal thereof, with all interest due thereon. All cities and towns along line may purchase stock. Upon conditions. Sec. 9. That it shall and may be lawful for the said Grand Trunk Railroad Company to execute and deliver to the Treasurer of the State of Georgia, for the time being, a deed of trust by way of first mortgage, conveying to the said Treasurer, and his successors in office, all the rights, franchises and privileges conferred upon said company by this act, and all the rights-of-way of said company on its own proper railroad, which may be possessed by said company at the time of the execution of such deed, or which may thereafter be acquired, and all tracks, lines and road-beds upon said road then graded or thereafter to be graded, and all real and personal property belonging or appertaining to said road, then owned by said company, or thereafter 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 twelve thousand dollars per milesaid bonds to be of the denomination of one thousand dollars each, the principal sum payable in thirty years, and bearing interest at the rate of seven per cent. per annum, payable semiannually, and have coupons or interest warrants attached in accordance thereto, and both principal and interest shall be made payable in currency at such place or places as may be specified in said bonds and deed of trustsaid bonds to be executed by the company under the seal thereofand 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 he and his successors in office are hereby charged with the execution of said trust as 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 road shall pass. Execute to Treasurer deed of trust. For ultimate payment to holders of the bonds, amounting to $12,000 per mile. When payable. In what payable. Sec. 10. As soon as the said company shall have built ten consecutive miles of their said railroad in a substantial manner, and

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shall have the same in good running and working order, which shall be certified to by an engineer to be appointed by his Excellency the Governor of this State, 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 preceding section of this act, amounting in the aggregate to twelve 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 railroad, to be certified to as above, said company may present to said Treasurer the bonds of said company, amounting to twelve thousand dollars per mile upon all the road so built until the whole road shall be completed; and the said Treasurer, for the time being, shall make an indorsement upon the back of each of said bonds, and shall sign the same as Treasurer of the State of Georgia, which indorsement shall be as follows: I certify that the within is one of the series of bonds issued by the Grand Trunk Railroad Company, and amounting in the aggregate to the sum of twelve thousand dollars per mile upon said company's railroad, secured by deed of trust by way of first mortgage upon said company's 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. 1870, the payment of the principal and interest of the within bond according to the terms thereof in currency, 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. 1870, and shall fill up the two blanks 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, in currency, is hereby declared to be guaranteed by the State of Georgia. When bonds are to be presented to State Treasurer. Am't of. On completion of every ten miles, to certify. Treasurer shall indorse bonds. Form of indorsement. Shall fill up blankshow. Sec. 11. 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 sue 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; but until default of payment of the principal or interest of said bonds shall be made by the said company, said company shall have the exclusive control and management of said road, and after the payment of said bonds by said company, said company shall have, own and possess said railroad free and clear from all incumbrances whatsoever, created by or arising out of said deed of trust. In default, Treasurer may take possession of road, and sell same. Sec. 12. All the rights, franchises, privileges and immunities heretofore granted to and conferred upon the Georgia Railroad

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Banking Company, so far as applicable, are hereby extended to and conferred upon the said Grand Trunk Railroad Company. Rights conferred on Ga. R. R., Banking Co. Sec. 13. That work shall commence at such point or points as may be convenient within thirty days from the passage of this act by the General Assemby, and its approval by his Excellency the Governor. Sec. 14. Repeals conflicting laws. Approved October 26, 1870. (No. 214.) An Act to incorporate the Great Western Railroad Company, and for other purposes therein mentioned. Section 1. Be it enacted, etc. , That Judson A. Butts, Elam C. Howard, John R. Hayes, Lee Thompson, William H. Crawford, Simon K. Jones, Edward R. Peabody, Jabez H. Timony, Benjamin F. Colbert, Noah M. Duray and William T. Worn, or a majority of them, are hereby made, created and constituted a board of commissioners with power to organize the Great Western Railroad Company, in the manner and form and upon the conditions provided for the organization of the Bainbridge, Cuthbert Columbus Railroad Company, by a board of commissioners, in an act entitled an act to incorporate the Bainbridge, Cuthbert Columbus Railroad Company, and for other purposes therein mentioned, which became a law March 18, 1869. Corporators Powers of commissioners. Sec. 2. And be it further enacted by the authority aforesaid , That the said Great Western Railroad Company, when organized, shall have the power to construct, maintain, equip and use a railroad from Wilmington Island, or such other point or place in Chatham county as it may select, to the Alabama line, at or near Eufaula, and in addition thereto, all the powers, rights and privileges granted by said act entitled an act to incorporate the Bainbridge, Cuthbert Columbus Railroad Company, and for other purposes therein mentioned, to the said Bainbridge, Cuthbert Columbus Railroad Company, and that the said act entitled an act to incorporate the Bainbridge, Cuthbert Columbus Railroad Company, and for other purposes therein mentioned, so far as the same is not inconsistent with this act, is hereby declared to be a part and parcel of it: Provided , That nothing herein shall be construed as granting the aid of the State to said Great Western Railroad Company, nor as permitting a capital stock in excess of six millions of dollars. Purposes. Certain act applied to this. Sec. 3. And it is hereby further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and are hereby, repealed. Approved September 20, 1870.

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(No. 215.) An Act to incorporate the Gainesville Ellijay Railroad Company, and for other purposes therein mentioned. Section 1. Be it enacted, etc. , That for the purpose of building, keeping up and using a railroad communication from the town of Gainesville, in Hall county, Georgia, to the town of Ellijay, in Gilmer county, Georgiathe principal office of which shall be located in Gainesville, at which office the annual election of directors shall be heldSamuel C. Johnson, Henry Howser, John Palmer and Joseph L. Perkins, of Dawson county; Levi L. Greer, Barnett Wilson, Thomas F. Greer and William P. Milton, of Gilmer county; E. M. Johnson, John Redwine, D. Welchel and John Gray, of Hall county, and their associates, successors and assigns, be, and they are hereby, declared to be a body corporate and politic, under the name and style of the Gainesville Ellijay Railroad Company, and as such shall be capable in law to purchase, accept, lease or hold, sell and convey personal and real estate, and make contracts, sue and be sued, plead and be impleaded in any court of law or equity in this State having jurisdiction; to make such by-laws, appoint all necessary officers and prescribe their duties, and to do all lawful acts properly incident to and connected with the objects of said company, as are necessary for the government and transaction of its business; to make and use a common seal and the same to alter and destroy at pleasure: Provided , That their by-laws be not repugnant to the Constitution and laws of this State or the United States. Purposes. Principal office. Corporators Style. General powers. Sec. 2. That the capital stock of said company shall not exceed two millions of dollars, to be divided into shares of not exceeding one hundred dollars each; and the board of directors shall prescribe the mode and condition of subscription for said stock in said company, and issue cirtificates for the same; but the corporators aforesaid shall have the privilege of opening books of subscription for the purpose of obtaining the necessary amount of stock in such manner as they may deem best to commence said road. Capit'l stock Shares. Sec. 3. That for the full organization of said company, said corporatiors hereinbefore named, or any three or more of them, shall appoint the time and places at which subscriptions for stock in said company may be made, and soon thereafter fix the day for the meeting of the stockholders at Gainesville, of which they shall give notice in the public gazette published in the town of Gainesville, at which time and place they shall proceed to the election of seven directors, who shall form and constitute the first board of directors; each stockholder being entitled to as many votes in person, or by proxy, in all elections and meetings of the stockholders as he or she may own shares in said company at the time of voting. Meetingwhere held. Election of directors. Votes.

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Sec. 4. That each subscriber to the stock of said company shall be liable for all installments falling due upon his or her subscription, and a failure of any stockholder to pay any installment within the time appointed for the payment of the same may be sued for said unpaid installment in any court having jurisdiction; but neither the person nor property of any stockholder shall be liable or bound for any debt or liability against the company. Liability. Sec. 5. That the board of directors shall choose one of their own number as president of the board, whose term of office, with that of the directors, shall be one year, and until their successors are elected and installed; and the election of directors shall be held annually according to the by-laws that may be made for that purpose, and all vacancies occurring in the board may be filled from among the stockholders at any time by the acting directors. President. Term of office. Annual elections. Sec. 6. 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, at the request of either party, summon a jury of twelve jurors, freeholders of said county, who shall assess the damages to be paid by said company for running said railroad through said lands, and each party shall have at least twenty days' notice of the time and place of the meeting of said jurors for making such assessment, and saving to either party the right of appeal to the Superior Court under the law now in force regulating appeals to that court, which appeal shall be entered within thirty days after the finding of the jury, and in all such cases such jury shall, in addition to the usual oath, be severally sworn, in assessing damages, to take into account the enhanced value of the lands from the building of said road passing through said lands. Question as to right-of-wayhow adjusted. Sec. 7. That said company shall be, and is hereby, authorized to appropriate all lands and material necessary for the construction of said railroad, and make all contracts necessary therefor, making just and proper compensation for the same, according to the plan set forth in this act; to cross railroads and all other roads, and to take such other measures, not unlawful in themselves, that may be necessary in building said railroad, and carrying out the objects of the same, as far as set forth in this act. Company may appropriate lands Compensation. Sec. 8. That said company shall complete said road within ten years from the passage of this act; and, on failure theroof, this charter, otherwise perpetual, with all the privileges hereby granted, are declared to be null and void. Must be completedwhen. Sec. 9. That said company is hereby fully authorized and empowered, by a two-thirds vote of the capital stock of said company subscribed and paid, to sell, or lease, or otherwise dispose of, as they may deem proper, said railroad, and convey the same, or any part thereof, to, or consolidate with, other connecting railroads. By two-thirds vote may sell. Sec. 10. And be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 18, 1870.

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(No. 216.) An Act to incorporate the Americus Hawkinsville Railroad Company, and for other purposes therein named . Section 1. Be it enacted, etc. , That, from and after the passage of this act, Elijah Butts, J. B. Lewis, J. F. Lewis, Pleasant Ray, Thomas Whitset, S. R. Goode, William Bryan, Allan S. Cutts, John A. Cobb, Joseph Armstrong, U. B. Harrold, J. V. Price, J. C. Griffis, M. R. Stansell, E. J. Eldridge, Joel R. Home and James A. Ansley be, and the same are hereby, declared and constituted a body politic and corporate, by the name of the Americus Hawkinsville Railroad Company, and by that name sue and be sued, plead and be impleaded in any court of law and equity in this State; may have and use a common seal, and the same alter and destroy at pleasure; and may purchase, accept, have, hold, enjoy and convey all property, real, personal and mixed, which may be necessary and proper for the purposes herein mentioned. Corporators Style. General powers. Sec. 2. Be it further enacted by the authority of the same , That said company shall have power and authority to survey, lay out, construct, equip, use and enjoy a railroad from Americus to Hawkinsville, passing through or near Vienna, in Dooly county, and be further authorized to connect with the tract of the Southwestern Railroad and with the track of the Macon Brunswick Railroad at the respective termini. Special powers. Sec. 3. Be it further enacted , That the capital stock of said company shall be not less than one hundred thousand dollars nor more than two millions of dollars, books of subscription for which shall be opened at such times and places as a majority of the parties named, their successors and assigns, shall determine. Capit'l stock Books of subscripti'n Sec. 4. Be it further enacted , That the provisions of the act incorporating the Central Railroad Banking Company, except that of banking, so far as applicable, shall be applied to said Americus Hawkinsville Railroad Company. Provisions of certain act applied to this. Sec. 5. Be it further enacted , That the road contemplated in this act shall have power to lease any connecting road, or to be leased by said connecting road, or to amalgamate its stock with that of any other connecting road, on such terms and conditions as may be decided on by the vote of a majority of its stockholders in convention assembled. May lease connecting roads. Sec. 6. Be it further enacted , That the aid of the State in the indorsement of its first-mortgage bonds be extended to the amount of twelve thousand dollars per mile in the same manner and on the same terms and conditions as made to the Air-Line Railroad. State aid. Sec. 7. Be it further enacted , That all laws and parts of laws conflicting with the above act be, and the same are hereby, repealed. Approved October 17, 1870.

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(No. 217.) An Act to incorporate the Lookout Mountain Railroad Company, and to extend the aid of the State to the same, and for other purposes . Section 1. The General Assembly of Georgia do enact , That Wm. C. Bibb, of Morgan county; Richard P. Glenn and James A. Wright, of Fulton, and M. A. Hardin, of Bartow county, and their associates be, and they are hereby, constituted a body corporate, under the name and style of the Lookout Mountain Railroad Company, for the object and purpose of constructing a railroad and of developing the coal and iron deposits within the limits of the State of Georgia. Corporators Style. Sec. 2. Be it further enacted , That the capital stock of said company shall be fixed at two millions of dollars, which may be increased or diminished, at the pleasure of the company, the same to be divided into shares of one hundred dollars each. Capit'l stock Shares. Sec. 3. Be it further enacted , That when the sum of six hundred thousand dollars shall have been subscribed, under the supervision of the aforesaid corporators, they shall proceed to organize the company by the election of five directors, who shall elect one of their number as a president, and such other officers as they may deem necessarythe president and directors so elected to manage the affairs of the company, and make all needful rules and by-laws for that purpose. Election of directors, president and other officers. Affairshow managed. Sec. 4. Be it further enacted , That the president and directors so elected shall have power to issue certificates, stocks, bonds or other evidences of indebtedness of the said company; contract and be contracted with, sue and be sued, plead and be impleaded, and have and use a common seal. Power of president and directors. Sec. 5. Be it further enacted , That said company shall have the right to build a railroad of the same gauge of the Western Atlantic Railroad, from Kingston, in the direction of Dirt Town, Trion Factory to Lookout Mountainthe western terminus of the road to be fixed by the company so soon as the road can be built to the mineral regions, and the points where the largest deposits of the same can be ascertained, and such train-tracks, turnouts, depots and all other adjuncts that may be deemed necessary or convenient for the convenience of said company, and may consolidate with any other railroad company. Special powers enumerated. Sec. 6. Be it further enacted , That the said company shall have the right to buy, sell or hold real estate and personal property, enforce by sale the collection of stock-subscription after thirty days' notice, and buy the stock so sold for the use of the company at its par value. Further rights. Sec. 7. Be it further enacted , That, when as much as ten miles of said railroad is finished and in complete running order, and the Governor is satisfied of that fact, it shall be his duty to place the indorsement of the State on the bonds of said company for the amount of fifteen thousand dollars per mile for every ten miles

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then completed, and a like amount for every ten miles afterward completed, and the faith of the State shall be bound for the payment of the bonds so indorsed, and shall constitute a lien on said railroad and all its property, real and personal, or superior dignity to any other lien or incumberance without regard to date; and all the property of the company shall be vested in the State by such indorsement, so far as to authorize the Governor to seize and sell the same for the payment of the bonds so indorsed by the State or the interest accruing thereon, whenever the road shall fail to pay the same; and the Governor may, in his discretion, run said road, and pay the net profits towards the legislation of any such debts, and if it should be necessary for the Governor to sell any of the property of said company for the purposes aforesaid, he shall sell the same in such manner and on such terms as he may deem best for all concerned; said company shall not sell, or in any manner dispose of, the bonds so indorsed for less than ninety cents in the dollar. When Governor shall indorse bondsextent of. Payment of such bonds. Road failing to pay, Gov. may run the road, and may sellhow. Sec. 8. Be it further enacted , That said company shall have the right-of-way for one hundred feet on each side of their line of road and its branches, upon the payment of damages to individual owners, and in the estimation of damages, the enhancement of the value of the property, by reason of the building of the road, shall be considered, and after deducting such enhancement of value the sum remaining shall be the measure of damages to be assessed; three disinterested freeholders of the vicinity chosen by the parties shall be competent to assess the damages, and the verdict of a majority shall be final: Provided , That if either party refuse to select an arbitrator, the other party may select, and the verdict shall be final: And provided further , That the two arbitrators first selected shall have the right to name the third arbitrator. Right-of-way upon payment of damageshow estimated. Sec. 9. Be it further enacted , That the property of the company shall be bound for its debts, but the private property of the stockholders shall be exempt beyond the amount of the unpaid stock held by each. Liability. Sec. 10. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 218.) An Act to incorporate the McDonough Western Railroad Company, and loan the credit of the State to said company, and for other purposes . Section 1. Be it enacted, etc. , That, from and after the passage of this act, Abel A. Lemon, L. M. Tye, Charles Walker, of Henry; Leonard T. Doyal, George A. Cunningham and Thomas I. Brooks,

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of the county of Spalding, and W. W. Clarke, A. H. Lee and Henry Quiggs, of the county of Newton, and their associates, successors and assigns, be, and they are hereby, declared and constituted a body corporate and politic, by the name and style of the McDonough Western 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 and 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 purposes herein mentioned. Corporators Style. Powers and liabilities. Sec. 2. Be it further enacted by the authority aforesaid , That said company shall have power and authority to survey, lay off and construct, equip, use and enjoy a railroad from Griffin, in the county of Spalding, by McDonough, in the county of Henry, to intersect with the Georgia Railroad at Covington, in the county of Newton. Fromvia to. Sec. 3. Be it further enacted by the authority aforesaid , That the capital stock of said company shall not be less than fifty thousand or more than one million 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. Capit'l stock. Sec. 4. Be it further enacted , That the road contemplated in this act shall be commenced within five years from the passage of this [Illegible Text], or this charter be forfeited. When road must be commenced. Sec. 5. Be it further enacted , That whenever said company shall have completed and fully equipped five (5) continuous miles of road, at either or both ends of its line, it shall be the duty of the Governor of the State, and he is hereby required, for and in behalf of the State, to indorse the guaranty of the State on the first mortgage bonds of said railroad company, to the extent of twelve thousand dollars ($12,000) per mile, for that portion thus finished, completed and equipped; and when the second section of five miles is completed and equipped, it shall be the duty of the Governor, and he is hereby required, to indorse the like guaranty on the said first mortgage bonds of the said railroad company, upon the presentation of said bonds, by said company, to the extent of twelve thousand dollars ($12,000) per mile for the second section of five miles; and this rate and extent of indorsement shall be continued upon the same conditions for each subsequent section of five miles, until said railroad is completed, it being the true intent and meaning of this act that the State shall indorse the first mortgage bonds of said railroad company to the extent of twelve thousand dollars ($12,000) per mile for each mile of said company's line, whenever said railroad company shall prepare and execute said first mortgage bonds, and shall make request for such indorsement of guaranty thereof as aforesaid. When road indorsed. $12,000 per mile. Second indorsement. True intent of act. Sec. 6. Be it further enacted , That if the last section of said railroad be less than five miles, the indorsement shall be at the said rate of twelve thousand dollars ($12,000) per mile. Fractional section indorsed prorata.

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Sec. 7. Be it further enacted , That before any such indorsement shall be made, the Governor shall be satisfied that so much of the road as the said indorsement shall be applied for is really finished and in complete running order, and that said road is free from all mortgages or other legal incumbrances which may in any manner endanger the security of the State; and upon further conditions and express understanding, that any indorsement of said bonds as aforesaid, when made, shall not only subject all property of every kind, which may be purchased with said bonds, to the obligation of said first mortgage lien until all the principal and interest due on the bonds so indorsed shall be paid, but the said indorsement 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. When indorsement to operate as prior lien Sec. 8. Be it further enacted , That in the event any bond or bonds indorsed by the State, as provided in the fifth 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 best subserve the interest of all concerned. Failing to pay bonds at maturity, Gov's duty. Sec. 9. Repeals conflicting laws. Approved October 25, 1870. (No. 219.) An Act to amend an act to extend the aid of the State to the completion of the Macon Brunswick Railroad, and for other purposes. Whereas, The Macon Brunswick Railroad has been completed to Brunswick, requiring a greater outlay of money than was originally contemplated, to place the same in complete running order, and to furnish the necessary cars, engines and machinery; and whereas, the State has, by recent legislation, indorsed the bonds of other railroads to the extent of fifteen thousand dollars per mile Preamble. Section 1. The General Assembly of the State of Georgia do enact , That the above recited act be so amended as to authorize the

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Governor to place the indorsement of the State, to the extent of three thousand [dollars] per mile, upon the bonds of said Macon Brunswick Railroad Company, in addition to ten thousand dollars, as recited in the act of which this is amendatory. Above act amendedhow. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 220.) An Act to amend an act entitled an act to incorporate the Memphis Branch Railroad Company, and to grant certain powers and privileges to the same, and for other purposes, approved October 10 th , 1868. Section 1. Be it enacted, etc. , That the (8th) eight section of the above recited act be, and the same is hereby repealed, and in lieu thereof the liability of the stockholders in said company (who have heretofore subscribed for stock, or who may hereafter subscribe for stock in said company,) shall be the same as is provided in the third paragraph, in brackets, of section 1676 of the Revised Code of Georgia, commonly called Irwin's Code. 8th section repealed. In lieu thereof. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 221.) An Act to authorize the county of Pickens to aid in the construction of the Marietta North Georgia Railroad, and for other purposes. Section 1. Be it enacted , That the county of Pickens is hereby authorized to indorse the guaranty of the county of Pickens upon the bonds of the Marietta North Georgia Railroad Company, to the extent of one hundred and fifty thousand dollars ($150,000.) Pickens county may indorse bonds. Sec. 2. That whenever the directors of the Marietta North Georgia Railroad Company shall present to the Ordinary of the county of Pickens the bonds of said railroad company, it shall be the duty of said Ordinary, on the behalf of the county of Pickens, to indorse the guaranty of the county upon said bonds to the extent of one hundred and fifty thousand dollars ($150,000:) Provided ,

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Said bonds shall not become due in less than twenty (20) nor more than thirty (30) years, nor bear more than seven (7) per cent. interest. Sec. 3. It shall not be lawful for said railroad company to use said bonds or the proceeds arising therefrom for any other purpose than the construction of said railroad, and if said railroad company shall dispose of said bonds or the proceeds thereof for any other purpose than the construction of said road, the president and directors of said road so permitting the use of said bonds shall be guilty of a misdemeanor and punished as described in section 4245 of Irwin's Code. May not use bonds for illegitimate purpose. Sec. 4. That said indorsement shall operate as a prior lien in favor of said county upon all the property of said railroad companysaving and excepting any lien that may be given to the State of Georgia of the indorsement of the bonds of said railroad company by the State: And provided further , That no indorsement upon the bonds of said railroad company shall be made by the Ordinary aforesaid until the people of the county of Pickens shall first have voted upon the question of indorsement or no indorsement, and [at] an election to be held for that purpose at the same time for the general State election in December next: And provided further , That said railroad company shall not sell said bonds at less than ninety cents in the dollar. County's lien. Excepting State's lien. Sec. 5. Repeals conflicting laws. Approved October 25, 1870. (No. 222.) An Act to extend the aid and loan the credit of the State of Georgia to the Memphis Branch Railroad Company, and amend the charter, and for other purposes. Whereas, The Memphis Branch Railroad Company, chartered by the General Assembly of this State, contemplating the construction and building of a railroad from the city of Rome, in the State of Georgia, to the Alabama State line, in the direction of Guntersville and Decatur, Alabama, is a work of great public utility, and of general, as well as local value and importance to a very large portion of the people of this State, and will be of incalculable benefit to the State and people, by developing the resources of a large and valuable region of country, encouraging the manufacture of iron and agricultural implements, and other valuable manufactories, as well as opening up a vast undeveloped coal region, by affording cheap and easy transportation to the Western Atlantic Railroad, at Kingston, connecting these commodities of value with our system of railways, greatly enhancing and augmenting the resources of the State Road Preamble.

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Section 1. Be it enacted, etc. , That, from and after the passage of this act, whenever the said Memphis Branch Railroad Company shall have completed and equipped five miles of said railroad, beginning at the east end of said road, it shall be the duty of the Governor of said State, and he is hereby required, for and in behalf of the State, to indorse the guarantee of the State on the first mortgage bonds of said railroad company to the extent of ($15,000) fifteen thousand dollars per mile, for that portion thereof thus finished, completed and equipped; and when a second section of five miles is completed and equipped, it shall be the duty of the Governor, and he is hereby required, to indorse 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 ($15,000) fifteen thousand dollars per mile for the second section of five milesand this rate and extent of indorsement shall be continued upon the same conditions for each subsequent section of five miles, until said railroad is completed to the State lineit being the true intent and meaning of this bill that the State shall indorse the first mortgage bonds of said railroad company to the extent of fifteen thousand dollars per mile for each mile of said railroad within this State, whenever said railroad company shall purpose and execute said first mortgage bonds, and shall make request for such indorsement of guarantee as aforesaid. When Governor shall indorse bonds. Amount of. Second sectionindorsement. Extent of. Same rate and extent to continue. Meaning of this bill. Sec. 2. Be it further enacted , That if the last section of said railroad shall be less than five miles, the indorsement shall be at the rate of ($15,000) fifteen thousand dollars per mile. Last section less than 5 milesindorsement. Sec. 3. Be it further enacted , That, before any such indorsement shall be made, the Governor shall be satisfied that so much of the road as the said indorsement shall be applied for is really finished and in complete running order, and that said road is free from all incumbrances which may in any manner endanger the security of the State; and upon the further condition and express understanding, that any indorsement of said bonds as aforesaid, when made, shall not only subject all property of every kind within the State, which may be purchased with said bonds, to the obligation of said first mortgage lien, until all principal and interest due on said bonds shall be paid, but the said indorsement 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. Road must comply herewith before indorsed. Liability of property for indorsem'nt Sec. 4. Be it enacted , That in the event any bond or bonds indorsed by the State, as provided in the first section of this bill, or the interest that may accrue and become due, 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 relinquishment of said unpaid bond, bonds or coupons; and may, at his discretion, upon continued default in such payment

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by said company for a period of six months, sell the said railroad 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 best subserve the interest of all concerned. Failing to pay bonds at maturity, property to be seized. Sec. 5. Be it further enacted , That said company shall not sell or dispose of said bonds, thus indorsed, at a greater discount than ten per cent.; and the indorsement of the bonds of the said company by the State shall not exceed three hundred thousand dollars. Bonds shall not be sold for less than 90 per cent. Sec. 6. Be it further enacted , That the act of incorporation, incorporating said company, be amended as follows: The said company shall have power and authority to consolidate by a contract their railroad and franchise company with the Rome Railroad leading from Kingston to Rome, and with any railroad company chartered, or to be hereafter chartered, by the State of Alabama, for the extension of said line of railroad to Guntersville and Decatur, on the Tennessee River, in the State of Alabama, upon such terms as may be agreed upon. Amendment to act. Sec. 7. All conflicting laws are hereby repealed. Approved October 22, 1870. (No. 223.) An Act to loan the credit of the State to the Marietta, Canton Ellijay Railroad, and for other purposes. Whereas, The Marietta, Canton Ellijay Railroad, a road chartered by the Legislature of the State of Georgia, to be built from the city of Marietta, in this State, to the Tennessee State line, in the direction of the Ducktown Copper Mines, is a work of great general, as well as local, value and importance to a large portion of the good people of this State; and whereas, the building of the said road will be of incalculable benefit to the State of Georgia by developing the resources of a large and valuable portion of the State abounding in mineral and agricultural wealth, and unprovided with railroad facilities; and whereas, the said road will be an important and valuable feeder to the State Road: therefore Preamble. Section 1. Be it enacted, etc. , That, from and after the passage of this act, whenever the Marietta, Canton Ellijay Railroad Company shall have fully completed and equipped ten continuous miles of road at either or both ends of its line, it shall be the duty of the Governor, and he is hereby required, for and in behalf of the State, to indorse the guarantee of the State on the first mortgage bonds of said railroad company to the extent of fifteen thousand dollars per mile for that portion completed and equipped;

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and when the second section of ten miles is completed as herein provided, it shall be the duty of the Governor, and he is hereby required, to indorse the like guarantee on the said first mortgage bonds of the said railroad company to the extent of fifteen thousand dollars per mile for the second section; and this rate and extent of indorsement shall be continued upon the same conditions for each subsequent section of ten miles, it being the true intent and meaning of this act, that the State shall indorse the first mortgage bonds of the said company to the extent of fifteen thousand dollars per mile for each mile of said company's line, whenever the said railroad company shall execute said first mortgage bonds, and shall make request for such indorsement of guarantee thereof as aforesaid. Conditions upon which Gov. shall indorse bonds of road $15,000 per mile. Second section-how indorsed. Sec. 2. Be it further enacted, etc. , That if the last section of said railroad be less than ten miles, the indorsement shall be at the same rate of fifteen thousand dollars per mile. Last section less than 10 milesindorsement. Sec. 3. Be it further enacted, etc. , That before any indorsement be made, the Governor shall be satisfied that so much of said road as said indorsement shall be applied for is really completed and equipped, and that the said road is free from all mortgages and other legal incumbrances which may in any manner endanger the security of the State, and upon the further condition and express understanding, that any indorsement of bonds as aforesaid, when made, shall not only subject all property of every kind, which may be purchased with said bonds, to the obligation of said first mortgage, until all the principal and interest due on the bonds so indorsed shall be paid, but the said indorsement shall be, and is hereby understood to operate as a prior lien or mortgage on all of the property of said company, to be enforced as hereinafter provided. Conditions precedent to indorsement. State's lien. Sec. 4. Be it further enacted, etc. , That in the event any bond or bonds indorsed by the State, as provided in the first section of this act, or the interest that may accrue 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 said default by any holder of said bond or bonds, to seize and take possession of all the property of said road, 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 the period of six months, sell the said road and its equipments, and other property or any portion thereof, in such manner and at such time as in his judgment may best subserve the interest of all concerned. Failing to pay at maturity, Gov. may seize property. Sec. 5. And be it further enacted, etc. , That no railroad company in this State shall, under any pretext, sell or dispose of any bonds issued by the State, or any of its own bonds indorsed by the State, at less than ninety cents in the dollar, in lawful money of the United States; and in case any company to which the State has, or may extend its aid, or may by any direct contract, or by any evasion or pretext, sell or dispose of any bond issued or indorsed

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by the State as aforesaid for less than ninety cents in the dollar, it shall be the duty of his Excellency the Governor to withhold all further issue of bonds to such company, and any citizen or tax-payer in this State may appeal to the courts, in his own name, to restrain such illegal use of the bonds so issued or indorsed to said company, and to discover the fraudulent or illegal use made of such bonds, by reason of which the credit of the State may be depreciated, and the burdens of the citizens increased; nor shall said indorsement exceed one million five hundred thousand dollars in any event. Bonds not to be sold for less than 90 per cent. Penalty for violation. Sec. 6. And be it further enacted, etc. , That the name of the Marietta, Canton Ellijay Railroad Company be changed to the Marietta North Georgia Railroad Company. Name changed. Sec. 7. And be it further enacted, etc. , That Edward Denmead, Wm. Phillips, G. N. Lester, J. T. Burkhalter, J. A. Bisaner, H. M. Hammett and Wm. D. Anderson, of Marietta, are hereby appointed commissioners to receive subscriptions for stock in said road at Marietta; that James R. Brown, W. R. D. Moss, Freeman Lay and Tilman Shamley, of Cherokee county, be appointed commissioners to receive subscriptions for stock at Canton, Georgia; that Wilkie M. Han, James Faulkner, W. C. Atherton, A. J. Glenn, W. H. Simmons, S. A. Darnell and Robt. R. Howell, of Pickens county, are appointed commissioners to receive subscriptions for stock at Jasper, Georgia; that J. M. Ellis, Barnett Wilson, Daniel E. Slagle, C. A. Ellington, W. E. Watkins, W. R. Welch and Israel Tums, of Gilmer county, are appointed commissioners to receive subscriptions for stock at Ellijay, and that the said commissioners may receive subscriptions for stock at any other place than those herein named. Commissioners of Cobb to receive subscriptions. Of Cherokee Of Pickens. Of Gilmer. Sec. 8. And be it further enacted, etc. , That so much of the provisions of the original charter of the said road, and the acts amendatory thereof as are in conflict with this act, are hereby repealed; and all other provisions therein contained are hereby enacted to remain in full force and effect. Sec. 9. All laws and parts of laws militating against this act are hereby repealed. Approved October 24, 1870. (No. 224.) An Act to incorporate the North Georgia North Carolina Railroad Company, and for other purposes. Section 1. Be it enacted, etc. , That, for the purpose of building, keeping up and using a railroad communication from the town of Calhoun, Georgia, on the Western Atlantic Railroad, to the

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State line of North Carolina, to terminate on the Blue Ridge Railroad at or near Rabun Gap, and running by or near Blairsville, in the county of Union, in said State of Georgia, the most direct and available routethe principal office of which shall be located in Calhoun, at which office the annual election for directors shall be heldSamuel Carter, Samuel Pullim, Robert W. Young, A. J. Boaz and J. C. Fain, of the county of Gordon; William P. Milton and Barnett Wilson, of the county of Gilmer; William Allen, sr., and Thomas R. Trammell, of the county of Fannin; C. J. Wellborn and Thomas J. Butt, of the county of Union; Josiah Carter and Lewis Logan, of the county of Towns; J. R. Parrott, of the county of Bartow; Joseph E. Brown, H. I. Kimball, O. A. Lochrane and Richard Peters, of the county of Fulton, and their associates, successors and assigns, be, and they are hereby, declared to be a body corporate and politic, under the name and style of the North Georgia North Carolina Railroad Company, and as such shall be capable in law to purchase, accept, lease or hold, sell and convey personal or real estate, and make contracts, sue and be sued in any court of law or equity in this State having jurisdiction; to make such by-laws, appoint all necessary officers and agents and prescribe their duties, and to do all lawful acts properly incident to and connected with the objects of said company as are necessary for the government and transaction of its business; to have and use a common seal. Purposes. Principal office-where located. Corporators Style. Powers. Sec. 2. And be it further enacted , That the capital stock of said company shall not exceed the sum of nineteen hundred thousand dollars, to be divided into shares of not exceeding one hundred dollars each; and the board of directors shall prescribe the mode and condition of subscription for said stock in said company, and issue certificates for the same; but the corporators aforesaid shall have the privilege of opening books of subscription, for the purpose of obtaining the necessary amount of stock, in such manner as they may deem best to commence the road. Capit'l stock Shares. Books of subscripti'n Sec. 3. Be it further enacted , That, for the full organization of said company, the corporators hereinbefore named, or any three or more of them, shall appoint the time and place at which subscription for stock in said company may be made, and soon thereafter fix the day for the meeting of stockholders, at Calhoun, of which they shall give notice in the public gazette published in the town of Calhoun, or in a newspaper published in the city of Atlanta, at which time and place they shall proceed to the election of seven directors, who shall form and constitute the first board of directors, each stockholder being entitled to as many votes, in person or by proxy, as he or she may own shares in the company at the time of voting. Subscripti'n of stock. Meeting of stockhold'rs Sec. 4. Be it further enacted , That the superintendent of the Western Atlantic Railroad may furnish construction trains and other facilities, during the time of the construction of said road, on such terms as may be agreed upon between said superintendent and said North Georgia North Carolina Railroad Company. Sup't W. A. R. R. furnish construction trains.

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Sec. 5. And be it further enacted by the authority aforesaid , That sections five, six, seven, eight and nine of an act approved October the 9th, 1868, entitled an act to incorporate the Dalton Morganton Railroad Company, shall be applicable to the body corporate hereby created, and all the rights, powers and privileges conferred by said sections on said Dalton Morganton Railroad Company be, and they are hereby, conferred upon the company herein incorporated. Sections 5, 6, 7, 8 and 9 of certain act applied to this. Sec. 6. Be it further enacted , That the Governor be, and he is hereby, authorized to indorse the bonds of said road, to the amount of twelve thousand dollars per mile, after the completion of the first fifteen miles; for which indorsement the State shall have the first lien on the road and its equipments, rolling stock and other property, to the same extent, upon the same conditions and under the same liabilities to the State as is provided in the act granting State aid to the Georgia Air-Line Railroad, approved 21st September, 1868. Gov. to indorse bonds $12,000 per mile. State's lien. Sec. 7. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 17, 1870. (No. 225.) An Act to open and construct a Railroad from Athens, Georgia, to Clayton, Georgia, via Clarkesville, in Habersham county, or some point on the Blue Ridge Railroad, near Clayton, by the most practicable route. Section 1. Be it enacted, etc. , That, from and after the passage of this act, Willis Willingham, W. B. Brightwell, John C. Reid, and James H. McWhorter, James C. Sims, of the county of Oglethorpe; James Dawson, R. L. McWhorter, of Greene, John H. Newton, Rufus L. Moss, Robert L. Bloomfield; James D. Pittard, David C. Barrow, Simon Marks and Henry Beusse, of the county of Clarke; Joseph L. Bean, of the county of Richmond; W. R. Bell, Madison Bell and Thompson Allan, of Banks county; George D. Phillips, A. J. Nichols, Thomas J. Hughes, William J. Rusk, William L. Erwin, J. Vanburen, W. W. Berry, Mitchell Parker, Charles K. Jarrett, W. R. Mathews, of Habersham county; G. M. Netherland, M. Fincannon, of Rabun county, or such of them as shall associate under the name, or such other persons as shall associate under the name hereinafter mentioned, shall be, and are hereby, incorporated and made a body politic, with all the rights and privileges common and necessary to such corporations, under the name of the Northeastern Railroad Company. Corporators Rights and privileges. Style.

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Sec. 2. And be it further enacted , That said company shall be authorized to build a railroad from the town of Athens, in Clarke county, via or near Clarkesville, in Habersham county, the most practicable route to the town of Clayton, in Rabun county, or some other point near Clayton, to intersect with the Blue Ridge Railroad, charging such amount for freight and travel as may be deemed expedient, and to open books and procure subscription for stock, at the rate of one hundred dollars per share, at such times and places as may be thought proper; to elect a president and directors; to borrow money, make contracts, hold real and personal estate, to and for the use of said road; that they may have a common seal, sue and be sued, plead and be impleaded in any court of the law and equity in this State, and by a board of directors make all such rules and regulations or by-laws as are necessary and proper for the good of the corporation and effecting the objects for which it is created: Provided , Such rules and regulations be not repugnant to the Constitution and laws of this State and the United States. Special powers enumerated. Sec. 3. And be it further enacted , That the capital stock of said company shall be one million dollars, divided into shares of one hundred dollars, but shall be liable to be increased from time to time and in such sum or sums as may be deemed expedient by the majority of the board of directors of said company for the time being: Provided , That the said capital stock shall not be so increased as to exceed, in the whole, the sum of two millions of dollars; and it is also enacted, that the board of directors for the time being shall be authorized to prescribe the terms and conditions of subscriptions for such capital stock as may from time to time be required. Capit'l stock Shares. Sec. 4. Be it further enacted , That said company shall have power to purchase and hold in fee simple, to them and their successors, or to receive as donations any lands or tenements or hereditaments that they may find necessary for the site on and along which to locate, run and establish said railroad; and also to purchase and hold any lands contiguous to or in the vicinity of said railroad that may be necessary in procuring materials for constructing and repairing said road, and such as may be necessary to the erecting of toll-houses, store-houses and all other buildings or accommodations that may be necessary and useful to said railroad or the business thereof; and also all rights-of-way on land, and all necessary privileges on water-courses that may lie on or across the route of said road; and in all cases in which any controversy or difficulty may arise between individuals or corporations and said company or their directors, as to the right-of-way or damages of the land on which the same may be located, or as to the necessary privileges of water-courses, it shall and may be lawful for either to apply to the Sheriff of the county in which said land or water privileges may be located, who shall summon a jury of five freeholders to enter upon the land sought to be appropriated to the use of said company, and to take said controversy into consideration,

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and award in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of said county under the same laws and regulations that apply to appeals in said court, and in all instances such freeholders and the jurors in said Superior Court shall be sworn, in addition to the usual oath in assessing damages, to take into account the prospective value of the road-land or property through which it may run, and to have evidence touching the same, and upon the payments of damages so assessed as aforesaid, the fee simple title to such lands and privileges as may be necessary for the location of said road, building depots and other purposes, shall vest in said company. Special powers. Sec. 5. 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 advantageous to its interest, and said land so received in payment, or part payment of subscription to the capital stock of said company, shall be free from taxation so long as the legal title thereof remains in said company. May receive land. How valued. Sec. 6. Be it further enacted , That said company shall have power and authority to unite or consolidate with any other company or corporations as may be deemed proper by a majority of their corporators. May consolidate. Sec. 7. Be it further enacted , That whenever said company shall have completed and fully equipped twenty continuous miles of road at either or both ends of its line, it shall be the duty of the Governor of the State, and he is hereby required, for and in behalf of the State, to indorse the guaranty of the State on the first mortgage bonds of said railroad company, to the extent of fifteen thousand dollars per mile, for that portion thus finished, completed and equipped; and when a second section of twenty miles is completed and equipped, it shall be the duty of the Governor, and he is hereby required, to indorse the like guaranty on the said first mortgage bonds of the said roalroad, upon the presentation of said bonds, by said company, to the extent of fifteen thousand dollars per mile for the second section of twenty miles, and this rate and extent of indorsement shall be continued for each subsequent section of ten miles, until the said road is completed, it being the true intent and meaning of this act that the State shall indorse the first mortgage bonds of said railroad company to the extent of fifteen thousand dollars per mile for each mile of said railroad line, whenever said railroad company shall prepare and execute said first mortgage bonds, and shall make request for such indorsement of guaranty as aforesaid: Provided , That said bonds shall not be sold for less than ninety cents in the dollar. Gov. to indorse the bondsextent. Second section. Like guaranty. Same rate throughout. Proviso. Sec. 8. Be it further enacted , That if the last section of said railraod shall be less than ten miles, the indorsement shall be at the rate of fifteen thousand dollars per mile. Last section less than 10 miles

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Sec. 9. Be it further enacted , That before any such indorsement shall be made, the Governor shall be satisfied that so much of the road as the said indorsement shall be applied for is really finished and in complete running order, and that said road is free from all mortgages and other legal incumbrances that may endanger the security of the State, and upon the further condition and express understanding that any indorsement of said bonds as aforesaid, when made, shall not only subject all property of any kind in this State, which may be purchased with said bonds, to the obligations of the first mortgage lien until all the principal and interest due on said bonds so indorsed shall be paid, but the said indorsement shall be, and is hereby, understood to operate as a prior lien or mortage on all the property of the company, to be enforced as hereinafter provided for. Requisites to indorsement. Sec. 10. Be it further enacted , That in the event any bond or bonds indorsed by this State, as provided in the seventh 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, on 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 payments 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 times as in his judgment shall best subserve the interest of all concerned: Provided , That said road shall never directly or indirectly be controlled, or managed, or worked by the Central Railroad, which, if it occurs, shall forfeit the charter. Failing to pay bonds at maturity, Governor to seize road and sell. Sec. 11. Repeals conflicting laws. Approved October 27, 1870. (No. 226.) An Act to incorporate the North South Railroad Company of Georgia, from the city of Rome, via Carrollton and LaGrange, to the city of Columbus; to grant certain powers and privileges to the same, and to grant the guaranty and indorsement of the State of Georgia upon the bonds of said company, and for other purposes. Section 1. Be it enacted, etc. , That, for the purpose of constructing a railroad from the city of Rome, Georgia, via Carrollton and LaGrange, to the city of Columbus, Georgia, Thomas W. Alexander, Charles H. Smith, John W. H. Underwood, John T. Burns, Henry A. Gartrell, Archer Griffith, Alfred Shorter and C. D. Forsyth,

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of Floyd county; W. D. Chipley, S. B. Cleghorn, W. A. Barden, N. L. Reed, S. E. Blanchard, F. G. Wilkson, William A. McDougald, E. F. Colyey, John J. Grant and S. Cherry, of Muscogee county; Cooper Williams, of Harris county; Benjamin H. Bigham, William O. Tuggle, H. H. Hentley, C. W. Mabry, R. A. T. Ridley, John R. Broom, B. C. Ferrell and F. A. Frost, of Troup county, Georgia; W. M. K. Watts, of Heard county, Georgia; William W. Merrell, Eli Benson, John W. Stewart, Benjamin M. Long and George W. Camp, of Carroll county, Georgia; Wyatt Williams, Walker Brock, William J. Head and Richard C. Price, of Haralson county, Georgia; L. H. Walthall, James Young, Samuel H. M. Byrd and Julius C. Peek, of Polk county, Georgia, and their associates and assigns, be, and they are hereby, declared to be a body politic and corporate, by the name and style of the North South Railroad Company of Georgia, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase, receive, have, hold, use, possess and enjoy real and personal property which they may deem necessary and proper for the use of said railroad company. Corporators Style. General powers. Sec. 2. And be it further enacted , That the capital stock of said railroad company shall be divided into shares of one hundred dollars each, and shall not exceed the sum of five millions of dollars. Capit'l stock Maximum. Sec. 3. Be it further enacted , That when the sum of five hundred thousand dollars shall have been subscribed to the capital stock of said company, the corporators, or a majority of them, shall, by publication in some public newspapers, give thirty days notice of a meeting of the subscribers to the capital stock of said company, to be held at such place as may be designated in said notice, for the purpose of electing from their own number a board of seven directors, to manage and control the business of said company for one year, and until their successors are elected and installed; and said board of directors, as well as all other boards of directors that may be thereafter elected, shall select from its own number a president, and shall have power to make and adopt by-laws for the government and control of the board and the company, and to appoint and employ such officers, agents and servants as may be deemed proper by said board of directors. Election of board of directors Term of office. President. By-laws. Sec. 4. Be it further enacted , 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 of stock subscribed by him or her, or which he or she may represent as proxy, by power of attorney, upon which ten per cent. has been paid: Provided , No subscriber shall be excluded from voting if the ten per cent. has not been called for. Voteshow regulated. Sec. 5. And be it further enacted , That when said corporators have complied with the requirements set forth, and an election for a board of directors shall have been held as provided for in this act, the books of subscription to the capital stock of said company, together with all other books and papers appertaining to the

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business of said company, shall be turned over to said board of directors, and the powers of the corporators, except as other stockholders and subscribers, shall cease. Books turned over to directors. Sec. 6. And be it further enacted , That when the subscribers to the capital stock of said company shall have convened and elected a board of directors under the provisions of this act, they and their associates and successors shall be deemed, held and considered as a body corporate and politic, under the name and style of The North South Railroad Company of Georgia, with perpetual succession, and the rights, powers, privileges and liabilities usual and necessary to such a corporation. Body corporate. Successors. Sec. 7. And be it further enacted , That said company shall have power to survey, locate, construct, make, build, maintain, equip, use and operate a railroad from Rome, Georgia, via Carrollton and LaGrange, to Columbus, Georgia; to accept, purchase, have and hold, lease and convey any property, real, personal or mixed, and to erect such buildings, depots and shops, operate such machinery, and do such other things as it may deem proper for its advantage and benefit. Special powers. Sec. 8. And be it further enacted , That in all cases where 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 railroad company, after being sworn to take into consideration the enhanced value of said land from or in consequence of the building of said railroad, and to do justice impartially between the parties, which assessment shall be final and conclusive between the parties, unless an appeal shall be entered to the Superior Court of the county within four days from the decisionwhich may be done by either party upon complying with the rules heretofore existing for appeals in the Superior Courteach party shall be entitled to ten days' notice of the time and place of hearing by the Sheriff. Questions of right-of-wayhow adjusted. Sec. 9. And be it further enacted , That the said company shall have power to receive land or other property, as part payment of the subscription to its capital stock, at such valuation as may be agreed upon under the rules, regulations and by-laws of said company. May receive landhow. Sec. 10. And be it further enacted , That until a board of directors shall have been duly elected and installed into office, the corporators, or a majority of those named, shall have all the powers of the board of directors to be elected, and may do and perform every act that said board of directors may, might or could do when legally and regularly elected. Sec. 11. And be it further enacted , That said railroad company may contract loans, borrow money, mortgage its property, real and personal, and the franchise, and consolidate the stock, property,

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real and personal and mixed, rights, powers, privileges and franchises with the Bainbridge, Cuthbert Columbus Railroad Company. Borrow money. Sec. 12. And be it further enacted , That said railroad company shall not be compelled to commence work at either terminus of said road, but may commence work at either or both. Where road may be commenced Sec. 13. And be it further enacted , That as soon as twenty miles of said railroad shall have been completed and finished, and put into running order, satisfactory information of which shall be given to the Governor of this State, the Governor of Georgia shall, through the proper officers, indorse the guaranty of the State of Georgia upon coupon bonds of said company, bearing interest at the rate of seven per cent. per annum, semi-annually, payable at the rate of twelve thousand dollars per mile, upon the portion of the railroad completed, and the same indorsement shall be made upon similar bonds of said company, at the same rate per mile, upon the completion of each twenty miles of said railroad, until the whole line of said railroad is completed and finished; and the said railroad company, for the payment of the principal and interest due upon said bonds, shall be liable to the State, under the rules and regulations provided with reference to the bonds indorsed by the State of Georgia for the Air-Line Railroad Company, as provided in the law passed by the General Assembly, extending the aid and credit of this State to the said Air-Line Railroad Company. When Gov. may indorse bonds. Rate of, and so on to completion. State's lien. Sec. 14. And be it further enacted , That the bonds of the said railroad company shall not be sold at a greater discount than ten per cent., or sold for less than ninety cents in the dollar. Restriction upon sale of bonds. Sec. 15. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 227.) An Act to incorporate the Newnan Americus Railroad Company, and for other purposes therein named. Section 1. Be it enacted, etc. , That Hugh Buchanan, W. B. Wilkinson, Tollerson Kirby, of the county of Coweta; John L. Dixon, Henry R. Harris, J. M. C. Robertson, of the county of Meriwether; Thomas A. Brown, Isaac Cheney, William A. Danill, of the county of Talbot; Martin L. Bivins, William Drane, J. L. Baker, of Marion county; John R. Respass, Isaac Hart, Seaborn Montgomery, of Schley county; W. W. Barlow, William J. Patterson, Moses Speer, of the county of Sumter, or a majority of them, are hereby constituted a board of commissioners for organizing the Newnan Americus Railroad Company. Corporators

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Sec. 2. That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed three millions of dollars. Capit'l stock 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 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. Election of directors. Of Presid'nt Sec. 4. That at 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 hereafter, 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 , That 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 directors 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 third 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 commissioners shall cease and determine. When books to be opened. Sec. 6. That whenever the subscribers to the capital stock of said company shall have convened and elected a board of directors under the provisions of section third of this act, they, or their associates and successors, shall be deemed, held and considered a body corporate and politic, under the name and style of the Newnan Americus 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. Name and style. Succession. Sec. 7. That said company shall have power to construct, maintain, equip and use a railroad from Newnan, in Coweta county, through Greenville, Talbotton, Buena Vista, Ellaville, , to Americus, in Sumter county; 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 other things as it may deem proper for its advantage and benefit. Special powers. Sec. 8. That in all cases where a question of the 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

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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 time and place of meeting of said jury, and neither party shall appeal to the Superior Court in ten days thereafter. Questions of right-of-wayhow adjudicated. Sec. 9. The right-of-way of said company shall not exceed two hundred feet in width. Width. Sec. 10. That said company shall have power to receive land 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 lands, so received in payment or part payment to the capital stock of said company, shall be free from taxation so long as the legal title thereof remains in said company. Subscriptionshow paid Taxation. Sec. 11. That the Governor of the State be, and he is hereby, authorized and required to indorse the bonds of said Newnan Americus Railroad Company, upon the same terms and conditions upon which he is authorized and required to indorse 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 21st, 1868; and it shall be the duty of the Governor of the State to give to 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. Gov. to indorse said R. R. bondsterms. Sec. 12. That the said Newnan Americus Railroad Company shall not sell any bond or bonds upon which may be indorsed the guarantee of the State for less than ninety cents in the dollar. Restriction on sale of bonds. Sec. 13. That all laws and parts of laws which conflict in any manner with the provisions of this act be, and the same are hereby, repealed. Approved August 27, 1870.

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(No. 228.) An Act to amend an act assented to August 27, 1870. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the seventh section of an act entitled an act to grant a charter and loan the credit of the State to the Newnan Americus Railroad, be so amended as to read, after the word Newnan, in seventh section, Grantville, before Greenville, etc. Second section of certain act amendedhow. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 229.) An Act to amend an act incorporating the Ocmulgee River Railroad Company, and for other purposes therein mentioned, passed March 23, 1864, and to change the name thereof, and to loan the credit of the State to the Ocmulgee North Georgia Railroad Company. Section 1. The General Assembly of Georgia do enact , That section 1st of said original act be amended so that the name of said corporation shall be changed to and be the Ocmulgee North Georgia Railroad Company, and that section 2d of said original act be amended so as to read in addition thereto, or to lay out and construct said railroad from said city of Macon, via the town of Covington, in the county of Newton, and Lawrenceville, in the county of Gwinnett, to such point on the northern boundary line of said State as shall be determined upon by said company as most practicable to connect with any railroad or railroads leading to the cities of Knoxville, Tennessee, or Cincinnati, Ohio, hereby granting and confirming all the rights, franchises and privileges conferred in said original act, and subject to the requirements and restrictions thereof, except as changed in this amendatory act thereto, and that section five of said original act be amended so as to read, in addition thereto, and said company shall have the privilege to increase their capital stock at any time to a sum not exceeding six millions of dollars, and that section seven of said original act be amended so as to read at any time after two hundred thousand dollars of the capital stock of said company shall be subscribed for, a permanent board of directors shall be chosen as provided in last named section. Section 1 amended. Name changed. Section 2 amendedhow. Sec. 2. And be it further enacted , That, from and after the passage of this act, whenever said company shall have completed and put in running order twenty consecutive miles of said road, commencing

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at Macon, it shall be the duty of the Treasurer of the State of Georgia, and he is hereby required, for and in behalf of the State, to indorse the guaranty of the State on the first mortgage bonds of the said railroad company to the extent of fifteen thousand dollars per mile for that portion thus finished, and as each or every other section of twenty miles of said railroad shall likewise severally be finished, that it shall be the duty of the said Treasurer to make the same indorsement of guaranty, in like manner and to the same extent, upon the first mortgage bonds of said company, immediately upon the completion of each of said sections, and pro rata for any fractional part of a section as may exist upon the completion thereof, it being the true intent and meaning of this act that the State shall indorse said mortgage bonds of said railroad company to the extent of fifteen thousand dollars per mile for each mile of said company's lines, whenever said railroad company shall execute said first mortgage bonds, and shall make request for such indorsements of guaranty therefor as aforesaid, with all the restrictions, rights and privileges to the State as are contained in the act loaning the credit of the State to the Cartersville Van Wert Railroad Company, passed March 12, 1869, and that the immunities and privileges of the Georgia Railroad Banking Company apply to said Ocmulgee North Georgia Railroad Company, except banking privileges. Treasurer to indorse bonds $15,000 per mile Sec. 3. And be it further enacted , That said Ocmulgee North Georgia Railroad Company are hereby authorized to connect their said railroad with any other railroad now crossing the Ocmulgee River at Macon, and use any railroad bridge now built or to be built in common with any other railroad, in event that the same can be done by contract, or to build a bridge of their own sufficient only to meet all necessary transportation of their own freight and passengers at the city of Macon, and of such materials as they may choose; and said company shall have the option of crossing said Ocmulgee River at Macon under said conditions or complying with the requirements of said original act relative thereto, as the same may be by them deemed most expedient and necessary to their own interest. May connect with other road. Sec. 4. And be it further enacted , That the president and directors of said railroad company be, and they are hereby, authorized to merge and consolidate with any other railroad company or companies, in this State, or the adjoining States, under one common name and seal, in part or in whole, for the purpose of building said road, or for the purpose of enabling said railroad company to transport passengers and freights in and through this State, if said president and directors shall deem it necessary for the welfare of said road. Authority of president Sec. 5. And be it further enacted , That all other acts or amendments thereto, and provisions of said original act, conflicting with this amended act, are hereby repealed. Approved October 17, 1870.

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(No. 230.) An Act to loan the credit of the State to the Polk Slate Quarry Railroad Company, and for other purposes therein mentioned. Whereas, The Polk Slate Quarry Railroad, a road chartered by the Legislature of Georgia, to be built from a point on the Western Atlantic Railroad, mentioned in said charter, at or near Marietta, in this State, to the Alabama line, in the direction of Jacksonville, Alabama, is a work of great general as well as of local value and importance to a large portion of the good people of this State; and whereas, the building of said road will be of incalculable benefit to the State of Georgia, by developing the resources of a great and valuable portion of the State, abounding in mineral and agricultural wealth; and whereas, the said road will be an important and valuable feeder to the Western Atlantic Road: therefore Preamble. Section 1. Be it enacted, etc. , That, from and after the passage of this act, whenever the Polk Slate Quarry Railroad Company shall have fully completed and equipped ten continuous miles of road at either or both ends of its line, it shall be the duty of the Governor, and he is hereby required, for and in behalf of the State, to indorse the guarantee of the State on the first mortgage bonds of said railroad company, to the extent of fifteen thousand dollars per mile, for that portion completed and equipped, and when the second section of ten miles is completed as herein provided, it shall be the duty of the Governor, and he is hereby required, to indorse the like guarantee on the said first mortgage bonds of the said railroad company, to the extent of fifteen thousand dollars per mile, for the second section, and this rate and extent of indorsement shall be continued upon the same conditions, for each subsequent section of ten miles, it being the true intent and meaning of this act that the State shall indorse the first mortgage bonds of the said company, to the extent of fifteen thousand dollars per mile, for each mile of said company's line, whenever the said railroad company shall execute said first mortgage bonds, and shall make such request of indorsement of guarantee as aforesaid. When Gov. may indorse bonds of company $15,000 per mile. Second section indorsed. Indorsement to continue at same rate. Sec. 2. Be it further enacted, etc. , That if the last section of such railroad be less than ten miles, the indorsement shall be at the same rate of fifteen thousand dollars per mile. Sec. 3. Be it further enacted, etc. , That before any indorsement be made, the Governor shall be satisfied that so much of the road as said indorsement shall be applied for is really completed and equipped, and that the said road is free from all mortgages, and upon the further condition and express understanding that any indorsement of bonds as aforesaid, when made, shall not only subject all property of every kind, which may be purchased with said bonds, to the obligation of said first mortgage, until all the principal and interest due on said bonds so indorsed shall be paid,

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but the said indorsement shall be, and is hereby understood to operate as a prior lien or mortgage on all of the property of said company, to be enforced as hereinafter provided. Requisites to indorsement. Sec. 4. Be it further enacted, etc. , That in the event any bond or bonds indorsed by the State, as provided for in this act, or the interest that may accrue 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 said default by any holder of said bond or bonds, to seize and take possession of all the property of said road and apply the earnings of said road to the extinguishment of such unpaid bond or bonds, or coupons, and may at his discretion, upon continued default in such payment by said company for the period of six months, sell the said road and its equipments, and other property, or any portion thereof, in such manner and at such time as in his judgment may best subserve the interest of all concerned. Bonds not paid at maturity, Gov. to seize road property. Sec. 5. And be it further enacted, etc. , That the said company may fix the price of shares of stock in said road at twenty-five, fifty or one hundred dollars each, as they may think proper. Shares. Sec. 6. And be it further enacted , That the said company shall have power to receive land or other property in payment of the subscriptions to its capital stock at such valuation as may be agreed on, or it may be assessed by three freeholders chosen, one by the company, one by the land or property owner, and they to choose the third; and the company shall have the power to mortgage, lease or sell or otherwise dispose of said land or other property as shall be deemed most advantageous to its interest, and said company may receive subscriptions to its capital stock, to be paid in installments, in such manner and at such time or times as may be agreed on, secured by mortgage or bonds. Lands received. Sec. 7. Be it further enacted, etc. , That, from and after the passage of this act, the railroad company chartered and heretofore known as the Polk Slate Quarry Railroad Company shall be styled the Marietta Western Railroad Company, with all the rights and franchises thereto belonging and granted by this act, anything in this or any other act to the contrary notwithstanding. Name changed. Sec. 8. Be it further enacted, etc. , That Silas B. McGregor, John A. Mathews, Marcus E. Cantrell, Elias L. Crow, Solomon L. Strickland and George T. Parker, of the county of Paulding; and Leonard H. Walthall, William M. Hutchins, Wyly C. Barber and Charles H. Wood, of the county of Polk; and A. Z. Edmondson, John R. Winter, T. J. Atkinson, N. N. Gober, William D. Anderson, Edward Denmead, Charles D. Phillips, Thomas M. Kirkpatrick, Robert B. McAfee, William P. Anderson, W. F. McElfresh, John O. Gartrell and William Phillips, Joseph A. Bisamer and H. M. Hammett, and such others as they shall associate with them, and their successors, shall be, and are hereby, incorporated and made a body politic, with all the rights and privileges common and necessary to such corporations, under the name of the Marietta Western Railroad Company, with authority to build and

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construct a railroad from Marietta, in Cobb county, on the Western Atlantic Railroad, through the county of Cobb, through or near Dallas, in the county of Paulding, and through or near Van Wert, in the county of Polk, to the Alabama line, to connect with such other railroad as has been or may be chartered and authorized to be built by the State of Alabama, in the direction of Decatur, Alabama. Corporators. Style. Authority. Sec. 9. Be it further enacted, etc. , That all the rights, privileges, powers and immunities and restrictions granted to the Atlanta Blue Ridge Railroad Company, are hereby extended to this corporation in relation to the consolidation of the same with other roads, etc. Rights and privileges of Atlanta Blue Ridge Railroad extended to this. Sec. 10. And be it further enacted, etc. , That should any of the corporators herein named fail or refuse to act, the remaining corporators, or a majority of them, shall fill such vacancy or vacancies. Vacancyhow filled. Sec. 11. And be it further enacted, etc. , That the corporators shall open books of subscription in each of said counties through which said road will pass in this State, and at such times as they, or a majority of them, shall deem best; that they call a meeting of all the corporators and stockholders at Dallas, in the county of Paulding: Provided , That notice of said meeting shall be given by publication in one or more gazettes, at least thirty days prior to said meeting. Books of subscripti'n Sec. 12. And be it further enacted, etc. , That at said meeting said corporators and stockholders shall choose a board of directors, to consist of seven persons, who, from their number, shall choose a presidentthe term of office of said president and directors, and the duties to be performed by them, to be prescribed by a by-law of said company. Board of directors. President. By-laws. Sec. 13. Be it further enacted, etc. , That the bonds of the company shall not be sold for less than ninety (90) cents in the dollar. Restriction on sale of bonds. Sec. 14. Be it further enacted, etc. , That all laws and parts of laws herewith conflicting be, and the same are hereby, repealed. Approved October 25, 1870. (No. 231.) An Act to incorporate the Rome Summerville Railroad Company. Section 1. Be it enacted, etc. , That A.R. Wright, Alfred Shorter, Wade S. Cothran, A. R. Smith and F. A. Kirby, of Rome, Georgia; Andrew P. Allgood, Cicero C. Cleghorn, Samuel Hawkins, F. W. Cheney, Wesley Shropshire, A. S. Short, John Kincaid, Benjamin Branner and Thompson Hiles, of the county of Chattooga, and such others as shall associate with them, under the name of the

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Rome Summerville Railroad Company, shall be, and are hereby, incorporated and made a body politic with all the rights and privileges common and necessary to such a corporation, with power and authority to fill any vacancy in said board, whether caused by death, resignation, refusal to accept or otherwise. Corporators Sec. 2. Be it further enacted , That said company shall have power and authority to build a railroad from Rome, or near Rome, in the county of Floyd, to Trion Factory, in the county of Chattooga, by way of Summerville, in said county, the nearest and most practicable route, with the privilege of extending the same to any coal or iron bed in either Walker or Chattooga counties, or of uniting with any company in Alabama for that purpose, and that said company shall have the right to charge for all business done by said company the same rates as the Western Atlantic Railroad, and shall have power to open books of subscription for the sum necessary to build said railroad anywhere the said board may direct, at the rate of fifty or one hundred dollars per share, as said board may choose; to do all things necessary to carry out the purposes of said board, not in conflict with the laws of this State; especially elect its officers, agents and servants; to borrow money, own, hold and control real and personal estate to and for the use of said road. Powers. Sec. 3. Be it further enacted , That where any question as to damages for right-of-way or otherwise shall arise, and the parties cannot agree, it shall be the duty of the Clerk of the Superior Court to furnish to either party a list of the grand jury drawn for the next term of the Superior Court in the county where the party aggrieved resides, who shall give to the other party at least five days' notice to go before the Ordinary and strike from said list until but twelve remain, the party asking for the list being allowed to strike first, which list shall be given to the Sheriff or his deputy, who shall summon the twelve unstricken names not less than five days afterwards, whenever the Ordinary shall direct, and the parties, by themselves or attorneys, shall submit all the questions at issuethe Ordinary of said county presiding at the said trial, with the same powers as a Judge of the Superior Court, and shall hear and determine all questions by motion or otherwise, submitting this act and swearing said jury in accordance with its terms; if either party shall refuse to strike, or be absent after notice, the Ordinary may strike for said absent party, and the question [be] submitted and the case proceed: Provided , That either party being dissatisfied with said verdict, or the rulings of said court, may, in the former case, take the same to the Superior Court by an appeal, or, in the latter case, by a writ of certiorari; upon motion and good cause shown said cause may be continued, in the discretion of the Ordinary. Question of right-of-wayhow settled. Sec. 4. Be it further enacted , That it shall be the duty of the court when organized, as prescribed in the foregoing section, to hear evidence as to what amount the lands or property of the complainant is to be enhanced, and it shall be the duty of the jury

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in the trial of the issue to give to said road due and equitable allowance for the same. Duty of court to hear evidence. Sec. 5. Be it further enacted , That it shall be the duty of the court to swear the jury to try the questions of damages involved, according to the principles laid down in the fourth section of this act. Sec. 6. Be it further enacted , That said corporators shall continue to constitute said board, and exercise the powers herein given the same, until the sum of two hundred thousand dollars capital stock is subscribed, when the directors elected by the subscribers of said amount shall elect their own officers, and make such by-laws and regulations as shall be necessary to carry out the objects of said incorporation, not inconsistent with law. Corporators to discharge duties of board until when. Sec. 7. Be it further enacted , That the capital stock of said company shall be one million of dollars, and said company may organize and begin said work whenever the sum of two hundred thousand dollars shall be subscribed. Capit'l stock Sec. 8. Be it further enacted , That all laws in conflict with this act be, and are hereby, repealed. Approved October 12, 1870. (No. 232.) An Act to incorporate a Street Railroad Company in the city of Rome and its adjacencies, to be known as the Rome Street Railroad Company, granting to it all such powers and privileges as are usually granted to companies of like character, defining its liabilities, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That Zachariah B. Hargrove, Robert T. Hargrove, William G. Holmes, William B. Terhune, W. A. Fort and J. M. Spullock, and such others as they may hereafter associate with them, and their successors, be, and they are hereby, made a body politic under the name and style of The Rome Street Railroad Company, with all the powers, privileges, grants, uses and rights granted to the Augusta Street Railroad Company, in Georgia, so far as the same may be used in the city of Rome, Georgia, and its adjacencies, with a grant of this right in fee simple for the term of thirty years, any law, usage or custom to the contrary notwithstanding. Corporators Style. Powers defined. Sec. 2. Repeals conflicting laws. Approved September 20, 1870.

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(No. 233.) An Act to authorize the Rome Railroad Company to consolidate its stock with the Memphis Branch Railroad Company, and for other purposes therein named. Section 1. Be it enacted, etc. , That the Rome Railroad Company may at any time hereafter consolidate its stock and franchises with the Memphis Branch Railroad Company, by and with the consent of the stockholders of both of said companies, and when said consolidation is made, the conslidated company shall assume the corporate name of The Memphis Branch Railroad Company. Rome R. R. may consolidated stock with. Style. Sec. 2. Be it further enacted , That all the privileges, rights and immunities heretofore granted, or which may hereafter be granted, to either of said companies shall continue, and appertain, and belong to the consolidated company. All rights conferr'd on new road. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 234.) An Act to extend the aid of the State to the completion of the Savannah, Griffin North Alabama Railroad, and for other purposes. Whereas, The Savannah, Griffin North Alabama Railroad Company has completed, equipped and running a daily train on said road, from Griffin, in Spalding county, to Newnan, in Coweta county, a distance of thirty-six miles, and the balance of said road is surveyed and being located, and is partially graded to Carrollton, in Carroll county, a distance of twenty-four miles from Newnan, and thence to Bowdon, in said county, a distance of twelve miles from Carrollton, and within three miles of the State line between this State and Alabama; and whereas, said company contemplates, as soon as their financial condition will justify it, extending said road to Decatur, Alabama, or such other point as said company shall hereafter designate on Memphis Charleston Railroad; and whereas, the building and completion of said road is of great importance to the agricultural, commercial, mineral and manufacturing interests of the people of Georgia; and whereas, financial embarrassments, resulting from the late war, render the stockholders unable to complete said road at an early day: therefore Preamble. Section 1. Be it enacted, etc. , That his Excellency the Governor be, and he is hereby, authorized to place the indorsements of the State on the bonds of the Savannah, Griffin North Alabama

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Railroad Company, which said company may issue, to the amount of twelve thousand dollars per mile, for as many miles of said road as are now completed, and a like amount per mile for every additional ten miles, as the same may be completed and placed in running order to the Alabama line, on the following terms and conditions, to-wit: before any such indorsement shall be made, the Governor shall be satisfied that as much of the road as the said indorsement shall be applied for is really finished and in complete running order, and that the same is free from all liens, or mortgages, or other incumbrances, which may in any manner endanger the security of the State; and upon the further condition and express understanding, that any indorsements of said bonds, when thus made, shall not only vest the titles of all property of every kind, which may be purchased with said bonds, until all bonds so indorsed are paid, but the said indorsement shall be, and is hereby, understood to operate as a prior lien or mortgage on all of the said property of the said company, to be enforced as herein provided. When Governor shall indorse bondsextent of. Sec. 2. In the event of any bond or bonds indorsed by the State, as provided in this act, or the interest thereon shall not be paid by said company at maturity, or when due and demanded, it shall be the duty of the Governor, upon information of such default, given by any holder of said bond or bonds so indorsed, 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 bond or bonds, or coupons; and shall also sell said road and equipments, and other property belonging to said company, in such manner and at such time and place as in his judgment may subserve the interest of all concerned. Failing to pay bonds at maturity, Gov's duty. Sec. 3. All laws in conflict with this act are hereby repealed. Approved October 17, 1870. (No. 235.) An Act to incorporate the Stone Mountain Granite Railway Company, and to confer upon the same certain rights, powers and privileges, and for other purposes therein. Section 1. The General Assembly of Georgia do enact as follows , That John T. Meador, William A. Richardson and W. B. Belknap, and their associates and successors, be, and they are hereby, incorporated and made a body politic and corporate, under the name and style of the Stone Mountain Granite Railway Company, and by that name shall be capable of suing and being sued, of pleading and being impleaded, and of buying and selling, leasing and holding, possessing and enjoying real and personal

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property, having, using and altering a corporate seal; of making, ordaining and establishing such by-laws, rules and regulations as may be necessary and proper for the orderly and convenient transaction and conduct of their businesssuch by-laws, rules and regulations to be consistent with the Constitution and laws of this Stateand to have perpetual succession, and elect such officers and appoint such agents as the interest and convenience of their business may require. Corporators Style. Powers and liabilities. Sec. 2. Be it further enacted , That said company shall have the right to construct and operate a railway from the village of Stone Mountain to and around the Stone Mountain, near the same, in the county of DeKalb, in said State, and to connect the same with the railroad of the Georgia Railroad Banking Company, with its consent: Provided , That in the event said railway shall be located and constructed over or across any public street or highway, said Stone Mountain Granite Railway Company shall comply with the requirements, and be subject to all the duties and obligations set forth and prescribed in article 4 of chapter 8, title 6 and part 1 of the Revised Code of this State relative to other railroad companies: And provided also , That if said railway shall be located and constructed upon or over the land of another, said Stone Mountain Granite Railway Company shall be subject to the liabilities imposed upon railroad companies in article 3 of chapter 3, title 8 and part 2 of said Revised Code. Special purposes of corporation. Sec. 3. And be it further enacted , That said Stone Mountain Granite Railway Company may erect upon their own land such shops, offices, stations, sheds and other buildings, as may be necessary for the efficient working of said railway, and the efficient quarrying and mining granite, and manufacturing the same into the various forms in which granite is used. May erect shops. Sec. 4. And be it further enacted , That said Stone Mountain Granite Railway Company may divide their capital stock, not exceeding five hundred thousand dollars, into such number of shares of one thousand dollars each, and issue certificates therefor, as they shall deem necessary and proper for the building, equipping and running said railway for the transportation of persons, freight, materials, implements, granite and other things connected with the business and operations of said company. May divide capital stock Sec. 5. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870.

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(No. 236.) An Act to confer corporate powers in this State on the South Carolina Railroad Company, and to grant certain privileges to the same. Section 1. The General Assembly of the State of Georgia do enact , That the South Carolina Railroad Company, a corporation existing by the laws of the State of South Carolina, is hereby made a corporate body, by the same name, and composed of the same corporation and officers as such; is authorized to sue and be sued, contract and be contracted with, and to receive, acquire, hold and convey real and personal property, and do all acts necessary and proper for the purposes of their corporate existence and the prosecution of their business as common carriers of freight and passengers. Made corporate company under same name. Powers. Sec. 2. The said company shall have power to extend their railroad from South Carolina into this State, crossing the Savannah River at some point above the corporate limits of the city of Augusta, and extending to some point on the Georgia Railroad, and connect their track with that of the said Georgia Railroad, by the consent of the Georgia Railroad Banking Company. Special powers. Sec. 3. The provisions of the charter of the Central Railroad Banking Company, in relation to the acquisition of right-of-way, and of land for the location of their track and appurtenant buildings, and in relation to the crossing of public roads, are made a part of this act, and are applied to said South Carolina Railroad Company. Provisions of C. R. R. Banking Co. applied to this. Sec. 4. If the said road shall cross the Augusta Canal, it shall cross at such an elevation as not to interfere with the navigation of the same, or a draw-bridge so constructed as to create no impediment to such navigation. Shall not interfere with Augusta Canal. Sec. 5. Said company shall be subject to the general laws of this State, and shall be liable to suit in the courts thereof on any contract made or to be performed, or on any tort or wrong committed within this State, and service of process on any agent of the company, personally, or by leaving a copy at its customary office for transaction of business shall be sufficient. Liable to laws of this State. Sec. 6. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 18, 1870. (No. 237.) An Act to incorporate the St. Marys Western Railroad Company. Section 1. Be it enacted, etc. , That Richard D. Fox, Joseph Lippman, J. M. Colman, John M. King, Silas Fordham, Joseph Shepard,

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R. H. Brown, Daniel R. Proctor, William T. Spencer, D. G. Resley, Edmond A. Souder, Stephen T. Souder, A. J. Bessent, H. L. Hillyer, George B. Wright, A. N. Hamilton, R. W. Phillips, F. M. Smith, W. H. Birge, J. M. Mattox and Virgil Hillyer, or a majority of them, are hereby constituted a board of commissioners for the purpose of organizing the St. Marys Western 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 three millions five hundred thousand dollars. Capit'l stock 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 number a board of five directors to manage and control the affairs of said company for one year, or until their successors are elected and installed; and said board of directors, as well as all other boards which may hereafter 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. Election of directors. Term 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. 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 turned over 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 three (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 St. Marys Western 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. Body corporate. Succession. Sec. 7. That said company shall have power to construct, maintain, equip and use a railroad from St. Marys, in Camden county, through Charlton, Ware, through Statenville, in Echols county,

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and other counties, to some convenient point on the Atlantic Gulf Railroad, at Valdosta, in Lowndes county, or Quitman, in Brooks county, as may be determined by the company to be the most practicable, with a branch to the Florida line, through Boston, in Thomas county, as said company 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 where a question of right-of-way arises, and the company cannot agree with the owner or representatives 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 such land is located, at the request of either party, shall summon a jury of five disinterested freeholders of said county, who shall assess the damages 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 time and place of meeting of said jury, and neither party appeals to the Superior Court in ten days thereafter. Question as to right-of-wayhow adjusted. Proviso. Sec. 9. That the right-of-way of said company shall not exceed two hundred feet in width. Right-of-way. Sec. 10. That the said company shall have the power to receive land and other property in payment, or part payment, of the subscription 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 payments, 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. Land received. Sec. 11. Be it further enacted , That the Governor of the State be, and he is hereby, authorized to indorse the bonds of the St. Marys Western Railroad Company at the rate of fifteen thousand dollars per mile, upon the same terms and conditions upon which he is authorized to indorse the bonds of the Georgia Air-Line Railroad Companywhich 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, 1868and it shall be the duty of the Governor of the State to give to said St. Marys Western Railroad Company the benefit contemplated in said sections as soon as said company have placed itself in the condition required by said sections. When Governor shall indorse bonds $15,000 per mile Sec. 12. That the privileges and restrictions in the remaining sections of the said act of 21st September, 1868, be, and they are

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hereby, declared of force and applicable to said St. Marys Western Railroad Company, so far as the same relates to the indorsement of bonds by the State. Provisions of certain act of force. Sec. 13. That all conflicting acts or laws are, and the same are hereby, repealed. Approved October 17, 1870. (No. 238.) An Act to amend the charter of the St. Marys Western Railroad Company . Section 1. Be it enacted, ect. , That the charter of the St. Marys Railroad Company be so amended as to have power to construct a branch from some convenient point on said road to Milltown, in Berrien county, or to connect with the Georgia Seaboard Northwest Railroad Company, (in contemplation,) with the same powers, privileges and advantages granted to the main line of said road. Charterhow amended. Sec. 2. Be it further enacted , And so amended as to have the right-of-way through all lands belonging to the State, in the counties through which said road with its branches passes, and to cross and connect with other railroads; and after the name of Richard D. Fox, insert the name of S. L. Burns; after the words Brooks county, in section seven, add, or Boston, in Thomas county; in the same section, strike out, through Boston, in Thomas county; in section twelve add after the words bonds by the State: Provided , That nothing in said act shall be so construed as to prevent the granting of aid and indorsement of the bonds of said railroad company to the whole length of said road and its branches. Right-of-way. Names inserted. Proviso added. Sec. 3. Be it further enacted , That all laws in conflict with this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 239.) An Act to amend an act entitled an act to loan the credit of the State to the South Georgia Florida Railroad Company; to fix the location and termini of said road; to extend the aid of the State to the further completion of said road, and for other purposes, assented to September 26, 1868. Whereas, A part of the preamble to the aforesaid act is set forth in the following words: whereas, the South Georgia Florida Railroad, a road chartered by the Legislature of the State of

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Georgia, to be built from the city of Albany to the city of Thomasville, in this State, is a work of great general as well as local value, and important to a large portion of the good people of the State; and whereas, the same does not correctly state the location of the termini of the South Georgia Florida Railroad Preamble. Section 1. Be it therefore enacted , That said part of said preamble be so amended as to read as follows: whereas, the South Georgia Florida Railroad, a road chartered by the Legislature of the State of Georgia, to be built from the city of Albany, by way of the city of Thomasville, to the Florida line, is of great general as well as local value and importance to a large portion of the good people of this State. Preamble amended. Sec. 2. And be it further enacted , That when any additional ten miles have been graded and in running order, the indorsement of the State shall be placed upon the bonds of the said company, at the rate of twelve thousand dollars per mile: Provided , That nothing in this act contained shall be construed to extend the aid of the State to any part of the said road already built. When State may indorse $12,000 per mile. Sec. 3. And be it further enacted , That all the provisions of said act shall apply to the South Georgia Florida Raidroad as defined by its charter. Sec. 4. And be it further enacted , That all laws militating against this act are hereby repealed. Approved October 17, 1870. (No. 240.) An Act to incorporate the Savannah Price Street Railway Company, and for other purposes . Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, William T. Murphy, John Lama, Henry S. Fitch, Henry C. Murphy, Peter L. Constantine, John Scriven, David R. Dillon, S. Yates Levy, George Willey, Richard D. Arnold, Lachlan H. McIntosh, James C. McBurney, C. K. Osgood, and such others as they may associate with them, and their successors and assigns, be, and they are hereby, declared a body politic and corporate, by the name and style of the Savannah Price Street Railway Company, and in and by that name may sue and be sued, plead and be impleaded in any court of law or equity in this State, or where their rights may come in question; may have and use a common seal, and the same alter or destroy at pleasure, and purchase, accept, hold, enjoy or convey any property, real, personal or mixed, that may be necessary for the purposes hereinafter set forth, or which they may acquire in the progress of their business. Corporators Style. Powers and liabilities.

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Sec. 2. Be it further enacted , That said company shall have the power and authority to survey, lay out, construct and equip, use and employ a street railway in the city of Savannah, commencing at the corner of Bull and Bay streets; thence running to Price street; running thence on Price to Gordon street; and thence east on Gordon to East Broad street; and thence on East Broad to Anderson street; and thence on the White Bluff road to White Bluff: Provided , The said route shall be subject to the approval of the City Council of Savannah before the work thereon shall be commenced: Provided also , That the property of said company shall be subject to the same State, county and city taxes as the property of individuals in said city of like value is or may be subject to, unless the City Council should at any time think fit to exempt the same, either in whole or in part, from the payment of city taxes. Special powers. Sec. 3. Be it further enacted , That the capital stock of said company shall be two hundred thousand dollars, which may be increased to any amount deemed necessary by the incorporators to carry on the business of the company, books of subscription for which shall be opened in Savannah, and at any other point or points which may be deemed advisable in the United States. Capit'l stock Sec. 4. Be it further enacted , That the officers of said Savannah Price Street Railway Company shall be a president, secretary and five or more directors, to be chosen at such time and in such manner as the corporators, or a majority of them, may determine, and the said president and board of directors shall have full power and authority to establish all by-laws, rules and regulations for administering the affairs of said company and for carrying on the business, and to do all acts and to give all orders therein which may be necessary, and not inconsistent with the Constitution and laws of this State or of the United States. Officershow chosen. President and boardpowers of. Sec. 5. Be it further enacted , That the said Savannah Price Street Railway Company shall have the privilege of employing steam engines upon their lines, the consent of the City Council of Savannah having been first obtained. Employ steam engines. Sec. 6. Be it further enacted , That in the event of the said Savannah Price Street Railway Company concluding to select, by a vote of a majority of the directors, any other route than the White Bluff road, they shall have the power to extend their lines beyond the corporate limits of the said city not more than ten miles, and in the event of said extension, the damages to the owners of the strip or strips of land through which said road may run shall be ascertained and settled in the same manner as is prescribed in the charter of the Central Railroad Banking Company. Company choosing another route, may do sohow. Sec. 7. Be it further enacted , That said Savannah Price Street Railway Company may carry upon their lines freight to the corporate limits, as the exigencies of the business community and public may require. Carry freight. Sec. 8. Be it further enacted , That the franchises and privileges granted to the above named corporators shall be forfeited, if, at

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the end of three years, the said road is not completed and in working operation to Anderson street. Must be completedwhen. Sec. 9. Repeals conflicting laws. Approved October 12, 1870. (No. 241.) An Act to authorize the Southwestern Railroad Company to subscribe for stock in the Americus Florence Railroad Company . Section 1. Be it enacted, etc. , That the Southwestern Railroad Company be, and is hereby, authorized to subscribe for stock in the Americus Florence 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. Subscribe for stock in A. F. R. R. Sec. 2. Repeals conflicting laws. Approved October 22, 1870. (No. 242.) An Act to incorporate the Skidaway, Pine Island Seashore Railroad Company for the purpose of opening a railroad communication from a point at or near the terminus of the Savannah, Skidaway Seaboard Railroad on the Isle of Hope, or Skidaway Island, to the Sea . Section 1. The General Assembly of the State of Georgia do enact , That James I. Waring, I. Frederick Waring, J. H. Gould, T. B. Marshall, Thomas Arkwright, and such other individuals as the above named persons shall associate with them and their assigns, shall hereafter be a body corporate, by the name and style of the Skidaway, Pine Island Seashore Railroad Company, and by said corporate name shall be capable in law to buy, hold and sell real and personal estate, make contracts, sue and be sued, to make by laws, and to do all lawful acts properly incident to a corporation, and necessary and proper for the transaction of the business for which it is incorporated, and to have and use a common seal, and the same to alter and destroy at pleasure. Corporators Style. Powers. Sec. 2. Be it further enacted , That the capital stock of said company shall be one hundred thousand dollars, divided into shares of one hundred dollars each, but may be increased to a sum not exceeding two hundred thousand dollars. ($200,000,) whenever it

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may be deemed expedient by a majority of the board of directors of said corporation for the time being; and whenever a majority of the board of directors of said corporation may so determine, the said board shall have the power to issue bonds of the said company in amounts of $500 to $1,000, not to exceed $30,000. Capit'l stock Shares. When road may issue bondsam't Sec. 3. Be it further enacted , That the said corporation be, and it is hereby, authorized and empowered to make, construct and maintain a railroad, for the transportation of produce, merchandise and passengers, of suitable width and dimensions, in the most convenient, proper and practical course from a point at or near the terminus of the Savannah, Skidaway Seaboard Railroad, on the Isle of Hope, or Skidaway Island, towards the south point of Skidaway Island, and thence across Little Warsaw River and Marsh to the Seashore, on Pine Island, and to make, construct and maintain branch railroads, beginning at such point on the main line as the directors of said company may select, running to Greene Island and Great Warsaw Island, paying to the owners of land through which the said main line of railroad and branches may pass a just indemnity, to be ascertained as hereinafter provided for, for the value of the land covered by the railway, and for twelve feet on each side of the same, for the procurement therefrom of timber, earth and other materials; and whenever any person shall own land on both sides of the railroad or its branches, the company shall be bound to construct and maintain such crossings as may be required by said owners, but no person shall be at liberty to cross such railroad, except by such roads, without the express permission of the corporation. Special powers enumerated. Sec. 4. Be it further enacted , That when any person shall feel aggrieved or injured by the said railroad and branches being carried through his lands, or when the said company cannot agree with any person through or on whose land the said railroad and branches shall be constructed, as to the damage sustained, the amount of such damage or injury shall be ascertained and determined by the written award of three sworn appraisers, to be chosen, one by the company, one by the owner, if he shall think proper, and one by the Ordinary of Chatham county; but if such owner shall decline to appoint an appraiser, then by two appraisers, to be appointed by the Ordinary aforesaid, and one by the companythe award of the appraisers, appointed as aforesaid, to operate as a judgment for the amount against the company, and shall be recorded in the Superior Court of the county of Chatham, as of the ensuing term of said court, and be enforced by execution from said court, with the right of appeal to either party, to be tried at the next term thereafter by a special jury; and the decision shall vest in the company the fee simple of the land in question, and in the other party a judgment for its value thus ascertained, to be enforced by the ordinary process of said county. Question of right-of-wayhow adjusted. Sec. 5. Be it further enacted , That whenever the said railroad or its branches shall intersect any public road, the company shall be bound to construct a safe and substantial bridge or crossing over

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or across said public road, to be afterwards maintained by the said company. Sec. 6. Be it further enacted, etc. , That the said company shall be entitled to operate said railroad by steam or horse power, and shall have the exclusive use of the same for their cars or other conveyances; and if said company shall permit or suffer others to use the same, it shall be entitled and empowered to receive and collect such toll for the use of the same as may be fixed by said company. May operate roadhow. Sec. 7. Be it further enacted, etc. , That any person injuring the property of said company, or who shall throw earth, stones, trees, rubbish, logs, or any other matter or thing whatsoever, upon the said railroad and branches, shall be punished by indictment as for a misdemeanor, and on conviction may be fined and imprisoned at the discretion of the court, and shall also be liable for such damages as may be occasioned thereby, to be recovered by action, at the suit of said company, or any person aggrieved, in any court having jurisdiction. Persons injuring road, guilty of misdemeanorpenalty. Sec. 8. Be it further enacted, etc. , That the said corporation, as soon as ten thousand dollars shall have been paid in, shall elect a board of directors, who shall elect, at their first meeting after such organization, one of their members as president, who shall receive such compensation as the said board of directors may determine; the term of office of the president and directors as aforesaid, and the manner and form of all subsequent selection of directors, and the number of said directors, and the number of votes to which stockholders shall be entitled, shall be fixed and established by the by-laws, rules and regulations of said corporation, to be framed by them, as provided in the first section of this act. Elect board of directors, president, etc. Votes. Sec. 9. The board of directors may call for further installments on each share, whenever necessary for the interest of said company, not to exceed one hundred dollars in all, on each share, giving at least sixty days' notice in the public gazettes of the city of Savannah of such call, and any and all stockholders failing to pay an installment so called for, for thirty days after the time designated by such call, shall forever forfeit his stock in the said company, and all payments which he may have heretofore made, and the stock so forfeited, shall vest in and become the property of said company, to be disposed of as the board of directors thereof shall determine. Boardpowers of. Sec. 10. Be it further enacted , That certificates of stock shall be issued to the stockholders on the payment of the sum required at the time of subscription, which shall be transferred on the books of the company only, and by personal entry of the stockholder or his legal attorney or representative only authorized for that purpose. Certificates of stock. Sec. 11. Be it further enacted , That the said company shall have full power and authority to carry such railroad over and across all or any rivers, creeks, water-courses, that may be in the route thereof, or any branch thereof, by any suitable bridges or other proper

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means: Provided , That when such railroad or its branches shall cross any navigable stream or water-course, the same shall not be so constructed as to impede the navigation thereof. Powers. Sec. Be it further enacted , That the said corporation shall have the exclusive privilege to construct, keep and build the railroad and branches as aforesaid during the term of twenty years, the time to be computed from the passage of this act, and after the expiration of said term of twenty years the General Assembly may authorize the construction of other railroads between the points aforesaid: Provided, nevertheless , The said Skidaway, Pine Island Seashore Railroad Company shall, after the lapse of twenty years, be and remain incorporate and vested, as to their own works, with all the estate, rights, powers and privileges by this act granted and secured, except the exclusive right aforesaid; but the General Assembly may renew and extend that exclusive right upon such terms as may be prescribed by law, and be accepted by said incorporated company. Exclusive privileges. Approved October 28, 1870. (No. 243.) An act to amend an act to incorporate the Savannah, Griffin North Alabama Railroad Company, approved February 11, 1854, and for other purposes therein mentioned . Section 1. Be it enacted, etc. , That the principal office of said company shall be in the city of Griffin, and said corporation is hereby authorized and empowered to lay out and construct, build and equip, maintain and use a railroad, with all necessary equipments and appurtenances, to commence at and extend from the city of Griffin, in Spalding county, through Newnan, in Coweta county, to such point on the line between the States of Georgia and Alabama as may be hereafter determined upon by the board of directors of said company; and by such corporate name shall be capable in law to purchase, accept, hold, sell and convey real and personal property, make contracts, sue and be sued, make bylaws, and do all lawful acts properly incident to a corporation, and necessary and proper for the transaction of the business of the corporation, and construction and use of the work for which it is incorporated; to have and to use a common seal, and the same to alter and destroy at its pleasure. Principal office-where kept. Sec. 2. Be it further enacted , That the capital stock in said company shall not exceed three millions of dollars, to be divided into shares of one hundred dollars each, and the board of directors of said corporation shall have power to prescribe the terms and conditions of the subscriptions of stock in said company, and issue

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certificates for the same: Provided , That the board of directors shall have the right to increase the capital stock of said company to such an amount as they may deem necessary to extend, build and equip their said road to Decatur, Memphis, or such other point on the Memphis Charleston Railroad, in the State of Alabama, as said board of directors may determine on, by the consent of the proper authorities of the State of Alabama; and said corporation is further empowered to build and equip such branch roads, connected with the main road, as said company may deem proper, and for such purpose may increase their capital stock to an amount sufficient for the purposes aforesaid. Capit'l stock Shares. [Illegible Text] of board. Sec. 3. Be it further enacted , That the offices of said company shall consist of a president and eight directors, or such number as the board of directors may establish by by-laws; the president and board of directors shall be elected by the stockholders, and shall hold their office for one year, or until a new election is had; the president shall always have a vote and voice as a director; the annual election for president and directors shall be annually on the first Thursday of November, until the board of directors shall, by by-laws, fix upon a different day. Officershow elected, and duties enumerated Sec. 4. Be it further enacted , That the number of votes to which each stockholder shall be entitled shall be equal to the number of shares that he, she or they may have or hold in his, her or their own right, or as trustee, for thirty days 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, and shall fix the compensation of the president of said board and all other officers of said company; five directors shall constitute a quorum for the transaction of business, of whom the president shall be one, except in case of sickness or necessary absence, in which event his place may be supplied by any one of the directors present, to be elected president protem . by a majority of the board present. Votes. Sec. 5. Be it further enacted , That the said Griffin North Alabama Railroad Company shall have power and capacity to purchase, have and hold, in fee simple, or for years, to them and their successors, any lands, tenements or hereditaments, that they may find necessary for the site on and along which to locate, run and establish the aforesaid railroad, or to vary or alter the plan or plans, and of such breadth and dimensions, through the whole course of said road, as they may see fit; and also, in like manner, to purchase and hold any lands contiguous to or in the vicinity of said railroad, that they may find necessary for the purpose of procuring all necessary or proper materials for constructing, repairing and adequately guarding and sustaining said railroad; and, in like manner, to purchase all rights-of-way on land, and all necessary privileges on waters or water-courses that may lie on or across the route of said road; and also all lands contiguous thereto, that may be found necessary for the erection of offices, storehouses and other buildings, structures or accommodations

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that may be necessary or useful to said road, or the business thereof; and said company shall have power to conduct the railroad across any public road or highway, and across any streams or water-courses that may lie across the route: Provided , Said company shall so construct their railroad across all public roads as not to obstruct or injure the same. General powers. Sec. 6. Be it further enacted , In all or in any case or cases where land or private rights-of-way may be required by said company for the uses aforesaid, and the same cannot, for the want of agreement between the parties, as to price or any other cause, be purchased from the owner or owners thereof, the same may be taken at a valuation to be made by three commissioners, or a majority of them, to be appointed by the Superior Court of the county where the land or the right-of-way be situated; and the said commissioners, before they act, shall severally take an oath before some Justice of the Peace faithfully and impartially to discharge the duties assigned them; in making said valuation, the said commissioners shall take into consideration the loss or damage which may occur to the owner or owners in consequence of the land being taken or the right-of-way obstructed, and also the benefit and advantage that he, she or they may receive from the establishment of said railroad, and shall state particularly the nature and amount of each, and the excess or loss or damage over and above the benefit and advantage, shall form the measure of valuation of the said land or right-of-way; the proceedings of said commissioners, accompanied with a full description and plat of said land, shall be returned under the hands and seals of said commissioners, or a majority of them, to the court whence said commission issued, there to remain of record; and the lands or right-of-way shall vest in said company in fee simple as soon as the valuation thereof may be paid, or when tendered may be refused: Provided , That if either party shall be dissatisfied with the award of the commissioners, he, she or they may appeal to the Superior Court of the county in which the land lies, and have the damages ascertained by the verdict of a jury at the first term, and such verdict shall be conclusive and binding on both parties, but with the right to appeal to the Supreme Court of the State. Question of right-of-wayhow adjusted. Sec. 7. Be it further enacted , That said company shall have the exclusive right of transportation and conveyance of persons, produce and merchandise and all other things over the railroads to be by them constructed, as long as they shall see fit to exercise such exclusive right. They may, in the discretion of the directors, lease or rent out their said road and other property, and make all by-laws and regulations touching said roads, and the uses and business of said road and corporation which they may deem fit and expedient: Provided , The same be not repugnant to the Constitution and laws of this State or of the United States. Exclusive rights. Sec. 8. Be it further enacted , If any person or persons shall intrude on said road, or any part thereof, by any manner of injury, obstruction or use thereof, or of the rights or privileges therewith

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connected, without the permission, or contrary to the will of said company, the person or persons so intruding shall and may be indicted as for a misdemeanor, and on conviction fined and imprisoned by sentence of the Superior Court of the county where such offense is committed; and if any person shall willfully and maliciously destroy, or in any manner hurt, damage, injure or obstruct, or shall willfully and maliciously cause, or aid and assist, or counsel and advise any other person or persons to destroy, or in any manner to hurt, damage or injure, or obstruct the said railroad, or any bridge, vehicle, edifice, right or privilege connected therewith, such person so offending shall be liable to damages on the civil side of the court, and shall also be liable to be indicted, and on conviction thereof shall be punished as now provided by law. Persons intruding on road, indictable for misdemeanorpenalty. Willfully injuring, liable on civil side of court Sec. 9. Be it further enacted , The power of making the by-laws and of appointing such officers, agents and servants as the business of the company may require, and of controlling generally its affairs, and of entering into contracts in its behalf, shall be exercised by the president and directors of said company. Power and control of president and directors. Sec. 10. Be it further enacted , The president and directors of said company are authorized, from time to time, to call on the stockholders for the payment of such installments on the shares subscribed, as they may deem necessary and expedient for the prosecution and completion of the said works, until the whole of the stock subscribed shall be paid in; and said president and directors shall give thirty days' previous notice of the amount of the installments so required to be paid, and of the time of payment; and a failure on the part of any stockholder to pay up one of the installments so called for as aforesaid, in the discretion of said directors, may induce a forfeiture of the share or shares on which said default is made, and all part payments thereon, and the same shall vest in and belong to said company, and may be appropriated, as they shall see fit, to the pruposes for which said company was chartered. Payment of installm'nts Notice to be given. Failure to pay may induce [Illegible Text] Sec. 11. Be it further enacted , That the said company shall have and enjoy all the rights, and privileges, and immunities granted to the Central Railroad Banking Companyexcept the privilege of bankingand also all the rights, privileges and immunities granted to this company by its original charter and amendments thereto. Immunities of C. R. R. Banking Co. extended to this. Sec. 12. Be it further enacted , That the charter hereby granted shall continue for the term of thirty years, to be computed from the time said road shall have been completed to the Alabama line. Duration of charter. Sec. 13. Be it further enacted , That said corporation shall in no case pay a higher rate of taxation on its net income, or on its property, than may by law be imposed on the Central Railroad, the Georgia Railroad, or the Air-Line Railroad. Taxation. Sec. 14. Be it further enacted , That a number of stockholders, not less than ten, who together shall be proprietors of five hundred shares or more, shall have power at any time to call a meeting

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of the stockholders for purposes relative to the interest of the corporation, giving at least thirty days' notice in one or more of the public gazettes published at Griffin and Newnan, specifying in such notice the object of such meeting. Who may call a meeting of stockholdershow. Sec. 15. Be it further enacted , That said corporation shall have power, in the discretion of the directors, to issue bonds for the building or equipping of said road, or for funding any debt or debts of said company, and to mortgage the road and other property of the company to secure the payment of all bonds thus issued. Corporation may issue bonds. Sec. 16. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed, and that this act shall be of force from the date of its passage. Approved September 22, 1870. (No. 244.) An Act to amend an act entitled an act to incorporate the Vernon Shell Road Company, and for other purposes therein named, assented to December 15, 1859. Sec. 1. Be it enacted, etc. , That the act incorporating the Vernon Shell Road Company be, and is hereby, so amended as that said company shall be authorized and empowered to construct branch roads, connecting their main trunk with places lying within the limits of Chatham county, with the rights and privileges of their original charter attaching thereto. Act amendedhow. Sec. 2. And be it further enacted , That the said company shall be fully empowered to construct, use and run over said shell road and branches, or other roads leading to it, steam friction or common road engines of foreign or American manufacture, as they may desire, with vehicles connected therewith, for the purpose of transportation of freight and passengers. Special powers. Sec. 3. And be it further enacted , That said company shall have full power to run their steam friction engines over the streets of the city of Savannah for the purposes above enumerated: Provided , Authority to do so be granted to said company by the Mayor and Aldermen of the city of Savannah. May run steam friction engineswhere. Sec. 4. And be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 24, 1870.

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(No. 245.) An Act to empower the Superintendent of the Western Atlantic Railroad to convey to the proprietors of the Kennesaw House, in the city of Marietta, the right to rest the pillars of the verandah to said house, upon the west side thereof, upon the right-of-way of said Western Atlantic Railroad . Section 1. The General Assembly enacts , That, from and after the passage of this act, the superintendent of the Western Atlantic Railroad be, and he is hereby empowered, and he is hereby directed, to grant to the proprietors of the Kennesaw House, in the city of Marietta, the right to rest the pillars of the verandah to said house, upon the west side thereof, upon the east side of the right-of-way of said Western Atlantic Railroad: Provided , The said pillars shall not occupy a space of more than three feet in width of said right-of-way: And provided further , That should the necessities of the Western Atlantic Railroad require the space of ground so occupied, the same shall be taken on the application of the superintendent of said road, notice thereof being given three months previous, by the superintendent of the road, to the proprietor or lessee of the Kennesaw House. Part of Kennesaw House to rest upon right-of-way of W. A. R. R. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 246.) An Act to authorize the Superintendent of the Western Atlantic Railroad to convey to the Macon Western Railroad certain land in exchange for certain land now owned by the said Macon Western Railroad . Whereas, The tracks of the Western Atlantic Railroad leading into its round-house, and a large part of its carpenter-shop and car-shed and its side-tracks south of its depot, are upon land belonging in fee simple to the Macon Western Railroad Company, and subject to be demanded by said company at any time, and said land is necessary for the operations of the Western Atlantic Railroad; and whereas, the Western Atlantic Railroad owns a part of the triangle formed by said roads and the old Monroe Railroad embankment which connects said railroads, which embankment and right-of-way belong in fee simple to the Macon Western Railroad Company; and whereas, it is for the mutual benefit of said railroads that they should use in common said right-of-way to connect with each other Preamble.

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Section 1. Be it enacted, etc. , That the superintendent of the Western Atlantic Railroad, with the approval of the Governor, is hereby authorized to convey in fee simple to the Macon Western Railroad Company so much of said triangle as said superintendent and the Macon Western Railroad Company, or its president, may agree upon, in consideration of said Macon Western Railroad Company conveying in fee simple to the Western Atlantic Railroad the land occupied by its said side tracks south of its depot, (the lines to be definitely fixed,) and in further consideration of said Macon Western Railroad Company conveying to the Western Atlantic Railroad the right to keep its said shop and shed where they now are for the present; but when they are removed or destroyed, then the right to use, in common with said Macon Western Railroad Company, said land for tracks for the mutual convenience of said railroads, and in consideration of a grant by the Macon Western Railroad Company to the Western Atlantic Railroad of the right forever to use, in common with said Macon Western Railroad Company, said right-of-way for the purpose of connecting with the said Macon Western Railroad in the business between said two railroads. Sup't W. A. R. R. to convey certain parcel ground to M. W. R. R., upon certain conditions. Approved October 25, 1870. VIII.TELEGRAPH COMPANIES. No. Act. 247. Darien Telegraph Company. No. Act. 248. Georgia Magnetic Telegraph Co. (No. 247.) An Act to incorporate the Darien Telegraph Company. Section 1. Be it enacted , That Charles S. Langdon, Carl Epping, Joseph Hilton, junior, and Richard Cogdell, together with such other partners as now are or may be hereafter associated with them, be, and the same are hereby, made a body politic and corporate, in law, for the purpose of establishing, erecting and maintaining an electro-magnetic telegraph, and transmitting intelligence by means thereof, between Darien, in the county of McIntosh, over the public roads to Johnson's Station, or any other point on the Atlantic Gulf Railroad, by the name and style of the Darien Telegraph Company, and by said name to have power and authority to sue and be sued, plead and be impleaded, answer

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and be answered unto, in any court of law or equity having jurisdiction thereof in this State; to make and use a common seal, and the same to break, alter or renew at pleasure; to purchase and hold such real and personal estate as the lawful purposes of such corporations may require, and the same to sell, alien and convey, or otherwise dispose of, as may be found needful in the business of said company; and to appoint such officers and agents as may be necessary for the proper management of the affairs of the company, and to make and ordain such by-laws as are not incompatible with the laws and Constitution of this State. Corporators Purposes. Style. Powers. Seal. Appoint agents. By-laws. Sec. 2. That the capital stock of the company shall consist of two hundred shares, of the value of twenty-five ($25) dollars each, amounting in the aggregate to five thousand dollars; but the company shall be at liberty to commence business so soon as a sufficient amount shall have been paid to complete the construction of said line from Darien to Johnson's Station, and place the same in working order; and certificates shall be issued to the shareholders in said company for the amount of stock they may respectively hold therein. Capit'l stock Commence businesswhen. Sec. 3. That for the better ordering and managing the affairs of said company, four directors shall be elected by and from among the shareholders annually, at such time and place as the said company by its by-laws may direct, each share being entitled to one vote; and the said directors so elected shall choose from among themselves a president, and they shall proceed to appoint such other officers as said board may deem necessary, and to establish such compensation for their services as is right and proper, as shall appear to them to be reasonable; and said board of directors shall have power and authority to contract with any person or persons, or bodies corporate, for the purpose of connecting its line of telegraph with any other line or lines. Election of directors. Votes. President and other officers. Compensation. Sec. 4. That the Darien Telegraph Company shall have power to set up their fixtures upon any road or roads without the same being held or deemed a public nuisance, or subject to be abated by any private person without due process of law. May set up fixtures. Sec. 5. That all the provisions of an act entitled an act to incorporate the Southwestern Electro-Magnetic Telegraph Company, approved March 1, 1856, contained in section fourth, from and including the word provided, in said section, and contained in sections fifth, sixth, seventh and eighth of said act, are hereby made a part of this act of incorporation. Provisions of another act ext'nded Sec. 6. That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870.

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(No. 248.) An Act to incorporate the Georgia Magnetic Telegraph Company. Section 1. The General Assembly of the State of Georgia do enact , That I. C. Plant, F. I. Champion, R. P. Lanier, Clifford Anderson, W. W. Wrigley, B. Conley and Thomas J. Speer, and such others as may be associated with them, and their successors, be, and the same are hereby, created a body politic and corporate, under the name and style of the Georgia Magnetic Telegraph Company, with power to sue and be sued, and to have and hold such property as may be necessary to carry on the business of said company, and to make all needful by-laws and regulations and contracts for the conduct and management of said business. Corporators Style. General powers. Sec. 2. Said company shall have the exclusive right, so far as the same does not interfere with rights which any other company has under the laws of this State, to construct telegraph lines along the line of every railroad now in existence, or which may hereafter be built in this State, for the transmission of messages to and from any and all points and places on said railroad, and shall have the right to use said telegraph lines and such machinery as may be necessary to operate the same, and to do all other things needful to carry on the business of a magnetic telegraph company. Sec. 3. Said company shall have the right to charge for the transmission of messages over their lines such rates of compensation as they may determine, not exceeding three-fourths of the rates now charged by any magnetic telegraph company now doing business in this State: Provided, however , That messages sent on public business by the executive officers of the State Government shall be transmitted free of charge. Special powers enumerated. Sec. 4. That the capital stock of said company shall be one hundred thousand dollars, distributed into shares of one hundred dollars each; but said company may organize and commence business when twenty thousand dollars shall have actually been paid in. Sec. 5. That the officers of said company shall be a president and five directors, and such other officers as may be provided for by the by-laws of said company, who shall be elected in such manner and at such time and place as the by-laws of said company may direct. Officers to be elected. Sec. 6. That each stockholder of said company shall be personally liable for the debts of said company to the extent of the stock held by such stockholder. Liability. Sec. 7. All laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870.

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IX.TURNPIKE COMPANIES. No. 249. Habersham Union Turnpike Company. (No. 249.) An Act to amend an act to incorporate the Habersham Union Turnpike Company, and grant certain privileges to the same, and for other purposes herein mentioned, and to change the name of the same. Section 1. Be it enacted, etc. , That the above recited act be so amended as to shorten said turnpike road, making the said road to commence at the old toll-gate, on the Elder Farm, in the county of White, at the 21-mile post from Clarkesville, and to end at the 25-mile post, on the west side of the Blue Ridge, which includes the whole of the mountain. Road commencewhere. End where. Sec. 2. Be it further enacted , That said company shall have authority to charge the following rates of passage: for a 4 or 6 horse wagon, 50 cents; a 3 horse wagon, 30 cents; a 2 horse wagon, 25 cents; a 2 horse pleasure carriage, 50 cents; a 1 or 2 horse buggy, 25 cents; a drove of horses or mules, 4 cents each; a drove of cattle, 2 cents each; hogs, sheep or goats, 1 cent each. Rates of toll Sec. 3. And be it further enacted by the authority aforesaid , That all the rights, privileges and powers conferred on said company by the existing charter to the original road, and the control and government, and every right, privilege or power to the same, are hereby continued in force, and are hereby made applicable to the road as curtailed by this act. Rights of original charter continued in force. Sec. 4. Be it further enacted , That whereas the original charter incorporating this company, approved December [Illegible Text], 1841, is about to expire: therefore this act shall continue in force for the term of thirty years. Act continues for 30 years. Sec. 5. Be it further enacted , That as said road is now in the counties of Towns and White, the name of said company be changed to the White and Towns Turnpike Company. Name changed. Sec. 6. Be it enacted , That all laws militating against this act be, and the same are hereby, repealed. Approved September 16, 1870. For act incorporating this company, see pamphlet of laws of 1840, p. 94; for acts amendatory, see pamphlet of laws of 1841, p. 121; also 1847, pamphlet, p. 29e.

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X.UNIVERSITIES, COLLEGES, ETC. No. Act. 250. Oglethorpe University. 251. Emory College. 252. Cherokee Wesleyan Institute. No. Act. 253. Georgia Historical Society. 254. Trustees of Christ Church. (No. 250.) An Act to alter and amend an act entitled an act to alter and amend an act entitled an act to incorporate Oglethorpe University, at Midway, assented to December 21, 1835, approved October 10, 1868. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the corporate name of the Trustees of the Oglethorpe College, referred to in the above recited act, as located at Midway, shall be the Trustees of Oglethorpe University, located in the city of Atlanta, and as such they shall succeed to and hold all the property, rights and franchises of the Trustees of the Oglethorpe College, and be bound by all their liabilities; and, in addition to the literary and scientific departments already established, shall be authorized to establish law, medical, commercial, normal, agricultural, and such other schools, colleges or departments of learning and art, in said university, as may be useful in the promotion of the arts and sciences, in the way most likely to attain the ends desired, with all the powers incident to and necessary for the establishment of a first-class university in the city of Atlanta; with all the rights, privileges, immunities and franchises usually conferred upon universities; with power to grant diplomas and confer the degrees of Bachelor of Arts, Bachelor of Law, Doctor of Medicine, Doctor of Laws, Doctor of Divinity, and such other degrees and honors as are usually conferred by universities, in such manner, and at such times, and under such circumstances as said board of trustees may deem best. Corporate name. Succession. Certain rights conferred. Special powers. Sec. 2. Be it further enacted by the authority aforesaid , That all such powers, rights, privileges, immunities and franchises necessary to perpetuate a medical school, college or department in Oglethorpe University, be conferred upon said university as are given, granted or conferred upon the Atlanta Medical College, by an act to incorporate the same, and for other purposes, assented to February 14, 1854, and acts amendatory thereof, including the rights and privileges conferred upon graduates of the same, and that all such powers, rights, privileges, immunities and franchises as are necessary to perpetuate a law school, college or department in Oglethorpe University, be conferred upon said university as are given, granted or conferred upon the Lumpkin Law School, by an act to incorporate the same, and for other

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purposes, assented to December 19, 1859, and acts amendatory thereof, including the rights and privileges conferred upon the graduates of the same. Franchises of Atlanta Medical College conferred on this. Sec. 3. Be it further enacted by the authority aforesaid , That all laws or parts of laws militating against the provisions of this act be, and the same are hereby, repealed. Approved October 25, 1870. For act amended, see acts of 1868, p. 125. (No. 251.) An Act to amend an act entitled an act to incorporate Emory College, to be located in the county of Newton, assented to December 10, 1836. Whereas, At the time of the passage of the said act of December 10, 1836, the said institution of learning was under the exclusive control of the Georgia Annual Conference of the Methodist Episcopal Church, the said conference embracing within its limits the greater portion of the State of Georgia; and whereas, since that time the name of the said conference has been, by the proper tribunal, changed to the Georgia Annual Conference of the Methodist Episcopal Church, South; and whereas also, since that time the territorial limits of the said State of Georgia have, by the proper authority of the said church, been divided into two annual conferences, the one known and called the North Georgia Annual Conference of the Methodist Episcopal Church, South, and the other known and called the South Georgia Annual Conference of the Methodist Episcopal Church, South; and whereas, at and after the said division, the said two conferences retained their respective interests in the said college; and whereas also, since the said division the said two conferences, through the board of trustees, have invited the Florida Annual Conference of the Methodist Episcopal Church, South, to participate with them in the control and support of the said Emory College, which said invitation was duly accepted by the said Florida Annual Conference; and whereas, it is deemed necessary, in view of the premises, that the number of the trustees of the said Emory College should be increased, and the said original act of incorporation be so amended as to conform to the present relation of the said three conferences to the said college Preamble. Section 1. Be it therefore enacted, etc. , That the first section of the said act of incorporation, assented to on the 10th day of December, 1836, be, and the same is hereby, repealed and stricken

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out, and the following section herein stated be inserted in the place and instead thereof, viz: That Bishops George F. Pierce and James O. Andrew, and five members (each of them being an itinerant minister of the gospel,) of the North Georgia Annual Conference of the Methodist Episcopal Church, South, to-wit: Rev. William J. Parks, Rev. Josiah Lewis, senior, Rev. Alexander Means, Rev. G. J. Pearce and Rev. Wyman H. Potter, and the five following named itinerant ministers being members of the South Georgia Annual Conference of the Methodist Episcopal Church, South, viz: Rev. Lovick Pierce, Rev. James E. Evans, Rev. Joseph S. Key, Rev. E. H. Myers and Rev. O. S. Smith, and three, viz: Rev. Josephus Anderson, Rev. Samuel Woodbury and Rev. T. W. Moore, being itinerant ministers and members of the Florida Annual Conference of the Methodist Episcopal Church, South, and John J. Floyd, Thomas W. Meriwether, Henry Gaither, James J. Wright, William H. Goodrich, E. E. Rawson, George N. Lester, William H. Chambers, James Jackson, A. H. Colquitt, John J. James and Richard Trumbull, the last twelve named being lay members of the said Methodist Episcopal Church, South, be, and they are hereby, appointed trustees of a college now established in the county of Newton, in this State, which said college is known and called by the name of Emory College, seven of whom shall constitute a quorum. 1st section of certain act repealed In lieu thereof. Sec. 2. And be it further enacted , That the said original act of incorporation be, and the same is hereby, further amended by repealing and striking out of the same the whole of the seventh section thereof, and inserting in the place and instead thereof a section as follows: That the said trustees, in their corporate name and character, shall have perpetual succession; and when any vacancy shall occur in said board of trustees, by death, resignation, removal or otherwise, such vacancy may be filled by the said board, or a majority of them, at any regular meeting thereof: Provided, however , That any vacancy in the said board, caused by the death, or removal, or resignation, or otherwise, of any one of the itinerant members of the respective conferences, shall be filled with another itinerant member of the same conference, so that the North and South Georgia Annual Conferences, shall each be represented in said board of trustees by five itinerant ministers, and the Florida Conference be represented by three; the lay members of said board of trustees may be chosen indiscriminately from either or all of said conferences as by said board may be deemed most advisable. Act further amendedhow. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 17, 1870.

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(No. 252.) An act to amend an act entitled an act to incorporate the Cherokee Wesleyan Institute, and for other purposes. Whereas, At a regular session of the North Georgia Annual Conference of the Methodist Episcopal Church, South, convened at Rome, Georgia, December 8, A. D. 1869, a resolution was adopted proposing to transfer all the right, title and interest, held by said conference, to the Cherokee Wesleyan Institute, located at Cave Spring, Georgia, and all the appurtenances thereunto belonging to the Rome District in said conference, upon the condition that said Rome District accept the same with all its liabilities and incumbrances; and whereas, at a regular session of the Rome District Conference, held at Cave Spring, Georgia, on the 30th day of June, A. D. 1870, said conference did accept the Cherokee Wesleyan Institute, with all the appurtenances thereunto belonging, upon the condition proposed by the said North Georgia Annual Conference: therefore Preamble. Section 1. Be it enacted, etc. , That Rev. W. F. Cook, R. T. Hargrove, W. G. Simmons, A. C. Tremble, W. C. Peak, L. D. Palmer, Joseph Hamilton, W. C. Harris, Rev. Robert H. Jones, T. M. [Illegible Text], J. T. Hamilton, James Harris, A. Thornburg, W. L. Troutman, L. J. Jones, James H. Cooper, S. C. Trout, R. A. Tilley, A. S. Ford, F. A. Glenn, George T. Watts, trustees, and their successors, be, and they are hereby, constituted a body politic and corporate, under the name and style of the Trustees of the Cherokee Wesleyan Male and Female Institute; that they may have a common seal, a perpetual succession of officers and members, and are hereby declared capable of suing and being sued, 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 estate, and may collect all donations now due them, or hereafter to fall due them by donation, subscription or otherwise, and all the estate acquired, or hereafter to be acquired, by them; said corporation may have, use and improve the same for the benefit of the institution herein incorporated. Corporators Name. Powers of corporators. Sec. 2. And be it further enacted , That the trustees aforesaid and their successors in office shall be empowered to receive all gifts, grants, legacies, privileges and immunities which may be made or bequeathed to them, and that no misnomer of the corporation or other technical error shall prevent its rights from being tested when it may appear or shall be ascertained that it was the intention of the party or parties to give, grant, bequeath or devise any estate, property, rights or interests to said corporation for the use and benefit of either or both departments of said institution. Trustees may receive gifts. Misnomer does not vitiate its corporate right Sec. 3. And be it further enacted , That all the estate now and hereafter held by said corporation shall be for the use of the

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Cherokee Wesleyan Male and Female Institute, located at Cave Spring, Georgia, to be applied to educational purposes in the erection, endowment and support of said institution herein located. Estatefor what use. Sec. 4. And be it further enacted , That said corporation shall have power to make such by-laws for the government of said institution as to them may seem proper, and not inconsistent with the Constitution and laws of this State or United States; elect all necessary officers and professors, prescribe the course of study, provide such rules as they may deem proper, confer, through the faculty or faculties, such honors, medals and privileges as are usually conferred by other institutions. May make by-laws and elect professors, prescribe study Sec. 5. And be it further enacted , That the lots of land belonging to, and the buildings erected thereon, shall not be subject to the payment of city or other taxes. Property exempt from taxation. Sec. 6. And be it further enacted , That the number of trustees shall be twenty-one, seven of whom shall be by them designated as an executive board, who, with the consent of the board of trustees, may fill all vacancies occasioned by death, resignation, removal from the district or otherwise, and transact all other business pertaining to the interest of the institution herein incorporated. Numbers of trustees. Sec. 7. And be it further enacted , That the trustees, or a majority of them, through a majority of the executive board, shall have the power of appointing annually a president or principal teacher and such other officers and teachers as by them may be deemed necessary to facilitate the business of the institutiondismissing all officers and teachers at pleasure. Presidenthow appointed. Other officers. Sec. 8. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved September 15, 1870. (No. 253.) An Act to amend an act entitled an act to incorporate The Georgia Historical Society, assented to December 19, 1839. Section 1. The General Assembly of the State of Georgia do hereby enact , That the provisions in the first section of the act entitled an act to incorporate the Georgia Historical Society, assented to on the nineteenth day of December, in the year eighteen hundred and thirty-nine, be, and the same are hereby, repealed. Sec. 2. And be it further enacted , That this act take effect immediately to its passage, and that all acts and parts of acts, so far as they militate with this act, are hereby repealed. Approved October 25, 1870.

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(No. 254.) An Act to amend an act entitled an [Illegible Text] [Illegible Text] [Illegible Text] and amend an act incorporating the trustees of Christ Church in the city of Augusta, and to change the name thereof to the First [Illegible Text] Church of the city of Augusta, assented to December 29, [Illegible Text]. Section 1. Be it enacted, etc. , That the trustees of the said church are hereby authorized and required to elect three persons, one for the term of one year, one for two years and one for three years, and one in each succeeding year, [Illegible Text] the term of his predecessor expires, all to be pew-owners in said church, and residents of Richmond county, in said State, who shall constitute an endowment committee, and whose duty it shall be to take control of and hold all the property, real and persons of said church and titles thereto, which may hereafter come into the possession of said church, whether by gift, grant, purchase or devise, or in any other way, and to keep, invest, use and employ the same as in their discretion may seem most conducive to the interest of said church; but they shall not have any power or authority to sell any of said property, except only such as they may desire to change into some other kind of investment; nor shall they have any power or authority to hypothecate any of said property as security for any loan of money; all the annual income from said property shall be subject to the order of the board of trustees, but no part of the capital or corpus of the same; and any [Illegible Text] part of said income shall be added each year to the capital funds; and it shall be the duty of said endowment committee to report annually the amount of the capital funds to the board of trustees. Election of three personshow. Endowment committee. Powers and duties. Sec. 2. Repeals conflicting laws. Approved October 18, 1870.

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XI.WATER COMPANIES. No. Act. 255. Water-works in Atlanta. No. Act. 256. Atlanta Great Western Canal Co. (No. 255.) An Act to authorize the Mayor and Council of the city of Atlanta to provide for the introduction of Water Works in said city, and for other purposes. Whereas, By reason of the rapid increase of population in the city of Atlanta, it has become manifest that the present supply of water for extinguishing fires and for domestic and sanitary purposes is inadequate for the wants of said city Preamble. Section 1. Be it enacted, etc. , That for the purpose aforesaid, there shall be created within the city of Atlanta a board of water commissioners, to consist of one member from each ward, to be elected and empowered to act as hereinafter described. Said water commissioners shall be elected by the voters having the right to vote for Mayor and members of Council, and shall be chosen at any regular annual election for city officers, and the persons so elected shall constitute the board of water commissioners, and shall choose from their number, annually, one as president of said water board; but the Mayor of Atlanta and his successor in office shall, ex officio , always be one of said board; and the members so elected shall determine by lot or otherwise, after a period of two years, who of their number shall vacate the board, to the extent of two members, thereby creating a vacancy to be filled at the next regular election, who may hold their offices for the term of two years from the date of their installment. Board of commissionersof whom to consist. How elected When. Mayor of city ex officio member. Vacancy to be created. Term of office. Sec. 2. And be it enacted , That said board of commissioners, in proceeding to organize, shall take and subscribe the oath administered to the Mayor and members of the Council, and shall provide books in which shall be kept a record of the acts and doings of said board, a full report of which shall be made annually to the Mayor and Council of Atlanta; and the books of said board shall be subject to examination, at any time, by persons authorized to do so by the Mayor and Council. Commissioners shall take oath. Book of record. Sec. 3. And be it enacted , That a majority of said board shall constitute a quorum for the transaction of business; and all contracts and engagements, acts and doings of said board within the scope of their duty or authority, shall be obligatory upon, and be in law considered as if done by the Mayor and Council of the city of Atlanta; and the said Mayor and Council, and all the real estate within the city of Atlanta, shall be liable for the payment

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of the principal and interest that may become due on the bonds or obligations to be issued by virtue of this act. Quorum. Mayor, etc., of Atlanta responsible for acts of board. Sec. 4. And be it enacted , That the said board shall, for and in the name of the Mayor and Council of the city of Atlanta, take and hold the lands and real estate, rights, franchises and property of every kind so purchased by the board aforesaid, and any other lands, real estate or property necessary, in their opinion, for the construction of any canals, aqueducts, reservoirs or other works for conveying or containing water, or for the erection of any buildings or machinery, for laying any pipes or conduits for conveying the water into or through the said places, or to secure and maintain any portion of the works, and in general to do any other act necessary or convenient for accomplishing the purposes contemplated by this act. How board shall hold real estate. Sec. 5. And be it enacted , That in case of any disagreement between said board and the owners of any lands of water-rights which may be required for the said purposes, or affected by any operation connected therewith, as to the amount of compensation to be paid to said owner, or in case any such owner shall be an infact or a married woman, or insane, or shall be absent from the State, the Judge of the Superior Court of Fulton county shall, on the application of either party, or in case any such owner shall be unknown or cannot be found, then, upon notice of such application, to be given as said court may direct, nominate and appoint three disinterested persons te examine such property and estimate the value thereof, or damage sustained thereby, who shall, after reasonable notice to the parties, or notice to be advertised as said court may direct, of the time and place where they will be heard in relation to the matter, proceed without delay to hear the same, and make their report thereon, and deliver the same to the court at the next session thereof, which shall be held in said county. Disagreement between company and land ownershow settled. Sec. 6. And be it enacted , That whenever such report shall be confirmed by the court aforesaid, the said board shall, within two months thereafter, pay to the said owner, or to such person or persons as the court may direct, the sum mentioned in said report, in full compensation for the property so required, or for the damage sustained, as the case may be; and in all cases where the title or interest of any person or persons in lands required and taken up for the purpose of this act is doubtful or disputed, or in case said owner shall be unknown, insane, non compos mentis , or an infant, or cannot be found, the value of, or damage to, such lands awarded by the commissioners appointed by said Judge of the Superior Court, may be paid into said court upon affidavit made of such facts by the claimant, his agent or attorney, and such payments shall have the same effect as if made to the owner thereof; and the said court may proceed, in a summary way, upon petition of any person claiming to be the owner of said lands, or any part thereof, and to what person or persons the said money shall be paid, and shall have power to distribute the same among the persons entitled thereto; and thereupon the Mayor and Council of the

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city of Atlanta shall become seized in fee of such property so required, and shall be discharged from all claim by reason of such damage. Report confirmed, board must pay. In case of doubtful titles and other disqualifications. Value of landsto whom paid. Effect of such payment. Sec. 7. And be it enacted , That the said board, in behalf of the Mayor and Council of the city of Atlanta, and all persons acting under their authority, shall have the right to use the ground or soil under any road, railroad, highway, street, lane, alley or court within the State, for the purpose of constructing, enlarging, improving any of the work contemplated by virtue of this act, upon condition that they shall not permanently injure any such road, railroad, highway, street, lane, alley or court, to be restored to its original state, and all damages done thereto to be repaired. Subterraneous rightof-way. Restrictions Sec. 8. And be it enacted , That all contracts for material, or for the construction of any part of said work which shall involve the expenditure of five hundred dollars or more, shall be made in writing, and of each contract two copies shall be taken, which shall be numbered with the number of said contract, and indorsed with the name of the contractor and a summary of the work to be done or materials furnished; one of said copies shall be deposited with the auditor of accounts of the city of Atlanta, and one shall be retained by said board; the said board shall have authority to require from any person or persons, with whom they shall enter into a contract, satisfactory security for the faithful performance of said contract according to its terms; and no member of said board shall be interested, directly or indirectly, in any contract relating to said work. Certain contracts must be made in writing. How indorsed. May require security of contractors. Sec. 9. And be it enacted , That for the purpose of purchasing materials and constructing the said Atlanta water-works, the board of commissioners shall be authorized to issue, for and in behalf of the city of Atlanta, certain obligations which shall be known as Atlanta water bonds, and of such denominations as convenience requires, to the amount of not exceeding five hundred thousand dollars, ($500,000,) bearing interest at the rate of 7 per cent. per annum, redeemable at the city of New York, thirty years from date, the interest of which shall be paid annually, in the city of New York, on all bonds to which this act refers. Board may issue bonds. Limit ofinterest onwhere redeemable. When and where paid. Sec. 10. And be it enacted , That for the purpose of paying interest on bonds which shall have been sold, and before a revenue can be realized from said water-works, not yet completed, the interest which may fall due on bonds disposed of, the Mayor and Council of Atlanta shall provide by tax for the payment of said interest. Mayor, etc., shall provide tax to pay interest Sec. 11. And be it enacted , That the said board shall regulate the distribution and use of said water in all places, and for all purposes, where the same may be required, and from time to time shall fix the price for the use thereof, and the times of payment, and they may erect such number of public hydrants, and in such places as they shall see fit, and direct in what manner and for what purposes the same shall be usedall of which they may change at their discretion: Provided , That all conduits or appliances required and furnished for the purpose of extinguishment of

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fires, shall be erected at the expense of the Mayor and Council of the city of Atlanta, and placed as they shall direct, and be under their exclusive control and direction. Board to regulate distribution of water and fix price of. Proviso. Sec. 12. And be it enacted , That the said board shall have full power and authority to require the payment in advance for the use or rents of water furnished by them in or upon any building, place or premises, and in case prompt payment for the same shall not be made, they may shut off the water from such building, place or premises, and shall not be compelled again to supply said building, place or premises with water until said arrears, with interest thereon, shall be fully paid. Powers [Illegible Text] board as to payment for use of water. May shu off water. Sec. 13. And be it enacted , That the said board shall make no contracts for the price of using the water for a longer term than three years, and at the expiration of any term or lease the price paid for the use thereof shall be adjusted according to the regulations then established. Contract [Illegible Text] use of water limited to years. Sec. 14. And be it enacted , That if any person or persons shall maliciously or willfully divert the water or any portion thereof from the said works, or shall corrupt or render the same impure, or shall destroy or injure any canal, aqueduct, pipe, conduit, machinery or other property used or required for procuring or distributing the water, such person or persons, and their aiders and abettors, shall forfeit to the said board, to be recovered in an action of trespass, treble the amount of damages, (besides cost of suit,) which shall appear on trial to have been sustained; and all such acts are hereby declared to be misdemeanors, and the parties found guilty thereof may be further punished by fine, not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both, at the discretion of the court. Person injuring [Illegible Text] diverting shall [Illegible Text]what Guilty [Illegible Text] [Illegible Text] or[Illegible Text] Sec. 15. And be it enacted , That all lands, and real estate, and property of every kind so held, as aforesaid, by the said board, for and in the name of the Mayor and Council of the city of Atlanta, shall be exempted from all taxes and assessments. Taxation. Sec. 16. And be it enacted , That the board shall be authorized to execute promissory notes, or accept drafts, for any of the legitimate purposes of the said works, in anticipation of the receipts of the proceeds of the sale of the bonds hereinbefore authorized to be issued by them, or of the revenue of the said works: Provided, however , That the whole amount of the permanent indebtedness of the city to be incurred by them, by virtue of this act, shall not exceed the sum of five hundred thousand dollars. Board may execut promissor note, [Illegible Text] drafts, etc. Proviso. Sec. 17. And be it enacted , That the said board shall have power to make rules and regulations respecting the introduction of the water into or upon any premises, and, from time to time, to regulate the use thereof in such manner as shall seem to them necessary and proper; and the members of said board, and all engineers, superintendents or inspectors in their service, are hereby authorized and empowered to enter, at all reasonable hours, any dwelling or other place where said water is taken or used, and when unnecessary waste thereof is known or suspected, and examine

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and inquire into the cause thereof; they shall have full power to examine all service pipes, stop-cocks, and other apparatus connected with said works, for the purpose of ascertaining whether the same are of the character and dimensions, and fixed in the manner directed in the permits issued therefor; and if any person or persons shall refuse to permit such examination, or oppose or obstruct such officer in the performance of such duty, he, she or they, so offending, shall be liable to such penalty, not exceeding ten dollars for each offense, as the board may impose, and the supply of water may also be shut off until the required examination is made, and such alterations and repairs are completed as may be necessary. Board [Illegible Text] make rule. [Illegible Text] powers. Sec. 18. And be it enacted , That for the purpose of enabling the treasurer of said city of Atlanta to pay the interest upon the bonds issued by virtue of this act, it shall be the duty of said board to pay annually to the said treasurer, and at least one week prior to the time when such payment shall become due, all the net revenue of their said works for the preceding six months, unless the said revenue shall be more than is sufficient for said payment, in which case they shall pay to said treasurer only a sufficient sum for that purpose; in order to create a fund for the payment of said bonds at their maturity, it shall be the duty of the Mayor and Council of said city of Atlanta to raise annually, by tax, the sum of thirty-five hundred dollars, until said bonds shall be paid and redeemed, which sum the treasurer of said city shall annually, on the first Monday in November of each year, pay over to said board for that purpose; the said board are hereby authorized to invest the said sum from time to time, together with such net revenue as may from year to year remain in their hands after paying all necessary expenses of said work, and the interest upon said bonds as a sinking fund for the redemption of said bonds; the said board shall have power to make such rules and regulations respecting the management of said fund as they shall deem expedient, but no part thereof shall at any time be used in any manner inconsistent herewith; they shall keep accurate and separate books from those in which their other accounts are kept, and shall annually make a full and detailed report of the state of the said fund to the Mayor and Council; in case the revenue received by the board shall not in any year be sufficient to pay said interest and all necessary expenses of said works, the said fact shall be reported in their semi-annual statements by the said board to the Mayor and Council, and it shall therefore be the duty of said Council to pay over to the said board an amount of funds equal to said deficiency; and, if necessary, they may raise said amount of tax in the next year thereafter. Duty of board as to paying treasurer. City authorities to raise annual taxhow invested. May punish non-payment of tax. Annual report. Sec. 19. And be it enacted , That the members of said board shall not receive any compensation for their services, but shall be paid for all reasonable expenses they may incur while in the performance of their duties; the said Mayor and Council shall be authorized by a committee of their own number, or otherwise, to inspect

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semi-annually, or oftener, the state and condition of the works and property, and all property thereto belonging, and the said board shall give them every reasonable facility and assistance in making such inspection. Board receives no compensation. Duty of board as to. Sec. 20. And be it enacted , That the Mayor and Council of the city of Atlanta may at any time remove any member of said board: Provided , It shall satisfactorily appear, after reasonable notice to the parties, and hearing the causes of complaint and answer thereto, if any shall be offered, that the member whose removal is sought has been guilty of mal-administration or neglect of the duties of his office, that his removal will be right and proper, and two-thirds of all the members elected to the said Council shall concur in such removal. City Council may remove Proviso. Sec. 21. And be it enacted , That said board of commissioners shall have power to appoint a competent engineer for the construction of said water-works, and to fix his compensation therefor while so employed; but said engineer shall have entire control of subordinates, either as assistants, mechanics or laborers, which may be required during the progress or after the completion of said water-works, and to fix the amount of compensation which all persons so employed shall receive. Board may appoint engineer and fix his compensation. Sec. 22. And be it enacted , That until a regular city election can be held, the Mayor and Council of Atlanta shall have and exercise all the powers which this act confers upon said commissioners. Mayor, etc, ex officio board until election for commissioners. Sec. 23. And be it enacted , That this act shall be deemed a public act, and take effect immediately. Sec. 24. Repeals conflicting laws. Approved September 23, 1870. (No. 256.) An Act to incorporate the Atlantic Great Western Canal Company, and to grant certain privileges therein named . Section 1. Be it enacted, etc. , That Edward Denmead, B. W. Frobel, Simon B. Buckner, M. A. Hardin, W. D. Anderson, Gustavus W. Smith, W. P. Price, John B. Gordon and Roland B. Hall, and their associates and successors, be, and they are hereby, created a body politic and corporate, by the name of the Atlantic Great Western Canal Company, and by that name they and their successors and assigns shall and may continue such body politic and corporate, and as such may sue and be sued, answer and be answered unto, defend and be defended, in all courts of the State of Georgia, or any place whatsoever, having competent jurisdiction over any matter, dispute or transaction touching the business affairs or property of said company. Corporators Name. May sue.

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Sec. 2. Be it further enacted , That the said company shall have the right, power and authority to own, build, construct and maintain a canal of such dimensions as it shall deem suitable, from or near the city of Rome, in Floyd county, and thence up the Etowah River to any convenient point that the said company may select, and thence to the Chattahoochee River, and from thence to the head-waters of the Ocmulgee or Oconee River, and from thence down said waters to Macon, or Brunswick, or Savannah, or to navigable water by such route as the said company may selectthe true intent and meaning of this act being to encourage and authorize the opening of a direct water communication across the State of Georgia, from the said city of Rome to the Atlantic seaboardand for this purpose the said company shall have full power and authority to improve by slack water navigation, or otherwise, the Etowah River, or any of its branches, above the city of Rome, and the Ocmulgee River above the city of Macon, and such portion of the Chattahoochee River as may be found necessary for completing this great and important work; and the said company shall have the right, power and authority to acquire by purchase, and to hold for their own use and purposes, all rights-of-way, or any other rights, property or franchises necessary to the carrying out the purposes of this charter. Rights, powers and authorities enumerated Sec. 3. Be it further enacted , That the said company shall have full power to collect such rates of toll as they may from time to time deem just, on all goods, wares, merchandise and produce, all lumber, logs and rafts of every description, all steamboats and vessels of every kind, and of all other things that may be transported over, conveyed or passed through said canal and slack water on any part thereof; and for all such toll on freights they shall have a lien on such property, and shall have the right to sell and dispose of the same at public auction, to satisfy the amount of such toll, or freight, whenever the same shall remain unpaid for the space of thirty days. Rates of toll May dispose of property. Sec. 4. Be it further enacted , That the capital of said company shall be two millions of dollars, divided into shares of one hundred dollars each, with power to increase the same to five millions of dollars, if the compnay shall deem such increase necessary to enable them to complete said canal and slack water navigation, and no canal shall be permitted hereafter to be cut, made or constructed, between the points aforesaid, within ten miles of said canal, on either side, without the consent of said company. Capit'l stock Shares. May be increased. Restrictions as to canal. Sec. 5. Be it further enacted , That the said company shall build good and substantial bridges across said canal wherever it may be crossed by public or private roads, and should any individual be injured by the backing of the waters of said canal, he shall have a right of action for damages against said company. Bridges to be built across canalwhere. Sec. 6. Be it further enacted , That the business of said company shall be managed by a board of directors, consisting of nine persons all of whom shall be stockholders in said company; and this [Illegible Text]

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of said company; but the corporators herein named shall constitute the first board of directors, and shall hold office until the first day of January, 1872, at which time the first election for directors shall be held, and an election shall thereafter be held annually on the first day of January, and the directors chosen at such election shall hold office for one year, or until their successors are chosen; but said company shall not be deprived of any of its corporate rights, powers or franchises, by reason of any failure to hold an election as above required. At such election each stockholder shall be entitled to one vote (to be cast by himself or proxy) for each share of stock held by him. Businesshow man-[Illegible Text] Elect pres't. Board of directorselection for. Annual election. Not prejudiced by failure to elect. Sec. 7. Be it further enacted , That the directors shall have power to make all such by-laws for the government of the affairs of said company as may be necessary, not inconsistent with the laws of this State, and of the United States. May make by-laws. Sec. 8. Be it further enacted , That the said company may mortgage, convey or lease their canal property or corporate rights and franchises to obtain money, to purchase, build, construct or maintain their works, or to secure the money obtained by them for any of these purposes. May mortgage their canal property. Sec. 9. Be it further enacted , That if any person or persons shall willfully damage, injure or obstruct said canal, or any of its appurtenances, such person shall be guilty of misdemeanor, and shall, on conviction, be punished by fine and imprisonment, at the discretion of the court. Persons damaging works guilty of misdemeanorpenalty. Sec. 10. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 27, 1870. SUPREME COURT DECISIONS. A defendant had been sentenced by the Mayor and Council of the city of Americus, to pay a fine of $20 and costs, and in default thereof, to be confined in the guard house of said city for twenty days, for disorderly conduct, and a petition for certiorari was presented to the Judge of the Superior Court, alleging error in the proceedings of said Mayor and City Council on the trial of said defendant, (to-wit,) that there was no evidence that the alleged disorderly conduct was committed within the corporate limits of said city , so as to give to the Mayor and City Council jurisdiction to try and punish the defendant therefor. The Judge refused the application for certiorari upon the statement of facts contained in the petition: Held , That the petition for certiorari made a prima facie case, which entitled her to have the alleged error reviewed and corrected, and that it was error in refusing the certiorari prayed for. 39 Ga. R., p. 59. The Mayor and City Council of Macon have full power and authority given them by charter to remove, or cause to be removed, any buildings, posts, steps, fences, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of the city. Under this power conferred for public good, they are bound to keep the streets, lanes, alleys and sidewalks in such condition that it is safe and

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3. A two story wall of a brick house that had been burned down some months previous, standing at the edge of the sidewalk, though private property, if it be so much dilapidated or decayed as to endanger the lives of persons passing the streets, is a nuisance, which the Mayor and Council are bound to have removed, and if they fail, and danger results to any person by reason of such neglect, the city is liable for the damages sustained. If the wall were sound and steady, and did not, under any ordinary circumstances, endanger any one passing the streets, and it should be thrown down by tempest, or other act of God, a person injured by the fall would have no right to recover damages for such injuries from the city. 2. A common carrier cannot dispute the title of the person delivering the goods for shipment by setting up adverse title in himself, or in third persons, which is not being enforced against him. 39 Ga. R., p. 617. 3. When freight received by one railroad is to be carried over connecting roads in the car on which it is shipped, without being trans-shipped to the cars of the connecting road, the liability of the connecting road does not commence till the cars are delivered to and received by the latter, and the first road is liable to the shipper till it shows such delivery. Same vol. 636. 4. If the receipt or bill of lading were lost, and the evidence showed that the cotton was shipped at Rome, and consigned to Augusta, and was burned at Kingston, where the Rome road connects with the Western Atlantic Railroad, it is not sufficient cause for a new trial, that the court charged the jury that the Rome road might bind itself to carry the cotton beyond its terminus, but that such contract would not be presumed, and must be shown by proof, that there was an express contract to carry beyond Kingston, or the Rome road would not be liable. Ibid . 5. While the measure of damages is the valuation of the cotton at the point of destination, the defendant has no cause of complaint that the proof is confined to the valuation of the cotton at the point of shipment, or the place where it was burned on the line of the road, as goods are presumed to be worth as much or more at the place of destination than at the point of shipment, till that presumption is rebutted by proof. Ibid .

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TITLE XII. INTERNAL IMPROVEMENTS. Sections. 1. Roads of the several counties to be classifiedhow. 2. Width of second class roads. 3. Road laws applicable, made of force 4. Common carriers must furnish equal accommodations, etc. 5. Violationmisdemeanorpenalty. 6. Standard for Kerosene Oil. 7. Violationpenalty. 8. By whom inspected. 9. Test to be published. Sections. 10. Jurisdiction of the offense. 11. Exemptions from road duty. 12. Construction of certain actFertilizers. 13. Seller furnish analysis to buyer. 14. Duty of inspectors of fertilizers. 15. Duty of dealers. 16. Receipt of transporting companies. 17. Construction of docks and wharves in Brunswick. 18. Immigration act repealed. (No. 257.) An Act to authorize the Ordinaries and Road Commissioners of the several counties to classify the public roads of the several counties. Section 1. Be it enacted, etc. , That, from and after the passage of this act, it shall be lawful for the several Ordinaries of this State, with the concurrence of a majority of the road commissioners of their respective counties, to designate such public roads in their respective counties as in their discretion should be so designated as second class roads. Ordinary and road commissioners of the several counties to classify the roads. Sec. 2. Be it further enacted , That all roads so designated shall be cleared of all stumps, trees, grubs and bushes, at least twenty (20) feet wide, and of such limbs of trees as may inconvenience horsemen or carriages; stumps to be cut as nearly even with the surface as possible, and the carriage track must be at least five feet and six inches wide. Width of 2d class roads. Sec. 3. Be it further enacted , That the road laws of this State now in force, so far as the same may be applicable to the roads which may, by authority of this act, be designated second class roads, shall be observed in changing, working and otherwise managing the said second class roads. Road laws applicable, of force. Sec. 4. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 18, 1870.

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(No. 258.) An Act to regulate Common Carriers in this State. Section 1. Be it enacted, etc ., That, from and after the passage of this act, all common carriers of passengers for hire in the State of Georgia shall furnish like and equal accommodations for all persons, without distinction of race, color or previous condition. Common carriers furnish equal accommodations. Sec. 2. That any officer, employee or agent of any railroad company, steamboat company, or any incorporated company who are common carriers of passengers for hire, or any person or persons who are common carriers, violating the provisions of this act, shall be deemed guilty of a misdemeanor, and subject to indictment by the grand jury, and tried in the county where the offense was committed, and on conviction be punished by fine not less than two hundred dollars or exceeding one thousand dollars, or imprisonment not exceeding twelve months, or both, in the discretion of the court. Violation. Misdemeanor. Where triedpenalty. Sec. 3. Repeals all conflicting laws. Approved October 18, 1870. SUPREME COURT DECISION. Railroad companies may make reasonable rules for the conduct of their passengers, and a rule that passengers must not stand upon the platform of the cars is such a reasonable regulation. 38 Ga. R., p. 409. (No. 259.) An Act to protect the people of this State in the sale of Kerosene Oil . Section 1. Be it enacted, etc ., That, from and immediately after the passage of this act, the standard for kerosene oil for sale in this State shall be (110) one hundred and ten degrees fire test. Standard. Sec. 2. Be it further enacted , That any person or persons convicted of selling, offering for sale, or giving away kerosene oil of a fire test less than (110) one hundred and ten degrees, shall be fined in the sum of not less than ($100) one hundred dollars, nor more than ($500) five hundred dollars, one-half of the fine to go to the informer, one-fourth to the inspector, and the remainder to the county treasury. Violators of this actpenalty. Sec. 3. Be it further enacted , That the duty of inspecting kerosene oil shall be performed by inspectors of fertilizers in each county, and if no inspector of fertilizers in the county be qualified, then the Ordinary, assisted by such persons as he may choose. By whom inspected. Sec. 4. Be it further enacted , That the following test be published for the information of all concerned: heat a small quantity

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of water in a basin until its temperature is above one hundred and ten degrees Fahrenheit; then add cold water slowly; at the moment the scale of a thermometer placed in the basin marks one hundred and ten degrees, pour a tablespoonful of the oil to be tested into the water; thus the oil is brought to one hundred and ten degees; then pass a wisp of burning paper over the oil; if the escaping vapor catches fire the oil is dangerous, but if not, then it is safe. Test to be published. How made. Sec. 5. Be it further enacted , That cases arising under this act shall be tried before the Superior Courts of this State. Jurisdiction of offense. Sec. 6. Be it further enacted, etc. , That all laws in conflict with this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 260.) An Act to relieve certain persons herein described from road duty in this State. Section 1. The General Assembly enacts as follows , That, from and after the passage of this act, all men who have lost one arm or one leg shall not be required to do road duty in this State. Certain persons exempt from road duty. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 24, 1870. (No. 261.) An Act to amend an act passed March 13, 1869, entitled an act to amend an act entitled an act to protect the planters of this State from imposition in the sale of fertilizers . Section 1. Be it enacted, etc ., That section second of an act entitled an act to amend an act to protect the planters of this State from imposition in the sale of fertilizers, etc., be construed to mean that place, town or city where fertilizers shall be received in quantities by the seller ordering the same from manufacturers or dealers outside of this State. Constraction of certain act. Sec. 2. Be it further enacted , That the seller be required to furnish the analysis to each purchaser, in printed form, that the purchaser may know the value and quality of the same. Seller furnish analysis to buyer.

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Sec. 3. Be it further enacted , That the inspectors be directed to publish all condemned lots, in one or more public newspapers, in the town or city where such inspection is made; and that all such condemned fertilizers be held by the inspector for the payment of inspectors' and printers' fees. Duty of inspectors. Sec. 4. Be it further enacted , That each and every dealer in fertilizers shall report the same to the inspector for inspection and analysis before offering the same for sale. Duty of dealers. Sec. 5. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 262.) An Act to amend section forty-five hundred and fourteen (4514) of the Code . Section 1. It is hereby enacted by the General Assembly of Georgia , That section forty-five hundred and fourteen (4514) of the Code be, and is hereby amended by inserting therein, between the words specify, and the word the, in the sixth line thereof, the following, to-wit: the shipping mark or marks, and number or numbers thereon and. Sec. 2. It is hereby further enacted , That all laws and parts of laws in conflict with this act are hereby repealed. Approved October 25, 1870. (No. 263.) An Act to authorize and facilitate the construction of docks, wharves and slips in the city of Brunswick . Section 1. The State of Georgia hereby releases to Henry S. Welles, and his successors, its claims to lands under water in front of his lands on Turtle River, in the city of Brunswick, as described in the deed of the Planters' Bank, and George W. Anderson of Savannah; and said Henry S. Welles and his successors are hereby authorized to erect docks, piers, buildings and slips to facilitate and promote commerce, and are granted the perpetual use of all such improvements and lands under waterany act or resolution of the State of Georgia to the contrary notwithstanding. State releases to H. S. Welles its claims to certain land

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Sec. 2. Be it further enacted , That all laws in conflict with this act are hereby repealed. Approved October 27, 1870. (No. 264.) An Act to repeal an act entitled an act to encourage immigration into the State of Georgia, and the investment of capital in lands . Section 1. Be it enacted, etc ., That an act entitled an act to encourage immigration into the State of Georgia, and the investment of capital in land, which act became a law, without the approval of the Executive, by lapse of time, March 8, 1870, be, and the same is hereby, repealed. Act of March 8, 1870, repealed. Sec. 2. Be it further enacted , That all laws in conflict with the above section be, and the same are hereby, repealed. Approved October 18, 1870. This act was never published. (No. 265.) An Act to extend the lien of set-off and recoupment, as against debts contracted before the first day of June , 1865, and to deny to such debts the aid of the courts until the taxes thereon have been paid . Section 1. Be it enacted by the General Assembly of Georgia , That in all suits pending or hereafter brought in or before any court of the State, founded upon any debt or contract, or cause of action made or implied before the 1st day of June, 1865, or upon any other debt or contract in renewal thereof, it shall not be lawful for the plaintiff to have a verdict or judgment in his favor until he has made it clearly appear to the tribunal trying the same that all legal taxes, chargeable by law upon the same, have been duly paid for each year since the making or implying of said debt or contract. No verdict or judgment for plaintiff, unless he has paid legal taxes. Sec. 2. In any suit now pending, or hereafter brought, it shall be the duty of the plaintiff, within six months after the passage of this act, if the suit be pending, and at the filing of the writ, if the suit be hereafter brought, to file with the Clerk of the Court of Justice an affidavit, if the suit is founded on any debt or contract as described in section 1; that all legal taxes, chargeable

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by law upon such debts or contracts, have been duly paid, or the income thereon for each year since the making of the same, and that he expects to prove the same upon the trial; and upon failure to file such affidavit as herein required, said suit shall, on motion, be dismissed. Affidavit of plaintiffwith whom filed. Sec. 3. In suits upon such contracts, in every case the burden of proof showing that the taxes have been duly paid, shall be upon the party plaintiff, without plea by the defendant, and the defendant may upon this point cross-examine witnesses, introduce proof in denial and rebuttal, to the plaintiff's proof without plea. Burdens of proof on plaintiff. Sec. 4. In every trial upon a suit founded upon any such debt or contract as described in this act: Provided , That said debt has been regularly given in for taxes, and the taxes paid, shall be a condition precedent to recovery on the same, and in every such case, if the tribunal trying is not clearly satisfied that said taxes have been duly given in and paid, it shall so find; and said suit shall be dismissed. Suits dismissedwhen. Sec. 5. No execution founded on any debt or contract shall proceed to levy or sale, until the plaintiff or owner thereof shall attach thereto his affidavit, that all legal taxes chargeable by law, by him, on said debt, have been duly paid, from the time of making, or implying of said contract, until the day of such attaching of said affidavit, and any defendant or claimant of property, levied on by said execution, may stop the same, as in cases of affidavit of illegality, by filing his affidavit denying that said taxes have been paid, and said affidavit shall be returned and tried, and have effect as in other cases of illegality. No execution shall be levied without plantiff's affidavit. Defendant may stop execution. Sec. 6. In all suits now pending, or hereafter to be brought in any court in this State, founded on any such contract, or upon any debt in renewal thereof, it shall be lawful for the defendant to plead and prove in defense, and as an offset to the same, any losses the said defendant may have suffered by, or in consequence of the late war against the United States, by the people of this and other States, whether said losses be from the destruction or depreciation of property, or in any other way be fairly caused by said war, and the results thereof. Defendant may file a plea of setoff as to losses sustained by war. Sec. 7. No plea or proof, under this act, of damage, or loss as aforesaid, shall be had as setting up damages too remote or speculative, if it only appeared that it was fairly and legitimately produced, directly or indirectly, by said war, or the results thereof. Damages. Sec. 8. No set-off, pleaded under this act, shall entitle the defendant to any judgment in his favor, for any such damages, only so far as to set off the same against the plaintiff's claims. Effect of plea of set-off. Sec. 9. In all cases where any debt, as described in the first section of this act, has been reduced to judgment and is still unsatisfied, it shall be lawful for the defendant to set off against said judgment said loss or damage against the same, as a credit on the same, in the same terms as is provided in this act, when the debt has not been reduced to judgment, as follows: in term time, the defendant may move in open court to have said credit made, setting

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forth in the motion the grounds of the same; upon this motion the plaintiff may join issue, and the issue shall be tried by jury, whose verdict shall be final on the facts. Loss or damage may be set off against judgment. Sec. 10. If execution has issued and be proceeding, the defendant may file an affidavit, setting forth his claim and the grounds thereof, which shall be returned and tried, and shall operate, as is provided by law, in case of other illegalities: Provided , The said affidavit shall set forth that such credit was not plead or allowed in the original trial; the fact that said credit or set-off existed at the date of the judgment shall be no objection thereto: And provided further , That if the defendant in said judgment has already had the said debt reduced, under the relief act of 1868, the setoff or credit under this act shall not be allowed on the same. Executive proceedings may be stopped by affidavit of illegality. Proviso. Sec. 11. When a judgment is proceeding against property which the defendant has sold, the owner thereof may set off against the same, his losses or damages by said war, on the same terms as are provided in this act for the defendant. Owner of property may set off against judgmentwhen. Sec. 12. In all suits now pending, founded on any such contract as described in the first section of this act, the cause shall not be ready for trial until the affidavit of the plaintiff required by the several sections of this act shall have been duly filed in the Clerk's office, or notice thereof given to the defendant at least three months before the trial. Causewhen ready for trial. Sec. 13. And be it further enacted , That nothing contained in this act shall be so construed as to apply to effect or hinder any judgment or execution, issued from any of the courts of this State, when on the trial thereof the relief plea allowed under the act of 1868 was filed and sustained by the court, the facts submitted and passed upon by the jury, nor to any note given in renewal of a note given prior to June, 1865, when that debt was reduced, and the equities agreed upon by the parties under the relief act of 1868. This act not to affect judgment, etc., where defendant had the benefit of relief act of 1868. Sec. 14. Nothing in this act shall be so construed as to effect any claim due any widow or minor, contracted prior to June 1, 1865, but such claims shall be settled upon the principles of equity, taking into consideration the relative loss of property sustained by the plaintiff and defendant. Not to affect claims due widows and minors. Sec. 15. Be it further enacted , That nothing in the foregoing sections of this bill shall be so construed as to extend the relief contemplated in said foregoing section to any defendant or defendants who may be at the time of the commencement of such action, or who may have been at the commencement of such actions heretofore brought, in possession of the property, for the purchase of which said contract was entered into, nor shall any administrator, executor, guardian or trustee be entitled to the benefits of this bill, who may have acted fraudulently in such capacity, or who may have willfully or negligently mismanaged the property in their charge: Provided , The defendant may elect to give up the property in his possession, for which such contract was entered into, and such election shall be the full discharge of such indebtedness. Defendant in possess'r of property liable for purchase money. Administrators, executors, etc. Proviso.

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Sec. 16. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 13, 1870. TITLE XIII. JUDICIARY. Sections. 1. Taxes on certain debts required to have been paid. 2. Plaintiffs affidavitwith whom filed, etc. 3. Onus probandi . 4. Dismissal of suits, etc. 5. Levying executions. 6. Defendant's plea of set-off, etc. 7. Damages. 8. Effect of plea. 9. Loss, etc., set-off against judgment. 10. Illegality of executions, etc. 11. Owners may set-off, etc. 12. Cause for trialwhen. 13. This act does not applywhere. 14. Not to effect claims due certain parties. 15. Property liable for purchase money. 16. Application for injunction. 17. Hearing, etc. 18. Bill of exceptions. 19. Docketing case in Supreme Court. 20. Enforcement of judgments of. 21. Appointment of Receivers. 22. Revision of jury-boxes legalized. Sections. 23. Future revisions. 24. Enforcement of laborers' liens, etc. 25. Lien of employees of saw-mills. 26. Partition of land held in common. 27. Jurisdiction of misdemeanors. 28. Claims filed in forma panperis . 29. Plaintiffs may make bond, etc. 30. Claimant may procure order to sell, when and how. 31. Mode of enforcing liens. 32. Alimony granted in term or vacation. 33. Permanent alimony, etc. 34. Orderhow enforced. 35. Wife may sue for alimonywhen. 36. Judge's order subject to writ of error. 37. Oath of Commissioners to revise jury box. 38. Violation of oathpenalty. 39. Pleas and defenseshow verified. 40. Official attestation prima facie evidence. 41. Application of this act. 42. Dissolution of injunction. 43. Judge on bonds of supersedeas .

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(No. 266.) An Act to prescribe the practice in cases of injunctions and other extraordinary remedies in equity, and the manner of taking judgments on the same to the Supreme Court. Section 1. Be it enacted by the General Assembly , That in all cases of applications for injunctions, the Judge to whom presented shall, before granting an order for the same, cause sufficient notice of the application to be given to the party sought to be enjoined, and of the time and place when he will hear the motion, and no order for such injunction shall be granted until such party can be heard, unless it is manifest to such Judge from the sworn allegations in the bill or the affidavit of a competent person, that the injury apprehended will be done if an immediate remedy is not afforded, when he may grant instanter an order restraining the party complained of until the hearing or the further order of the court, which restraining order shall have all the force of an injunction until rescinded or modified by the court. Notice of application be given. Party must be held, unless, etc. When may grant instanter. Sec. 2. That when said hearing shall take place in conformity to the rules of law now existing for granting and dissolving injunctions, the Judge before whom said hearing takes place may

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grant or refuse said injunction on the terms the law now requires; and either party may have writ of error to the Supreme Court from such decision upon complying with the law appertaining to the same; but no such writ of error or other proceeding for the obtainment of the same shall have the effect to establish or deny any injunction independently of the order of such Judge, who shall, on rendering the decision or in granting the writ of error, make such order and require such bond as may be necessary to preserve and protect the rights of the parties until the judgment of the Supreme Court can be had thereon, and which he shall do as well in cases of refusal as of granting. Discretion of Judge. Writ of erroreffect Judge's order. Sec. 3. That the bill of exceptions in such cases shall be tendered and signed within ten days from the rendition of the decision, and the opposite party be served within five days from such signing with such bill of exceptions; and the Clerk shall, within five days from such service, make out a transcript of the record and transmit the same immediately to the Supreme Court then in session; and if not in session, then to the very next session; and its arrival by the first day of the term, or at any time thereafter during the term, shall be sufficient to insure a hearing. If said record, being returned to a court then in session, should fail, after legal diligence, to arrive in time for a hearing before the adjournment, then it stands over until the next term. Time to tender bill exceptions. Clerk's duty Hearing cause in Supreme Court Sec. 4. That upon the receipt of all such cases by the Clerk of the Supreme Court, he shall place it immediately on the docket of the circuit to which it belongs; but at the request of either party, the Judges of the Supreme Court shall hear said cases without delay and without respect to the order of circuits, or their order in their circuit, unless said Judges adopt some rule for the more speedy and systematic hearing of such cases, in compliance with the spirit of this act giving them precedence. Duty of Clerk of Supreme Court as to docketing case. Causewhen to be heard without delay. Sec. 5. That when judgments are rendered in such cases, the Judges of the Superior Courts are hereby clothed with the power to give immediate effect to such, either in term or vacation. Judgmentshow enforced. Sec. 6. That the provisions aforesaid apply to applications for the appointment of receivers or other extraordinary remedy in equity, and must be observed to the extent applicable. Appointment of receivers. Sec. 7. That all laws and parts of laws in conflict with this act are hereby repealed. Approved October 28, 1870. SUPREME COURT DECISIONS. Recoupment is a right of the defendant to have a deduction from the amount of plaintiff's damages, for the reason that the plaintiff has not complied with the cross obligations or independent covenants arising under the same contract . 39 Ga. R., p. 577. A dormant judgment will not be set-off on motion against a judgment not dormant, unless there are peculiar equities between the parties which require it, or manifest injustice will be done to the owner of the dormant judgment by the refusal of the Court to allow the set-off . Part 1, vol. 40, p. 45. The Relief Act of 1868 does not apply to contracts made, or notes given on settlement of accounts since first June, 1865; and it is not error in the Court to rule out the evidence offered to support the usual relief pleas, when filed to a note so made since June, 1865. 39 Ga. R., 591. The single fact that the defendant lost a large amount of property by the late war, without any proof that the plaintiff was in fault, or that it was caused in any manner by the plaintiff's act, raises no equity for the reduction of a debt contracted before the war. Butler et al. vs. Weathers, etc., p. 524. The proof of the simple fact that a defendant lost property during the war is not sufficient to authorize the jury to reduce the amount of plaintiff's debt. Ibid , p. 660. A plea which simply alleges that the defendant lost property during the war, without connecting the plaintiff with the loss, is not sufficient, if sustained by proof, to authorize the jury to reduce the amount of the debt, no matter whether it was contracted before or since 1st June, 1865, etc. Ibid , p. 668. Where the defendant in judgment of law filed his affidavit, under the act of 1868, for the relief of debtors, etc., in the precise words required by the statute, and the Sheriff returned the papers into court, as therein required, it was error in the court to dismiss the affidavit without giving the defendant an opportunity to set up such cross actions, equitable defenses and rights accruing to him subsequent to the judgment, as under said act are allowed to be set up in a motion to open the judgment. Part 1, vol. 40, p. 494. The 2d and 7th sections of the act, etc., passed in 1868, for the relief of debtors, and to authorize the adjustment of debts on principles of equity, so far as they permit the defendant in a judgment to open the same by motion, and set up defenses thereto, which were, or by the law at the date of the judgment must have been in issue before the court rendering the judgment, are in violation of article 9, section 6, and of article 1, section 21, of the Constitution of the State; but so far as said act permits judgments to be opened by motion, so as to let in defenses purely equitable, though existing at the date of said act, is not unconstitutional, but is within the powers granted to the Legislature by the Constitution. Ibid . When a defendant in execution filed an affidavit in accordance with the 7th section of the act of 1868, known as the Relief Law, it was error in the court to dismiss the affidavit on the ground that said act was unconstitutional, he should have permitted the defendant to make the motion provided for in the 2d section of the act. Ibid , p. 326. See Irwin's Revised Code, sections 3149 to 3159, inclusive, as to injunctions.

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SUPREME COURT DECISIONS. As a general rule this court will not control the discretion of the court below in dissolving an injunction, unless there appears to have been an abuse of that discretion in the violation of the principles of law or equity applicable to the facts in the case. 38 Ga. 144. The extraordinary writs and remedies granted by the chancellor before a trial on the merits ought not to be granted without caution, and unless there is immediate danger to the rights of the complainant, if they be denied, and if the court becomes satisfied that the danger does not exist, it is his duty, on proper notice, to discharge. Ibid . It is the duty of the Judge, if he is satisfied there is a bona fide intention to except to his judgment, so to mould his order as that the excepting party may have a reasonable time to file his bill of exceptions and obtain a supersedeas before the status of the case can be materially changed. Ibid . An injunction, which is a harsh remedy, should not be granted until a clear prima facie case is made by the bill. The allegations must be direct and positive. A charge that they are true, on information received from others, is insufficient.Ibid . A bill praying for an injunction was presented to the Judge in vacation for his sanction, which was refused: Held, that as the complainant had a complete and adequate remedy at law in regard to the several matters, as charged and set forth in his bill of complaint, the injunction prayed for was properly refused. Part 140, Ga. R. Pam. 145. A writ of error does not lie to an ex parte order for injunction granted in chambers; there must first be a hearing upon a motion to vacate or modify the injunction. Same vol. p. 492. (No. 267.) An Act to legalize the revision of Jury-boxes in cases of failure to revise the same on the day now prescribed by law. Whereas, In some of the counties of this State the jury-box was not revised on the first Monday in June, eighteen hundred and seventy, as required by law, but such revision has taken place since; and whereas, there may be in the future similar instances of omission, the consequence whereof would be to defeat the holding of courts in the counties wherein they occur: for remedy whereof Preamble. Section 1. Be it enacted, etc. , That in any county of this State where the jury-box was not revised on the first Monday in June eighteen hundred and seventy, as required by law, such revision of the jury-box as may have taken place since that time, or as may take place within sixty days from the passage of this act, by the persons and in the manner prescribed by law, shall be as good and as valid to all intents and purposes as if done on said first Monday of June, eighteen hundred and seventy. Certain revisions of jury-box legalized. Sec. 2. And be it further enacted, etc. , That for the future, whenever there is a failure to revise the jury-box of any county on the first Monday in June, as now required by law, the same may be

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revised at any time within thirty days after said first Monday in June. Future revision. Sec. 3. And be it further enacted, etc. , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved September 5, 1870. (No. 268.) An Act to regulate the mode of joining issue upon appeal cases founded upon proceeding had before Justice Court, in regard to the enforcement of laborers' liens, and for other purposes. 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, in all cases when affidavit shall be filed for the purpose of enforcing liens of laborers and mechanics, as provided for in an act entitled [an act] to carry into effect the thirtieth section of the first article of the Constitution of the State, upon the subject of liens of laborers and mechanics, approved March 19, 1869, and said affidavit shall be made before a Justice of the Peace, or Notary Public and ex officio Justice of the Peace, and counter affidavits shall be filed as now provided by law, it shall be the privilege of either party, when the sum in controversy exceeds the amount of fifty dollars, to appeal from the decision of such Justice or Notary; and when the same shall be called by the Superior Court for adjudication, the same shall be tried before a special jury, and the original affidavit of the plaintiff and the counter affidavit of the defendant shall constitute an issue upon which the said special jury shall pass. Affidavit filed to enforce laborers' liens. If counter affidavit filed, either party may appeal when amount exceeds $50. How tried. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 28, 1870.

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(No. 269.) An Act to amend an act entitled an act to give persons who may be employed in and about any steam saw-mill located in the State of Georgia, or to any person or persons who may furnish any steam sawmill, so located, with timbers, saw-logs or provisions, or with anything necessary to carry on the work of said mill, a lien of the highest dignity upon said mill, for dues, wages, debts or demands that said persons may have against the owner, agent or lessee of said mill, and to give to owners of said mills a lien for lumber sold by them, approved October 6, 1868. Whereas, An act of the General Assembly of the State of Georgia, entitled an act to give persons who may be employed in and about any steam saw-mill located in the State of Georgia, or to any person or persons who may furnish any steam saw-mill, so located, with timbers, saw-logs or provisions, or with anything necessary to carry on the work of said mill, a lien of the highest dignity upon said mills for dues, wages, debts or demands that said persons may have against the owner, agent or lessee of said mills, and to give the owners of said mills a lien for lumber sold by them, approved October 6, 1868; and whereas, in the second section of said act providing a remedy for the enforcement of said lien, an ambiguity exists in not distinctly providing for the method of enforcing said lien in favor of the owners of the said saw-mills for lumber furnished that may lead to controversies in the courts upon the construction of said act Preamble. Section 1. Be it enacted, etc. , That the same method of enforcing the lien given by said act to the owner or owners, or lessees of said mill, for timbers saw-logs, or provisions furnished, or for anything necessary to carry on the works of said mills, shall apply to the owners or lessees of said mills, for the enforcement of his or her lien for lumber furnished either for homestead or other house. Provisions of act applied to material furnished for homesteads Sec. 2. Be it further enacted , That this act repeals all conflicting laws. Approved October 24, 1870. See acts of 1868, p. 135.

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(No. 270.) An Act to make certain persons holding money received under order of court subject to rule. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the commissioners appointed by the Superior Courts of this State, under the laws now existing, to partition lands owned by tenants in common, when it is done by a sale of the lands for the purpose of making division among the respective owners, shall be liable to rule by the Superior Court as Sheriffs are liable for all moneys which they have or may receive for the lands sold by them, and which they are required by existing laws to return to the court, and which the court is directed to distribute among the parties entitled to the same; and in case they fail to pay the money into court in obedience to a rule against them, they shall be attached, as for a contempt, instanter, and imprisoned without bail or mainprize, until such payment is made, as Sheriffs are now liable for money collected by them, and not paid over in obedience to a rule. Commissioners for partition. Liable to rule. Duty of the Court. Delinquent commissionerspenalty. Sec. 2. That all laws and parts of laws conflicting with this act are hereby repealed. Approved October 27, 1870. See Code, secs. 3920 to 3932 as to partition of land. (No. 271.) An Act to confer jurisdiction of misdemeanors on the Superior Courts of the State of Georgia. Section 1. Be it enacted, etc. , That the Superior Courts of the State of Georgia are hereby vested with full and complete jurisdiction of misdemeanors, and with authority to try and dispose of them as before the Constitution of 1868. Sec. 2. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 28, 1870. See Constitution of 1868, 2d clause, 3d sec., 5th art. Also 2d clause, 4th sec., art. 5th. See, also, acts of 1868, p. 19an act to organize a Criminal Court, etc.which act confers jurisdiction upon said court to try all offenses, etc., except such offenses as are punishable by death or imprisonment, etc. This act was amended in 1869, and repealed in 1870.

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(No. 272.) An Act to regulate claims in certain cases, and for other purposes. Section 1. Be it enacted, etc. , That, from and after the passage of this act, in all cases where claimants are unable to give bond and security, as now required by law, in claim cases, it shall and may be the privilege of such claimant to file, in addition to the oath now required, an affidavit as follows: I, A. B., do swear that I do not interpose this claim for delay only; that I bona fide claim the right and title to the same; that I am advised and believe that said claim will be sustained, and that from poverty I am unable to give bond and security as now required by law. And when said affidavit shall have been made and delivered to the levying officer, the same shall suspend the sale in the same manner as if bond and security had been given. Claimants unable to give bond, may make affidavit in forma pan peris. Sec. 2. Be it further enacted , That if the property levied upon be personal, and the claimant unable to give a forthcoming bond, it shall be the privileges of the plaintiff in fi. fa. to give such bond, and upon such bonds being given to be approved by the levying officer, it shall be the duty of the levying officer to deliver said property to said plaintiff, but in no event shall the plaintiff be allowed any compensation for keeping said property. Plaintiff may make bond and take property. Restriction. Sec. 3. Be it further enacted , That in the event the claimant is unable, and the plaintiff neglects or refuses to give said bond for the forthcoming of the property, the claimant may apply to the Ordinary and procure an order for the sale of the same, and when said order has been granted, it shall be the duty of the levying officer to advertise the time and place of sale at not less than three public places, to be selected in different parts of the county in which the sale is to take place, for fifteen days immediately preceding the time of sale, and on the day of sale, between the hours of 10 A. M. and 1 P. M., said property shall be sold, and the money arising from such sale shall remain in the hands of the levying officer, subject to the order of court upon the final hearing of the claim. Claimant unable, and plaintiff failing to give bond, claimant may procure order from Ordinary for sale Duty of levying officer. Money arising from salehow disposed of. Sec. 4. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. See Revised Code, sections 3675, 76, 77, 78, 79, 80, etc. Heretofore there were no provisions for the filing of claims in forma panperis .

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(No. 273.) An Act to alter and amend an act for the enforcement of liens, etc. Section 1. Be it enacted , That the third paragraph of section 1969 of Irwin's Revised Code shall be so altered and amended as to read as follows: The person prosecuting such lien, either for himself or as guardian, administrator, executor or trustee, must, by himself, his agent or attorney, make affidavit before a Judge of the Superior Court, or the Ordinary of the county in which the boat or craft, or other property may be, or the defendant may reside, showing all the facts necessary to constitute a lien under this Code, and the amount claimed to be due. If the amount claimed is under one hundred dollars, the application may be made to a Justice of the Peace, who may take all the other steps hereinafter prescribed as in other cases in his court. Upon such affidavit being filed, if before a Judge of the Superior Court or the Ordinary, with the Clerk of the Superior Court of said county, it shall be the duty of the Clerk of the Superior Court, or the Justice of the Peace, if in his court, to issue an execution instanter against the person owing the debt, and also against the boat or craft, or the property which is subject to said liens, for the amount sworn to and the costswhich execution, when issued, shall be levied by any Sheriff of this State, or bailiff, if the amount be less than one hundred dollars, on such boat or craft, or property subject to said lien, under the same rules and regulations as other levies and sales under execution. Section 1969 of Code amended. Affidavitbefore whom made Jurisdiction Execution. Levy. Sec. 2. Repeals conflicting laws. Approved September 16, 1870. Under section 1969 of Revised Code, a person could only prosecute by himself or as guardian . SUPREME COURT DECISIONS. 1. When executions were issued in favor of the officers and employees of a steamboat, for debts due to them, against the persons owing such debts, and also against the boat, after a demand on the owners or their agent for payment, and a refusal to pay, as provided by the 1968th and 1969th sections of the Code, which executions were levied on the boat and [the boat?] sold by the Sheriff: Held , That the purchaser of the boat at such Sheriff's sale acquired a good title thereto, as against the owners of the boat, and were not liable to be garnisheed for the value of the boat so purchased, at the suit of an attachment creditor, for a debt due by one of the owners of the boat prior to such sale. Held further , That the executions under which the boat was sold having been issued against the persons owning the boat, as well as against the boat, after demand and refusal to pay the debt, and not against the boat alone , that it was not such a proceeding to enforce a maritime lien against the boat , as would give the District Courts of the United States exclusive jurisdiction, under the act of Congress of 1789, Part 1. vol. 40, Ga. R. p. 177-8.

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(No. 274.) An Act to extend the provision for alimony to the family of the husband; to provide for the custody of the children, and for other purposes connected therewith. Section 1. Be it enacted by the General Assembly , That in suits for divorce now pending, or which may hereafter be brought, the Judge presiding may, either in term or vacation, grant alimony, or decree a sum sufficient for the support of the family of the husband dependent upon him, and who have a legal claim upon his support, as well as for the support of the wife; and may also, on said motion, hear and determine who shall be entitled to the care and custody of the children pending the litigation, as if the same was before him on a writ of habeas corpus; and in case a sum is awarded for the support of said family, the husband shall not be liable to third persons for necessaries furnished them. Judge may grant alimony in term time or vacation, and determine custody of children pende lite. Husband's liability for necessaries. Sec. 2. Be it further enacted , That if the jury, on the second or final verdict, find in favor of the wife, they shall also, in providing permanent alimony for her, specify what amount the minor children shall be entitled to for their permanent support; and in what manner, how often, to whom, and until when it shall be paid; and this they may also do, if, from any legal cause, the wife may not be entitled to permanent alimony, and the said children are not in the same category; and when such support shall be thus granted, the husband shall likewise not be liable to third persons for necessaries furnished the children embraced in such verdict, who shall be therein specified. Permanent alimony for wife and minor children. Where wife not entitled, husband's liability to third persons. Sec. 3. Such orders, decrees or verdicts, permanent or temporary, in favor of the children or family of the husband may be enforced as those in favor of the wife exclusively. How order enforced. Sec. 4. When husband and wife are living separately, or are bona fide in a state of separation, and there is no action for divorce pending, the wife may, in behalf of herself and her minor children, or either, if any, institute a proceeding by bill or petition on the equity side of the court, setting forth fully her case, and upon three days' notice to the husband, the Judge may hear the same in term or vacation, and grant such order as he might grant, were it based on a pending libel for divorce to be enforced in the same manner, together with any other remedy applicable in a court of equity, such as appointing a receiver and the like, and should such proceeding proceed to a hearing before a jury, they shall decree as provided by section 1738 of Irwin's Code for such cases, but such proceeding shall be in abeyance when a libel for divorce shall be filed, bona fide by either party, and the Judge presiding shall have made his order on the motion for alimony, and when so made, such order shall be a substitute for the aforesaid decree in equity as long as said libel shall be pending, and not finally disposed of on the merits. Where no suit for divorce is pending, wife may sue for alimony. Judge may grant order. Decree of jury in abeyancewhen.

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Sec. 5. The judgments of the Judges of the Superior Court in such cases, whether at law or equity, in term or vacation, or in the progress of the cause, shall be the subject of writ of error, and on the same terms as injunction, if any special method shall be for them prescribed; if not, then as in other cases. Judge's order subject of writ of error. Sec. 6. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 28, 1870. SUPREME COURT DECISIONS. 1. When there was a motion for alimony, pending a bill for divorce, and the defendant in the motion moved to continue, showing that a material witness was absent without his consent, who lived in the county, and had been subpoenaed , etc., it was error in the Court to refuse the continuance, on the ground that the granting of alimony was wholly in the discretion of the Court, and that there was no necessity for the presence of all the witnesses. 39 Ga. R., p. 53. 2. The Judge of the Superior Courts should use great caution in granting [Illegible Text], so as not to encourage applications for divorce on light grounds. Ibid. (No. 275.) An Act to require the commissioners, appointed by the Judges of the Superior Courts in the different counties in this State, in the revision of the jury-box from time to time, to take an oath before the Judge of the Superior Court in the county for which they are appointed, before entering upon the discharge of their duty, to do so impartially, without any regard to race, color or previous condition, in accordance with our present State Constitution. Section 1. Be it enacted, etc. , That, from and immediately after the passage of this act, it shall be the duty of the Judges of the Superior Courts in this State, in appointing commissioners for the revision of the jury-box from time to time, to require of the commissioners in the county for which they are appointed, to take an oath before the Judge of the Superior Court to impartially discharge their duty in said revision, without any regard to race, color or previous condition, in accordance with our present Constitution. Commissioners to revise jury box to take oath. Form of oath. Sec. 2. Any commissioner violating the provisions of this act shall be deemed guilty of perjury, and, upon conviction in the Superior Court, shall be subject to all the pains and penalties prescribed in the Code for perjury. Violation of oathpenalty.

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Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 276.) An Act to authorize all pleas and defenses to be sworn to before certain officers of other States or countries, and to prescribe the legal effect of the official attestation of such officer. Section 1. The General Assembly do enact , That, from and after the passage of this act, all pleas or defenses in any court of this State, which have to be filed under oath, shall be held to be sufficiently verified, when the same is sworn to before any Notary Public, Justice of the Peace, Judge of a court of law, or chancellor, commissioner, or master of any court of equity of the State or country where the oath is made, or before any other officer of such State or country, who is authorized by the laws thereof to administer oaths, and such oath so made shall have the same force and effect as if it had been made before an officer of this State authorized to administer the same. Pleashow sworn to. Sec. 2. Be it further enacted , That the official attestation of the officer before whom the oath or affidavit may be made, as provided in the first section of this act, shall be prima facie evidence of the official character of such officer, and that he was authorized by law to administer oaths. Official attestation prima facie evidence. Sec. 3. Be it further enacted , That the provisions of this act shall apply to pleas and defenses heretofore filed as well as to all hereafter to be filed. Application. Sec. 4. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 277.) An Act to amend section 3151, part 2 d, title 9 th, chapter 14 th, of the Revised Code. Section 1. The General Assembly of the State of Georgia do hereby enact , That, from and after the passage of this act, section 3151 be, and the same is hereby, amended by adding immediately after the word Solicitor, and before the word and, in three lines

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from the top, the following, to-wit: but in such cases a rule nisi , to be granted by the Judge, stating the grounds of the application, and fixing the time and place of hearing, shall be served upon the complainant, or his solicitor, at least ten days before the hearing of such motion; and in all cases the party called upon to show cause shall have the right to begin and conclude. Section 3151 of Code amendedhow. Sec. 2. Be it further enacted , That all laws and rules conflicting with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 278.) An Act to declare more fully the meaning of sections 4203 and 4222 of the Code of Georgia, and to provide for entering up judgments on bonds of supersedeas, where cases have been carried to the Supreme Court. Section 1. The General Assembly do enact , That the true intent and meaning of said section is, that whenever bonds and security have been given to obtain a supersedeas , where a case is carried to the Supreme Court, and the judgment of the court below is affirmed, it shall and may be lawful for the party gaining said case in the Supreme Court, to enter up judgment against the principal and his securities on said bond, in the same way and manner that judgment is entered up on appeal bonds, or bonds given for the stay of execution. Where judgment affirmed, successful party enter judgmenthow. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 28, 1870.

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TITLE XIV. LANDS. Sections. 1. Advertisement of Wild Lands. 2. Act to extend time for issuing head-rights, amended. Sections. 3. Consent of Legislature to the acquisition of certain land in the county of Cobb, by the United States. (No. 279.) An Act to alter and amend section eight hundred and seventy-four (874) of the Revised Code. Section 1. The General Assembly of the State of Georgia do enact , That section eight hundred and seventy-four (874) of the Revised Code be so altered and amended, that the words in each Congressional District, in the third line of said section, be stricken out, and the words in one, and not more than two papers, published at the seat of Government, be inserted in lien of the words so stricken out. Section 874 amendedhow. Sec. 2. Repeals conflicting laws. Approved October 24, 1870. (No. 280.) An Act to amend an act entitled an act to extend the time in relation to issuing head-rights, so as to extend the time for granting the same until the 25 th day of December, A. D. 1869, and to authorize the Secretary of State to issue grants to all surveys now in office. Section 1. Be it enacted, etc. , That the above recited act be so amended as to strike out the words 25th day of December, A. D. 1869, and to insert in place of them, the words 4th day of July, A. D. 1876. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870.

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(No. 281.) An Act assenting to and confirming the purchase and acquisition, by the United States, of certain tracts of land in this State, and for ceding the jurisdiction over the same. Section 1. Be it enacted, etc. , That the consent of the Legislature of the State of Georgia is hereby granted to the acquisition, by the United States, by purchase or otherwise, of all that tract or portion of land lying and being in the sixteenth district and second section of Cobb county, containing twenty and one one-hundredth (20 and 1-100) acres, one part being the south side of lot 1216, the other part being north parts of lot No. 1233, bounded and described as follows: beginning at a stone, being the corner of Cole street, and an alley running between the residence of H. G. Cole and the tract hereafter described; thence along south side of Cole street, north 86 degs., east 1355 feet to a stone, a corner in said Cole's land; thence south four (4) degs., east 608 feet on the north side of Roswell road; thence along north side of said Roswell road, south 80 degs., west 700 feet; thence along same, north 87 dregs., west 663 feet, to a stone in the corner in the heretofore mentioned alley; thence along eastern side of said alley, north 40 degs., west to the point or place of beginning, containing 20 and 1-100 acres; and also, the additional tract or parcel of land containing four and eleven one hundredths (4 and 11-100) acres described as follows: being in the sixteenth district and second section of Cobb county, (originally Cherokee,) and known in the plat of said district as a part of lots No. 1215 and 1234, about two acres out of the southwest corner of the first named number 1215, the remainder out of the northwest corner of 1234, more fully described by the following boundary: beginning at the northeast corner of the National Cemetery on Cole street, in the city of Marietta, running north 86 degs., east along said street 360 feet; thence south 4 degs., west 600 feet to the Roswell road; thence south 82 degs., west 300 feet to the south corner of said National Cemetery, containing 4 and 11-100 acres of land, on which said tracts or parcels of land is located the National Cemetery at Marietta, in the county of Cobb, and State aforesaid; and also all that tract or parcel of land known and distinguished as lot number one hundred and eighty-one (181) in the twenty-ninth district of Sumter county, State aforesaid, containing two hundred and two and a half (202) acres, more or less, and on which is located the National Cemetery at Andersonville, in said county and State, and that the jurisdiction over said tracts or parcels of land is hereby ceded to the United States: Provided, however , That nothing herein contained shall extend, or be construed to extend, so as to impede or prevent the execution of any process, civil or criminal, under the authority of this State. Legislature consents to acquisition of certain lands by U. S. Gov't. Boundaries described. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 25, 1870.

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TITLE XV. LEGISLATURE. Sections. 1. Time for annual meeting of Legislature changed. 2. Governor to effect a loan sufficient to pay off the Legislature. Sections. 3. Restriction as to character of bonds. 4. Governor to borrow money to defray expenses of General Assembly. (No. 282.) An Act to change the time for the annual meeting of the Legislature of this State. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the time for the annual meeting of the Legislature shall be the first Wednesday in November of each and every year, beginning with the year eighteen hundred and seventy-one (1871,) and that there shall be no annual meeting after the adjournment of this session until said time. Time changed for meeting of Legislature. Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 25, 1870. See State Constitution, article 3, section 1, clause 3: Provides that the General Assembly shall meet annually on second Wednesday in January, or on such other day as the General Assembly may prescribe, etc. (No. 283.) An Act to amend an act to authorize his Excellency the Governor to borrow a sufficient amount of money on the credit of the State, on such terms as to him shall seem best, to pay off the members and officers of the General Assembly, approved August 27, 1870. Section 1. Be it enacted, etc. , That the said act be, and the same is hereby amended, so that if the loan authorized by said act is effected by bonds, that the Treasurer of the State shall pay the interest thereon, at a rate not exceeding (7) seven per cent. and the principal thereof, when the same shall fall due, and that his

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Excellency the Governor be, and he is hereby, authorized and requested to provide by loan as aforesaid a sufficient amount of money to pay off the officers of the civil establishment, and other expenses of the State, authorized by this General Assembly. Loan effected by bondsinterest thereon. Amount to be negotiated. Sec. 2. Be it further enacted, and it is hereby enacted by the General Assembly aforesaid , That nothing in this act contained shall be construed to authorize the Governor to issue any other character of bonds than those authorized by an act approved September 15, 1870. Sec. 3. Repeals conflicting laws. Approved October 5, 1870. (No. 284.) An Act to authorize his Excellency the Governor of this State to borrow sufficient money on the credit of the State, on such terms as to him shall seem best, to pay off the members and officers of the General Assembly. Section 1. Be it enacted by the General Assembly , That his Excellency the Governor be, and he is hereby, authorized and requested to effect a loan to the State, by bond or otherwise, upon such terms as to him shall seem meet, of a sufficient amount of money to pay off the members and officers, and other expenses of this General Assembly, and that the Treasurer of this State meet and pay off the debt thus contracted, and interest thereon, out of the first funds coming into his hands. Gov. to effect loan. Approved August 27, 1870.

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TITLE XVI. PENAL CODEAMENDMENTS TO. Sections. 1. Carrying deadly weapons to certain places prohibited. 2. Violationmisdemeanorpenalty. 3. Chain-gang punishment prohibited. 4. Punishment in lien of chain-gang. Sections. 5. Section 415 of the Code changed nolle prosequi . 6. All indictments, etc., submitted to a jury. (No. 285.) An Act to preserve the peace and harmony of the people of this State, and for other purposes . Section 1. Be it enacted, etc. , That, from and immediately after the passage of this act, no person in said State of Georgia be permitted or allowed to carry about his or her person any dirk, bowieknife, pistol or revolver, or any kind of deadly weapon, to any court of justice, or any election ground or precinct, or any place of public worship, or any other public gathering in this State, except militia muster-grounds. Carry deadly weapons to certain place prohibited Exception Sec. 2. Be it further enacted , That if any person or persons shall violate any portion of the above recited section of this act, he, she or they shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty nor more than fifty dollars for each and every such offense, or imprisonment in the common jail of the county not less than ten nor more than twenty days, or both, at the discretion of the court. Violation misdemeanorpenalty Sec. 3. All laws and parts of laws militating against this act are hereby repealed. Approved October 18, 1870. (No. 286.) An Act to alter and amend section 4245 of Irwin's Revised Code, by striking out of said section the words to work in a chain-gang on the public works, and for other purposes . Section 1. Be it enacted, etc. , That the words to work in a chain-gang on the public works, which occur in fourth and fifth lines of section 4245 of Irwin's Code, be, and the same are hereby,

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stricken from said section, and chain-gangs shall no longer exist, or be tolerated in the State of Georgia, for persons convicted of misdemeanors. Chain-gang punishment prohibited. Sec. 2. Be it further enacted , That said section be further amended, by substituting for the words herein stricken out, the words to work on the city or town streets, or county roads, not longer than six months; but in no case shall such prisoners be chained or otherwise confined in a gang, but shall be guarded. Punishment in lieu of chain-gang. Sec. 3. Be it further enacted , That all laws and parts of laws in conflict with this act be, and they are hereby, repealed. Approved October 27, 1870. (No. 287.) An Act to repeal section four hundred and fifteen (415) of Irwin's Revised Code, in relation to entering nolle prosequis, and to prescribe the mode of settlement in criminal cases . Section 1. Be it enacted, etc. , That section four hundred and fifteen (415) of Irwin's Revised Code of Georgia, which said section authorizes Solicitors-General in this State to enter a nolle prosequi on indictments, be, and the same is hereby repealed, and no nolle prosequi shall be allowed, except it be in open court, for some fatal defect in the bill of indictment, to be judged of by the court, in which case the presiding Judge shall order another bill of indictment to be forthwith submitted to the grand jury. Section 415 of Code, as to nolle prosequi, repealed. Judge shall order second bill. Sec. 2. And be it further enacted by the authority aforesaid , That all cases of indictments, or special presentments, shall be submitted to and passed upon by the jury, under the direction of the presiding Judge, unless there is a settlement thereof between the prosecutor and defendant, which settlement shall be good and valid only by the approval and order of the court on examination into the merits of the case. All indictments submitted to jury. Settlementwhen good. Sec. 3. And be it further enacted, etc. , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 28, 1870.

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TITLE XVII. RAILROADS. Sections. 1. Governor may lease Western Atlantic Railroadtimerentalforfeituresuit. 2. Lessees give bondsuretiesconditions, etc. 3. Inventory of property of road, etc. 4. Number and qualifications of lesseeslessees incorporatedpowers. 5. Directorsvotes. 6. President, etc., when chosen, and salaries of. 7. Lessees to settle balances due to and from road. 8. Other debts of roadpayment of, etc. 9. Death of lessees, etc. 10. Schedule and rates of freighthow arranged. 11. Rate of local freights. 12. State redeem mortgage bonds. Sections. 13. Equal accommodations to be furnished by railroads, etc. 14. Violationroad liable to suit, etc. 15. Act goes into effect January 1, 1871. 16. Railroads crossing other roads. 17. Railroad bonds indorsed to be registered in Secretary of State's office. 18. Railroads accepting must make it known, etc. 19. Requirements by Secretary of State. 20. Annual report to Legislature. 21. May recover fee of railroad companies. 22. Subscription by city of Rome. 23. May raise by special tax. 24. Vote of citizenshow taken. 25. May subscribe like amount in any other railroad. (No. 288.) An Act to authorize the lease of the Western Atlantic Railroad, and for other purposes thereis mentioned . Section 1. The General Assembly of Georgia do enact , That his Excellency the Governor of this State be, and he is hereby, authorized to lease the Western Atlantic Railroad, which is the property of the State, together with all its houses, work-shops, depots, rolling stock and appurtenances of every character, to a company to be formed, for a term of twenty years, for a sum of not less than twenty-five thousand dollars per month, to be paid monthly into the treasury of this State, for the use of the State. And in case said company shall, at any time, fail or refuse to pay said sum, due at the end of any month, into the treasury, within twenty days after the end of the month, the lease shall be forfeited, and it shall be the duty of the Governor forthwith to declare it forfeited, and to take immediate possession of said road and its appurtenances, and if any resistance is offered by the company, it shall be the duty of the Sheriffs of all the counties in this State, through which the road runs, to aid the Governor with the posse comitatus of their respective counties to take the possession and expel the lessees who have failed to make the payments when

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dueas as aforesaid; and within ten days after he has terminated the lease and taken possession of the road for the State, the Governor shall commence suit against the lessees on the bond to be given by them to the State, in any court of this State having competent jurisdiction of the case, unless the sum due is sooner paid. But the faith of the State is hereby pledged to said company, that they shall in no case be disturbed by the authority of the State so long as they keep the contract on their part and make the payments when due: Provided, nevertheless , That said company shall, in no case, sub-let said road to other persons or corporations. Governor authorized to lease W. A. R. R. for 20 years. Rental, $25,000 per month. Lease forfeited-when Suit against lessee's bond. Proviso. Sec. 2. And be it further enacted , That it shall be the duty of his Excellency the Governor to require of said company, to whom the road and its work-shops, rolling stock and appurtenances may be leased, to give a bond with ample security for the sum of eight millions of dollars. The lessees shall be worth over and above their indebtedness at least five hundred thousand dollars, and there shall be security in this State worth at least five millions of dollars, and the balance of the security, if out of the State, shall be upon real estate or railroad property. The Governor shall see to it carefully, in taking the bond, that these requisitions are fully complied with. He shall lease to no company who tenders security that is even doubtful, nor to any company of non-resident adventurers and speculators. The bond shall bind the lessees and their securities for the prompt payment of the sum agreed on at the end of each month, and for the return of the road and its appurtenances at the expiration, or termination, or forfeiture of the lease, in as good condition as it was in when received by the company from the State under said lease, which bond shall be recorded in the Secretary of State's office, and filed in the Executive office, which may be sued on at any time when there has been a breach of its conditions: Provided , That the lessees shall first qualify that they are worth at least five hundred thousand dollars over and above all liabilities of every character, and the sureties, or their representatives or agents, shall qualify that they are worth at least two millions of dollars over all and every liability: Provided further , That this shall not preclude the Legislature from requiring other surety at any time, if the surety first given shall become insufficient by reason of being worth less than two millions of dollars, nor of looking into its condition from time to time. Lessees to give bond. Qualification of sureties. Condition of bond. Bondwhere recorded and filed. Proviso. Sec. 3. And be it further enacted , That the Governor shall appoint three railroad men of experience, who shall examine the road and its appurtenances carefully, and shall make out in writing a schedule or inventory of the same, carefully describing and setting forth the true condition of the road and its rolling stock and appurtenances, and property of every character, which shall be recorded in the office of the Secretary of State and filed in the Executive office: and in case the road and its rolling stock and appurtenances are not returned at the expiration or forfeiture of the lease in as good condition as when received, the company, and

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their securities on their said bond, shall be liable to make good the difference to the State. Inventory of property of roadby whom taken Sec. 4. And be it further enacted , That the persons who compose the company to lease the road shall not be less than seven in number, a majority of whom shall be bona fide citizens and residents of Georgia, who have been such for five years, who shall represent a majority of the whole interest in the lease, so as to give Georgians control of the company. So soon as the terms of the lease are agreed upon between the Governor and the company, and their names have been entered on the minutes of the Executive Department as the persons proposing to take said lease, and the acceptance of the proposition by the Governor shall also have been recorded, said persons shall then, and from that time be, and become a body corporate and politic, for the term of twenty years, under the name and style of the Western Atlantic Railroad Company; and as such it shall have the power to sue and be sued on all contracts made by said company in any county through which the road runs, after the execution of said lease, or for any cause of action which may accrue to said company, or to which it may become liable after said lease is executed; and it shall have power to make all by-laws, rules and regulations for the government of said company, and for the working and management of said railroad which are necessary and usual with railroad companies, not in conflict with the Constitution and laws of this State, or of the United States. Number and qualification of lessees. Lessees incorporated. May sue and be sued. By-laws. Sec. 5. And be it further enacted , That each of said persons composing said company shall be a director in said corporation, and in case of the death of either, his legal representative shall act in his place and represent his interest; and on all questions which may come before the board of directors, each shall vote and have weight in the decision of the question in proportion to his interest in the company. Those having equal interest shall vote equally and have equal weight in the decision of all questions that properly belong to the board. Directors. Vote in proportion to interest. Sec. 6. And be it further enacted , That the board of directors shall, within fifteen days after the company is organized and the lease executed, elect a president, a superintendent and a treasurer for said road, who shall have such salaries as are paid by the Georgia Railroad Banking Company to officers of like grade, and the president shall have power to appoint all other officers and agents necessary to the successful management of said road, and to exercise such power and control as are usually exercised by presidents of railroad companies in this State. Pres't, sup't and treasurerwhen chosen. Salaries. Powers of president. Sec. 7. And be it further enacted , That the said company who shall become the lessees of said road shall be the agent of the State for the settlement of all balances due from connecting roads to said Western Atlantic Railroad, and all balances due by said Western Atlantic Railroad to other connecting roads; and in case there is any balance in favor of said Western Atlantic Railroad, it shall be collected and paid into the treasury of the State;

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but in case there shall be any balance due connecting roads by said Western Atlantic Railroad, said company shall pay such balance, as soon as it is due by them, out of the monthly payments which they give the State for the use of the road, as provided in this act. Lessees to settle balances due to and by W. A.R.R. Balanceshow collected and paid. Sec. 8. And be it further enacted , That in case it shall be found that there are other outstanding or floating debts or liabilities of said Western Atlantic Railroad due, or to become due, to any person or persons at the time said lease is made, they shall be paid by his Excellency the Governor out of the treasury of the State; and the Governor is hereby authorized to draw his warrant upon the treasury for such sum or sums as may be found due, to be paid out of any money in the treasury not otherwise appropriated, which is hereby appropriated for that purpose, which is to be replaced by the monthly payments made by the lessees of the road as soon as a sufficient sum is due from said lessees: Provided , That the Governor shall in no case draw his warrant on the treasury in favor of any such claimant for any unliquidated demand until the claim is audited and approved by a board of three commissioners, to consist of Benjamin Conley, Dawson A. Walker and George Hillyer, Esqrs., or a majority of them, or until the claim has been verified by a judgment of the court having jurisdiction of the case, when it shall be paid out of the treasury as above provided; but no claim shall in any event be allowed by said commissioners, or paid by the Governor, that has been rejected by the judgment of the court having jurisdiction of the case, or by the action of the Legislature; nor shall any claim be paid which falls within the class rejected by the decisions of the Supreme Court of this State, on account of their connection with the rebellion, or of the injury having been received while the claimant or person injured was engaged in the rebellion; nor shall any claim be paid which is embraced in the ordinance of repudiation, passed by the convention of 1865. Other debts of roadhow paid. Reimbursement of the State Treasury. Claimsby whom audited. Character of claims not to be paid. Sec. 9. And be it further enacted , That in case of the death of any member or shareholder of said company, his interest in the lease shall be considered personal property, and shall go to his legal heirs or devises, and be administered as personal property, if not disposed of by will; or he may direct by will that it be retained for the use and benefit of his family, or of any person or persons to whom he may leave it until the end of the lease; and the profits, if any, from his share shall be paid to the person or persons selected by him, as directed by his will; and in case there is no will, the Ordinary may, in his discretion, order a sale for the benefit of heirs or creditors; and if there are no creditors to make the sale necessary, he may direct that the interest in the company be held for the benefit of the heirs until the end of the lease. Interest of lesseehow disposed of in case of death. Ordinary may sell interest-when Sec. 10. And be it further enacted , That said lessees of said road shall neither make, nor permit to be made, any discrimination in favor of or against any railroad company, or other persons or parties having business connection with or relations to said road;

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but all schedules and rates of freight shall be so arranged as to give all connecting roads in this State a fair, equal chance, doing equal justice between them in everything connected with the management of said road and the business relations between them; and no railroad company, or express company or companies, or a combination of either, shall in any event become the lessees of said road: but they may become sureties on the bond of the lessees. Schedules and rates of freightshow to be arranged. Railroad and express companies cannot be lessees. Sec. 11. And be it further enacted , That said lessees shall never charge a higher rate of local freights on said road than the average rate charged by the Georgia Railroad Banking Company, the Central Railroad Banking Company, and the Macon Western Railroad Company, for like local freights over said roads; and said company shall have the same exemptions, privileges, immunities, rights and guarantees, and shall be subject to the same liabilities, disabilities and public burdens of said railroad companies last mentioned, and no more, in all cases where this act is silent and has made no provision on the subject: Provided , This act shall not be construed to confer banking privileges on said company. Rate of local freights. Rights, liabilities, etc. Proviso. Sec. 12. And be it further enacted , That the State pledges her faith to redeem all mortgage bonds on said road which have been issued by the State, together with all interest coupons as they fall due, and to save the lessees harmless against said bonds and coupons. State to redeem mortgage bonds. Sec. 13. And be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 24, 1870. SUPREME COURT DECISIONS. 1. By act of April [Illegible Text], [Illegible Text] all suits then pending and brought after the adoption of the Code, against the Western and Atlantic Railroad, for damages caused by the running of the cars, stand upon the same footing as suits against other railroad companies for such damages and this, even though the damages for which the suits are brought was received before the adoption of the Code. Part 1, vol. 40 Ga. R., p. 416. (No. 289.) An Act requiring the different railroads in this State to furnish equal accommodations to [Illegible Text], without regard to race, color or previous condition, when a greater amount of fare is exacted than was demanded prior to January 1, 1861. Section 1. Be it enacted, etc. , That the different railroads in this State acting as public carriers be required to furnish equal accommodations to all. without regard to race, color or previous

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condition, when a greater sum of fare is exacted than was demanded prior to January 1, 1861, which was at that date half fare for persons of color. All railroads to furnish equal accommodations to all. Sec. 2. Any railroad in this State violating the conditions of the first section of this act by any of its employees may be sued in the Superior Court of the county where the offense is committed, and any person so wronged may recover such sum as the discretion of the court thinks right and proper in the premises, not to exceed ten thousand dollars. Violation hereof renders road liable to suit. Sec. 3. This act shall be of force January 1, 1871. Sec. 4. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 26, 1870. (No. 290.) An Act to provide for the crossing of railroads by other railroads . Section 1. Be it enacted, etc. , That any railroad company heretofore or hereafter chartered by the Legislature of this State shall have the right to cross any other railroad heretofore or hereafter built, or to be built in this State, upon the following terms: 1. That they shall be allowed to cross at grade points, or at any other point where the same shall not obstruct the other road, and may be allowed to cross by a tunnel or bridge if necessary, said tunnel or bridge being made absolutely secure. Railroads may cross other roads. Terms. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 291.) An Act to require all railroad bonds indorsed by the State of Georgia to be registered in the office of the Secretary of State, and for other purposes therein mentioned . Whereas, It appears that there is no registry kept of the railroad bonds indorsed by the State, except in the office of the Executive; and whereas, it is essentially necessary to the interest of the people that an accurate registry of such bonds should be kept

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in more than one office of the State Government; and whereas, such bonds pass through the office of the Secretary of State for sealing and countersigning: therefore Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That all railroad bonds upon which the indorsement of the State is placed be sealed and countersigned and registered by the Secretary of State, in a book to be kept for that purpose; the registry must be kept in such style and form as to show the date of the bond, the series, the number and amount of the bond, the interest the bond bears, the officers of the road signing the bond and coupons, the time the bond has to run, and when and where the coupons are made payable. Bonds indorsed to be registered by Secretary of Statehow. Sec. 2. It is further enacted , That each and any railroad company accepting the provisions and restrictions of the act granting State aid shall make known such acceptance to the Governor in writing, which acceptance shall be placed on file in the Executive Department. Company accepting act of indorsement, must make known to Governor. Sec. 3. It is further enacted , That the Secretary of State shall require of each railroad company whose bonds are indorsed by the State one bond of each series that it may issue, which bond shall not be executed, but marked on its face cancelled, and filed in the office of the Secretary of State for reference. Secretary of State shall requirewhat. Sec. 4. It is further enacted , That the Secretary of State shall report annually to the Legislature the amount of railroad bonds indorsed by the State. Shall report annually to Legislature. Sec. 5. That the Secretary of State, in consideration of the number of bonds likely to be indorsed, and the responsibility incurred, be allowed to charge and retain from the railroad company a fee not exceeding one twentieth of one per cent. May charge fee of R. R. companies. Sec. 6. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 292.) An Act to authorize the Mayor and Council of the city of Rome to subscribe not exceeding one hundred thousand dollars of stock in the Memphis Branch Railroad upon certain conditions, and for other purposes . Section 1. The General Assembly do enact , That the Mayor and Council of the city of Rome are hereby authorized to subscribe for not exceeding one hundred thousand dollars of stock in the Memphis Branch Railroad Company, and to issue bonds of said city for their subscription, said bonds payable in not less than ten

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nor more than twenty years after date thereof, and the interest payable annually. Mayor, etc., of Rome may subscribe for stock. Sec. 2. Be it further enacted , That the said Mayor and Council shall in each and every year, until said bonds are paid, provide by special taxation for the raising of a sufficient sum of money to meet the interest on said bonds, unless a certain provision be otherwise made for paying said interest, and the stock subscribed and the dividends thereon shall be held and bound for the principal of said bonds in preference to any other debt of the city; and said stock shall not be sold or transferred except to pay said bonds. May provide special tax. Liability for redemption of bonds. Sec. 3. Be it further enacted , That before said subscription is made, the vote of the citizens of said city shall be taken in accordance with the provisions of the Constitution of the State of Georgia, and provided a majority of said citizens (being the qualified voters thereof) do approve of said subscription. Vote of citizenshow taken. Sec. 4. Be it further enacted , That the said Mayor and Council of the city of Rome may subscribe for a like amount of stock in any other railroad that may be projected which has its terminus in said city: Provided, however , That the question of subscription or no subscription be first submitted to the citizens of said city, and the subscription be approved by a majority of the qualified voters thereof. Further authority. Proviso. Sec. 5. Repeals conflicting laws. Approved October 14, 1870. TITLE XVIII. SALARIES. Section 1. Salaries of Judges of the Supreme and Superior Courts. (No. 293.) An Act to fix the salaries of the Judges of the Supreme Court and the Judges of the Superior Courts of the State of Georgia . Section 1. Be it enacted, etc. , That each of the Judges of the Supreme Court of the State of Georgia shall receive as his [Illegible Text]

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the Judges of the Superior Courts of the State of Georgia shall have and receive as an annual salary the sum of twenty-five hundred dollars. Sec. 2. Repeals conflicting laws. Approved October 22, 1870. Heretofore the salaries wereJudges Superior Courts, each, eighteen hundred dollars in coin ; Supreme Court Judges, each, twenty five hundred dollars in specie, etc. , TITLE XIX. TAXATION. Sections. 1. Poll tax of 1868-69-70, illegalfurther collection of restrained. 2. Capitation tax prohibited. 3. Convention scriphow paid. Sections. 4. Executive warrants. 5. Convention taxhow applied. 6. Comptroller-General to receive [Illegible Text] etc. (No. 294.) An Act to declare the poll tax of this State, for the years 1868, 1869 and 1870, yet uncollected, illegal, and to prevent the collection of the same . Whereas, By the 29th paragraph of the bill of rights, it is declared that no poll tax shall be levied except for educational purposes, and such tax shall not exceed one dollar annually on each poll; and whereas, article 6, paragraph 1, of the Constitution, makes it the duty of the Legislature, at its first session, to provide a system of education free to all children; and whereas, paragraph 3 of the same article solemnly devotes to the support of said systemto-wit, a system of common schoolsthe poll tax allowed by this Constitution; and whereas, the General Assembly did not at its first session, and has not yet established a system of common schools, and there is not in this State any system of common schools to be supported Preamble. Section 1. Be it enacted, etc. , That all poll tax assessed and imposed on the people of this State, for the years 1868, 1869 and 1870, is illegal and not warranted by the Constitution of this State, and that Tax Collectors be instructed to desist from collecting

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the same, and that Tax Collectors be relieved from all such poll tax as appear unpaid in their respective digests. Poll-tax for 1868, 1869 and 1870 illegalno further collection of. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 25, 1870. (No. 295.) An Act to prohibit the further violation of section 29, article 1, of the Constitution of the State of Georgia, and fixing a penalty therefor. Whereas, Article 1, section 29, of the Constitution of this State provides that no poll tax shall be levied except for educational purposes, and such tax shall not exceed one dollar on each poll, which the General Assembly is authorized to assess; and whereas, certain bodies politic, incorporations and local authorities of this State are in the habit of violating said Constitution by assessing and collecting capitation taxes as registration fees, street tax, etc.: for remedy whereof Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That it shall henceforth be unlawful for any county, city or corporate authority to assess or collect any capitation tax whatever, except street tax, and that only after opportunity to work the streets. Capitation tax prohibited. Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 21, 1870. (No. 296.) An Act to protect the credit of the State. Section 1. Be it enacted, etc. , That on the presentation at the treasury of this State of the scrip authorized to be issued by the Constitutional Convention of this State, and audited and approved, by the Comptroller-General, it shall be the duty of the Treasurer to redeem the same out of any money that now is, or hereafter may be, in the treasury. Convention scrip how paid. Sec. 2. Be it further enacted , That on the presentation of the scrip so redeemed by the Treasurer to the Governor, an Executive

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warrant shall be issued in favor of the Treasurer for the amount of scrip so redeemed, which scrip shall be cancelled, marked paid, and filed in the Executive office. Executive warrant. Sec. 3. Be it further enacted , That all the convention tax hereafter collected shall be applied to reimburse the State treasury for the amount paid out in accordance with this act. How applied. Sec. 4. Be it further enacted , That the Comptroller-General be, and is hereby, authorized and required to receive any of said outstanding scrip in settlement of the convention tax due to the State; and that the Comptroller-General be, and he is hereby, required to audit only such accounts as have been heretofore audited by the proper officer of the convention; and his Excellency the Governor is hereby authorized and required to issue his warrants on the treasury for said audited accounts. Comptroller General to receive scripfor what purpose. Sec. 5. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 7, 1870. (No. 297.) An Act to change the time of holding the Superior Courts in the counties of Emanuel and Taliaferro. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the times for holding the Superior Court of Emanuel county shall be on the first Monday in May and November of each year, instead of the times now established by law. Sec. 2. Be it further enacted , That the Superior Courts of the county of Taliaferro hereafter be held on the second Monday of November and May of each year. Sec. 3. Be it further enacted , That this act do not go into effect until 1871, and that no court be held in said county of Taliaferro in November of the present year. Sec. 4. Be it further enacted , That all processes, summons, order or other proceedings of said court of said Taliaferro county be transferable to, and returnable to said November and May terms as they would have been to August and May terms if this act had not been passed. Sec. 5. Repeals conflicting laws. Approved October 29, 1870.

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PART II. LOCAL LAWS. Title I.COUNTY REGULATIONS. II.RELIEF. III.TOWN AND CITY REGULATIONS.

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TITLE I. COUNTY REGULATIONS No. Act. 298. Authorize payment of costs, etc., in Bartow county. 299. Authorize Ordinary Lumpkin county to issue bonds. 300. Relief of sundry Loan Building Associat's in Richmond county. 301. Legalize juries drawn for county of Glynn, etc. 302. Removal of Seat of Justice of Camden county. 303. Board of Commissioners, etc., of Glynn, Stewart and Coweta co's. 304. Board of Commissioners, etc., of Milton county. 305. Public roads in Burke county. 306. Road laws as to Terrell county. 307. Gates across public roads in certain counties. 308. Ordinary Chattooga county to issue bonds. 309. Magistrates, etc., fees of in Bibb, Monroe, etc., counties. 310. Stewart and Webster may levy a tax, etc. 311. Hounding and killing deer in certain countieswhen. 312. Compensation of jurors in Meriwether county. 313. Local act repealedfees, etc., of Baldwin county. 314. Board of Commissioners, etc., for Pike county. 315. Grazing stock in counties of Towns and Union. 316. Floyd county authorized to issue bonds. 317. Treasurer of Appling county to receive jury certificates. 318. Crawford county to make titles to certain church property. 319. Clay county authorized to issue bonds. No. Act. 320. Thomas Creekobstructions of. 321. Board of Commissioners, etc., for Richmond county. 322. Buck Creekobstructions of. 323. Sumter, Paulding and Clay countiesroad laws as to, amended. 324. Chatham county, Isle of Hope, etc., public roads. 325. Houston countyindorse bonds of Fort Valley Hawkinsville Railroad Company. 326. Compensation of jurors in Wilkinson county. 327. Public roads classified in counties of Walker, Chattooga, etc. 328. Certain lands in Cobb county donated to Marietta Male Academy. 329. Glynn county authorized to issue bonds. 330. Randolph, Clay and Chatham countiesroad laws as to. 331. Reinstate certain parties as executors, etc. 332. Turkey Creekobstructions in removed. 333. Dougherty county to levy an extra tax. 334. Lowndes and Macon countiessale of agricultural products in. 335. Gordon, Whitfield and Murray countiesroad laws as to. 336. Fulton county authorized to issue bonds. 337. Bartow countyclassification of public roads in. 338. Present indebtedness of Clarke county to be adjusted. 339. Compensation of jurors in Newton county. 340. Quitman countyroad laws in, altered.

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(No. 298.) An Act to authorize the payment of costs due the officers of Court of Barlow county, and to provide therefor. Section 1. Be it enacted, etc. , That the Clerks of the Superior Court, the Sheriffs and Solicitors-General, be paid the amounts of costs due them respectively, in Bartow county, which became due prior to April 1, 1869. Certain costs paid to officers in Bartow. Sec. 2. Be it further enacted , That the County Treasurer of said county be required to pay to said officers the sums due them, respectively, on their insolvent orders which were entered, allowed and become due prior to the first day of April, 1869, upon presentation of a duly certified copy of said order, countersigned by the Judge of the Superior Court, together with the affidavit of the officer or person serving the same, stating that the sum claimed is due and unpaid. Duty of treasurer of Bartow. Sec. 3. Be it further enacted , That the Ordinary of said county be required to levy a special tax and have the same collected for the payment of said costs. Special tax. Sec. 4. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 299.) An Act to authorize the Ordinary of Lumpkin county to issue bonds to build a jail in said county . Section 1. Be it enacted, etc. , That the Ordinary of Lumpkin county be, and he is hereby authorized to issue county bonds to the amount of two thousand dollars, if so much be necessary to build a jail in said county; said bonds to be payable in ten years, and bearing seven per cent. interest; said interest payable semiannually. Ordinary of Lumpkin issue bonds$2,000. Sec. 2. Be it further enacted , That said bonds when issued shall be for the sum of one hundred dollars each, and shall be numbered and registered by the Ordinary, in a book kept for that purpose, and shall likewise contain the name of the person to whom issued; said bonds shall be transferable, and the interest coupons when due shall be taken by the Tax Collector of said county in payment of any taxes or debt due to the said county. Sum of each Transferable. Sec. 3. Be it further enacted , That it may be lawful for the Ordinary of said county to redeem annually as many as one-fifth of said bonds before the same may become due: Provided , The grand jury of the county shall have recommended the levying a sufficient

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tax for than purpose; said bonds, as well as the interest coupons when paid, shall be cancelled and carefully filed away in the Ordinary's office. Annual redemption. Sec. 4. Be it further enacted , That whenever any of said bonds shall be presented for payment under section three of this act, the Ordinary shall [Illegible Text] pay those bonds first numbered, unless it should appear [Illegible Text] the holders of said first numbered bonds do not desire their payment. Paid according to number. Sec. 5. Be it further enacted , That should any of said bonds, after their issue, be lost or destroyed, it may be competent for the person owning said bond or bonds to establish the loss of the same before the Ordinary, according to the rules now established by law establishing lost papers. Lost, may be established. Sec. 6. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 300.) An Act for the relief of sundry Loan and Building Associations in Richmond county . Whereas, In the year 1867 a State and county tax, and in the year 1868 a convention tax, were levied and collected from the City Loan and Building Association of Augusta, Georgia, the Augusta Mutual Loan Association, the Stonewall Jackson Loan Association, and the Soldiers' Loan Association, under and by virtue of section 813 of the Code of Georgia, which taxes were not assessed or collected from any similar associations in the State; and whereas, by an act approved on the 19th day of March, A. D. 1869, it was declared that such associations are not subject to taxation under the said section 813 of the Code Preamble. Section 1. Be it enacted, etc. , That the Treasurer of this State is hereby athorized and required to repay to the said associations all such sums of money as they may have respectively paid into the State treasury on account of State and convention taxes; and the Comptroller-General is hereby directed to furnish to his Excellency the Governor a certificate of the amounts of money so paid by each of said associations; and upon said certificate being made, the Governor is hereby authorized and empowered to draw warrants upon the State Treasurer for the several amounts so certified, in favor of the said associations, which shall be paid out of any funds in the treasury not otherwise specifically appropriated. Treasurer required to refund certain convention taxes. Duty of Comp.-Gen. Sec. 2. Be it further enacted , That the county of Richmond shall repay to each and every of said associations the amounts so paid

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by them respectively, on account of county tax, and the Ordinary of said county is hereby authorized and required to make such repayment by proper warrants upon the County Treasurer, which shall be paid out of the county treasury; and the Ordinary is hereby authorized to assess and cause to be levied upon the taxable property of said county a special tax, if necessary, for this purpose. Richmond county to refund. Special tax. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved October 27, 1870. (No. 301.) An Act to legalize juries drawn for the county of Glynn under the act of February 15, 1869; to carry into effect the second clause of the 13th section of the 5th article of the Constitution. Section 1. Be it enacted, etc. , That the juries selected and drawn for the county of Glynn, under the above recited act, be, and the same are hereby, declared legal. Drawing of certain jurors legalized. Sec. 2. Be it further enacted , That all acts of the Ordinary, deputy clerk of the Superior Court and commissioners, in selecting jurors for said county, under the act above recited, be, and the same are hereby, declared legal. Acts of Ordinary legalized. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. For act, see acts 1869, p. 139. (No. 302.) An Act to provide for an election to determine upon the removal of the seat of justice in Camden county. Whereas, There was an act passed and approved March 18, 1869, providing for the removal of the county site of Camden county, to be determined by a majority of all the electors of said Camden county, voting at the next general election after the passage of said act; and whereas, there has not been any general election held since the passage of said act, and as there is some doubt when there will be one held: therefore Preamble.

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Section 1. Be it enacted, etc. , That the Ordinary of said county is hereby instructed and authorized to order an election, to be held on the 3d day of January, 1871, to carry into effect the provisions of said act, passed and approved March 18, 1869, unless a general election is held sooner. Sec. 2. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 303.) An Act to create a Board of Commissioners of Roads and Revenue in the county of Glynn. Section 1. Be it enacted , That, from and immediately after the passage of this act, there shall be established in the county of Glynn, in this State, a board of commissioners of roads and revenue, to consist of three persons to be appointed by the grand jury of the county; a record of such appointment shall be entered upon the minutes of the Superior Courts of said county, and a certificate of such appointment, issued by the Clerk of said court, shall be sufficient warrant to said commissioners to enter upon the discharge of duties as hereinafter set forth. The first board of commissioners shall be appointed at the next fall term of the Superior Court, which board and all succeeding boards shall hold their office for the term of one year, unless sooner removed by the Judge of the Superior Court, upon the request of two-thirds of any grand jury empaneled at any term of the Superior Court of said county. Board of commissioners in Glynn co. Number ofhow appointed. Clerk's certificate. 1st boardwhen appointed. Term 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 appoint to fill such vacancy or vacancies, said appointment being subject to the ratification of the grand jury at its next session thereafter; if the appointment or appointments made by the Ordinary are not approved by the grand jury, then the vacancy or vacancies to be filled by the grand jury. Vacancieshow filled. Sec. 3. Be it further enacted , That the persons so appointed shall discharge the duties of the office for the unexpired terms of the outgoing commissioners, and hold their office accordingly. Sec. 4. Be it further enacted , That no person is eligible as commissioner, under this act, unless he has been a resident in the county at least one year preceding his appointment. Before entering on the duties of his office, he shall take the oath required of all civil officers of this State. Qualificati'n of commissioners.

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Sec. 5. Be it further enacted , That it shall require two of said commissioners to form a quorum for the transaction of business, and a majority must concur to pass any order or decree. Quorum. Sec. 6. Be it further enacted , That the salary of said commissioners shall be one hundred dollars each per annum, and they are disqualified from holding any other county office while acting as commissioners, 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. Salary of commissioners. May not hold other co'nty office Sec. 7. Be it further enacted , That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matter, to-wit: 1. In supervising and controlling all property of the county, as they may deem expedient, according to law. 2. In establishing, altering and abolishing all roads, bridges and ferries, in conformity to law. 3. In establishing and changing election precincts and militia districts. 4. In examining, settling and allowing all claims against the county. 5. In examining and auditing the accounts of all officers having the care, management, keeping, collecting and disbursement of money belonging to the county, or appropriated for its use and benefit, and in bringing them to a settlement. 6. In making such rules and regulations for support of the poor of the county, and for the promotion of health, as granted by law or not inconsistent therewith. 7. In regulating peddling and fixing the cost of license therefor. Jurisdiction of board. 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 present 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. Powers to appoint road commissioners and enforce road laws. Other powers. Sec. 9. Be it further enacted , That they shall hold twelve regular sessions annually, one 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. Annual sessionwhen held. 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, shall not exceed three hundred dollars per annum. Elect clerkduties of. Compensetion. Sec. 11. Be it further enacted , That in case any member of said board of commissioners shall absent himself for three consecutive meetings, his seat shall be deemed and declared vacant. Officehow forfeited. Sec. 12. Be it further enacted , That said board of commissioners be required to render to the grand jury of said county, at each regular session of the Superior Court, a detailed statement of the financial affairs of the county and a general report of their acts since last report. Must report to grand jurywhen

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Sec. 13. Be it further enacted , That this act shall not be so construed as to deprive the Ordinary of any fees now allowed by law. Sec. 14. Repeals conflicting laws. This act became law, without Executive approval, by lapse of time prescribed by the Constitution. (No. 304.) An Act to create a Board of Commissioners of Roads and Revenue for the county of Milton . Section 1. Be it enacted, etc. , That, from and after the passage of this act, there shall be a board of commissioners of roads and revenue, to consist of three persons, to be elected at the same time that the Ordinary is elected, and hold their office for the same time as the Ordinary of the said county of Milton. Boardconsist ofwhen elected. Term of office. Sec. 2. The commissioners so elected shall be the legal advisers of the Ordinary in all matters relating to the levying taxes for county purposes, public buildings, public roads and bridges, and all county matters generally, and a majority shall determine all questions. Duties. Sec. 3. The said commissioners so appointed shall be exempt from jury, road and militia duty, for the time they serve, and shall not be entitled to any other compensation. Exemption. Compensation. Sec. 4. That the Ordinary of said county shall have power to convene said board at any time he may deem it necessary, by notice served on them; and until the next regular election, the Ordinary may appoint three persons to constitute such board. Powers of Ordinary. Sec. 5. All laws and parts of laws militating against this act are hereby repealed. Approved October 26, 1870. (No. 305.) An Act to repeal an act entitled an act to keep in repair the public roads of Burke county, and to levy an annual tax for that purpose, approved 18th of March , 1869. Section 1. Be it enacted, etc. , That an act entitled an act to keep in repair the public roads in the county of Burke, and to levy

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an annual tax for that purpose, approved March 18, 1869, be, and the same is hereby, repealed. Act of 1869 repealed. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. See acts of 1869, p. 179. (No. 306.) An Act to alter and amend the road laws of this State, so far as they relate to the county of Terrell. Section 1. Be it enacted, etc. , That all roads in the county of Terrell, in said State, which are now by law declared to be public roads, or that may hereafter be declared public roads, and which are now by existing laws required to be cleared of all trees, stumps, grubs and bushes, at least thirty feet wide, shall, from and immediately after the passage of this act, only be required by law to be cleared of all trees, stumps, grubs and bushes, at least twenty feet wide. Road laws as to Terrell co. changedhow. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved August 6, 1870. (No. 307.) An Act to regulate the law as to putting up and keeping gates across public roads, as applicable to the counties of Gordon, Whitfield and Murray. Whereas, The public roads in many parts of the counties of Gordon, Whitfield and Murray cross streams upon which it is impracticable to keep up a sufficient amount of fence to do without gates, owing to the frequent freshets during the spring and winter seasons; and whereas, the roads, under the law, must be of a special width: therefore Preamble. Section 1. Be it enacted , That the Ordinary of the counties of Gordon, Whitfield and Murray be, and they are hereby, authorized to allow citizens, upon application, to build gates across public roads whenever in their judgment necessity from the near proximity of water courses demands it: Provided , The citizen erects

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the gate or gates at his own cost and keep the same in good order, not to be less than ten feet wide. Ordinary may allow citizens to build gateswhen. Sec. 2. Be it further enacted , That said parties erecting gates shall be subject to the same penalties as road commissioners, to be enforced in the same way, provided they shall fail to keep their gates in good order. Gates must be kept in repair. Sec. 3. Be it further enacted, etc. , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 308.) An Act to anthorize and empower the Ordinary of Chattooga county to issue bonds of the county, to the amount of ten thousand dollars, to make and put in good condition a wagon road from Summerville, in said county, across Lookout Mountain to some point on the Alabama Chattanooga Railroad. Section 1. Be it enacted, etc. , That the Ordinary of Chattooga county be, and is hereby authorized to issue the coupon bonds of said county, to the amount of ten thousand dollars, for the purpose of making and putting in good condition a wagon road from Summerville, in said county, across Lookout Mountain to some point on the Alabama Chattanooga Railroad; said bonds shall be payable in twenty years, bearing interest at rate of seven per cent. per annum, payable semi-annually. Ordinary may issue bondsamount of. When payable. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 309.) An Act to repeal an act to amend the several acts now of force regulating the fees of Magistrates and Constables in the State of Georgia, so far as relates to the counties of Bibb, Richmond, Monroe and Lee, and to provide for the mode of collecting the same, approved January 22, 1852, and the several acts amendatory thereof, and to prescribe the mode of collecting costs in insolvent cases, due Magistrates and Constables in this State. Section 1. The General Assembly of the State of Georgia do hereby enact , That, from and after the passage of this act, the above recited act, and the several acts amendatory thereof, be, and the same are hereby, repealed. Act repeal'd

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Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 310.) An Act to repeal an act entitled an act to require the Ordinaries of the counties of Stewart and Webster to levy a tax to pay insolvent criminal cost. Section 1. Be it enacted, etc. , That an act entitled an act to require the Ordinaries of the counties of Stewart and Webster to levy a tax to pay insolvent criminal cost be, and the same is hereby, repealed. Approved October 24, 1870. (No. 311.) An Act to prevent hounding and killing of deer in the counties of Fannin, Gilmer and Murray, between the tenth day of April and the twentieth day of September in each year. Section 1. Be it enacted, etc. , That, from and immediately after the passage of this act, it shall be unlawful for any person to hound and kill deer in the counties of Fannin, Gilmer and Murray, between the tenth day of April and the twentieth day of September in each year. Hounding deer in certain counties prohibited. Sec. 2. All laws in conflict herewith are hereby repealed. Approved October 24, 1870. (No. 312.) An Act to compensate the Grand and Petit Jurors of the county of Meriwether. Section 1. Be it enacted, etc. , That, from and after the passage of this act, each of the grand and petit jurors of the Superior

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Court of Meriwether county shall be entitled to two dollars a day for each day he actually serves, to be paid by the County Treasurer. Compensation of jurors. Sec. 2. Be it further enacted , That, to carry out the provisions of the first section of this act, a special tax shall be levied by order of the Ordinary of said county, and collected by the Tax Collector, and paid over to the Treasurer. Special tax. Sec. 3. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 313.) An Act to repeal a local act entitled an act to increase the fees of the Clerk of the Superior Court, Ordinary and Sheriff of the county of Baldwin, assented to December the 20 th , 1866. Whereas, It is plainly right for the cost and fees of county officers to be uniform throughout the State, and to be regulated duly by general laws, and there is no reason for the officers of Baldwin county to exact, or the people of Baldwin to pay more cost than in other counties, and the grand jury of Baldwin county have requested the repeal of said act Preamble. Section 1. Therefore, the General Assembly of the State of Georgia do enact , That the said act entitled an act to increase the fees of the Clerk of the Superior Court, Ordinary and Sheriff of the county of Baldwin, approved December 20, 1866, be, and the same is hereby, repealed; this act to take effect immediately from the approval thereof by the Governor. Approved October 25, 1870. (No. 314.) An Act to amend an act to create a Board of Commissioners of Roads and Revenue in the county of Harris, assented to March the 17 th , 1869, so as to make it applicable to the county of Pike. Section 1. Be it enacted , That, from and immediately after the passage of this act, all the provisions of an act to create a board of commissioners of roads and revenue in the county of Harris, assented to March 17, 1869, be made applicable to the county of Pike. Certain act made applicable to the county o Pike. Sec. 2. All laws militating against this act are hereby repealed. Approved October 31, 1870.

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(No. 315.) An Act to prohibit persons not residing in this State from grazing stock of any kind in the counties of Towns and Union, except such persons may be the owners of real estate in said counties. Section 1. Be it enacted, etc. , That, from and immediately after the passage of this act, it shall be unlawful for persons not residing in this State to graze stock of any kind in the counties of Towns and Union, except such persons may be the owners of real estate in said counties. Stock shall not be grazedwhere. Sec. 2. Be it further enacted , That any person or persons violating the provisions of this act shall be fined in a sum not to exceed thirty nor less than five dollars, or imprisonment in the county jail not to exceed thirty nor less than ten days, or both, at the discretion of the court. Penalty for violation. Sec. 3. Repeals conflicting laws. Approved October 26, 1870. (No. 316.) An Act to authorize and empower the Ordinary of the county of Floyd to issue bonds of the county to the amount of fifty thousand dollars, to build or purchase a bridge or bridges over the Etowah and Oostanaula Rivers, in the county of Floyd, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Ordinary of the county of Floyd, in the State of Georgia, be, and he is hereby authorized and empowered to issue coupon bonds of the county of Floyd, bearing interest at the rate of seven per cent. per annum, interest payable semi-annually, at such place or places as may be designated in the said bonds; the principal of said bonds shall be payable in twenty (20) years from the date thereof. Ordinary of Floyd co'nty issue bonds. Interestwhen payable. Sec. 2. And be it further enacted , That said bonds may be issued in sums of five hundred dollars each, signed by the Ordinary and countersigned by the clerk of said court. Sec. 3. And be it further enacted , That the Ordinary of said county shall have power to erect, build or purchase one or more bridges over each of the rivers, Etowah and Oostanaula, in said county of Floyd: Provided , That no greater sum than fifty thousand dollars shall be issued or used for such purposes. May build bridge. Sec. 4. And be it further enacted , That the said Ordinary shall have power and authority to levy and cause to be collected a tax equal in amount to one per cent. on the taxable property of said county, for the purpose of paying interest accruing on said bonds,

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and to provide a fund to pay off and fully discharge the same at the end of twenty (20) years. May levy tax. Sec. 5. And be it further enacted , That the Ordinary shall have power and authority to do and perform all things necessary to promote the objects of this law: Provided , That before the Ordinary proceeds to carry out the provisions of this act, the subject of free bridges or no free bridges shall first be submitted to the qualified voters of said county, at the next ensuing election (after its passage,) for members of the General Assembly, or for representatives in the lower house of Congress, and at said election said voters shall indorse upon their tickets, free bridges or no free bridges, and if a majority of said qualified voters shall vote for free bridges, then said Ordinary shall proceed to issue said bonds and carry out the provisions of said act. General powers. Proviso. Sec. 6. And be it further enacted , That all laws and parts of laws militating against the provisions of this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 317.) An Act authorizing the County Treasurer of Appling county to receive jury certificates of said county for any dues owing said county. Section 1. Be it enacted, etc. , That the Treasurer of Appling county shall be authorized to receive the jury certificates of said county in payment of any dues owing the county. Approved October 25, 1870. (No. 318.) An Act to authorize and require the Ordinary of Crawford county to execute titles to the Trustees of Wesley Chapel and Old Hebron Church for the lands now occupied by said church. Section 1. The General Assembly of the State of Georgia do enact , That the Ordinary of Crawford county shall, for the county of Crawford, make and execute titles to the lands now occupied by Wesley Chapel and Old Hebron Church to the trustees of said church. Title to certain property. Sec. 2. Be it further enacted, etc. , That all laws and parts of laws militating against this act are hereby repealed. Approved October 25, 1870.

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(No. 319.) An Act to authorize the Ordinary of Clay county to issue bonds upon the credit of the county to aid in building a court-house for the same, and for other purposes. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the Ordinary of the county of Clay be, and he is hereby, authorized to issue bonds upon the faith and credit of said county, not to exceed in amount five thousand dollars, ($5,000,) to aid in building a court-house for said countysaid bonds to become due and payable at a time to be fixed by said Ordinary, and to draw interest at a rate not to exceed twelve per cent. per annum, and to be put upon the market only at a par valuation. Ordinary may issue bonds. Maximum amount. When dueinterest on. Sec. 2. And be it further enacted , That all laws in conflict with this act be, and the same are hereby, repealed. Approved October 18, 1870. (No. 320.) An Act to prevent persons from obstructing Thomas Creek, in the county of Tatnall, State of Georgia. Section 1. Be it enacted, etc. , That it shall be unlawful for any person or persons to place, or cause to be placed, any obstructions in the waters of Thomas Creek, in the county of Tatnall, so as to prevent the floating of timber upon the same. Obstructing Thomas Creek. Sec. 2. Be it further enacted , That if any person or persons shall place, or cause to be placed, any obstructions in the waters of said steam, so as to prevent the floating of timber upon the same, shall be guilty of a misdemeanor, and upon conviction shall be fined in the sum of not more than one hundred dollars, or imprisoned in the county jail for a period of not more than six months, in the discretion of the court. Misdemeanorpenalty Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870.

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(321.) An Act to create a Board of Commissioners of Roads and Revenue in the county of Richmond. Section 1. Be it enacted, etc. , That, from and immediately after the passage of this act, there shall be established in the county of Richmond, in this State, a board of commissioners of roads and revenue, to consist of three person, 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 Sheriff, and shall hold their office until the regular election for county officers in the year 1874, at which time an election shall be heldwhich 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. Boardnumber ofhow elected and commissioned. 1st board appointedhow. Term of office. Sec. 2. Be it further enacted, etc. , That any vacancy which may occur in the board established by this act shall be filled by the remaining members until the expiration of the first term, and after that time 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. Vacancies in boardhow filled. Sec. 3. Be it further enacted, etc. , That the persons elected to fill the vacancy are commissioned for the unexpired terms of the out-going commissioners, and hold their offices accordingly. How commissioned. Sec. 4. Be it further enacted, etc. , 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 of office required to be taken by the civil officers of this State. Who is eligible. Oath. Sec. 5. Be it further enacted, etc. , 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, etc. , 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. Commissioners cannot hold any other county office. Sec. 7. Be it further enacted, etc. , 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

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against the county. 6th. In examining and auditing the accounts of all officers having the care, management, keeping, collecting 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 cost of license therefor. Jurisdiction of board. Sec. 8. Be it further enacted, etc. , 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 the 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. Powers as to road commissioners. Sec. 9. Be it further enacted, etc. , That they shall hold twelve regular sessions annuallyone session on the first Monday 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. 12 regular sessions annually. Sec. 10. Be it further enacted, etc. , 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 himsaid compensation, however, not to exceed five hundred dollars per annum. Elect clerk and define his duties. Sec. 11. Be it further enacted, etc. , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 17, 1870. (No. 322.) An Act to prevent the obstruction of Buck Creek through the counties of Schley and Macon. Section 1. Be it enacted, etc. , That, from and after the passage of this act, it shall not be lawful to obstruct said Buck Creek by fishtraps or wire-nets so as to obstruct the passage of fish in said Buck Creek. Obstructing Buck Creek prohibited. Sec. 2. Be it further enacted , That any person violating the provisions of this act shall be punished as prescribed by section 4245 of Irwin's Revised Code. Penalty. Sec. 3. Repeals conflicting laws. Approved October 24, 1870.

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(No. 323.) An Act to alter and amend the road laws of this State, so far as relates to the counties of Sumter, Paulding and Clay. Section 1. Be it enacted, etc. , That, from and after the passage of this act, all public roads in the counties of Sumter, Paulding and Clay be required to be cleared of all trees, stumps, grubs, bushes and other obstructions, for only twenty feet wide instead of thirty feet wide, as is now required by law. Road laws changed as to certain counties. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 12, 1870. For law changed, see Code, section 639, requiring roads cleared, etc., thirty feet wide. (No. 324.) An Act to make the roads and bridges from the Isle of Hope, across Long Island to the main road on Skidaway Island, in the county of Chatham, a part of the public roads, in conformity with the act assented to December 26, 1831. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the bridges having been built, and the right-of-way secured from the Isle of Hope to the main road on the Skidaway Island, from the year 1858 till the present time, the roads and bridges are now declared a part of the public roads of Chatham county. Certain bridges and roads from Isle of Hope made public Sec. 2. Be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be, and the same are hereby, repealed. Approved October 17, 1870. (No. 325.) An Act to authorize the county of Houston to indorse its guaranty upon the bonds of the Fort Valley Hawkinsville Railroad Company to the amount of one hundred and fifty thousand dollars, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That the county of Houston is hereby authorized to indorse the

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guaranty of the county of Houston upon the bonds of the Fort Valley Hawkinsville Railroad Company, to the extent of one hundred and fifty thousand dollars, ($150,000.) County of Houston to indorse bonds of F. V. H. R. R. Co. $150,000 Sec. 2. That whenever the directors of said Fort Valley Hawkinsville Railroad Company shall present to the Ordinary the bonds of said railroad, it shall be the duty of the Ordinary, in behalf of the county, to indorse the guaranty of the county upon said bonds, to the extent of one hundred and fifty thousand dollars: Provided , Said bonds shall not become due in less than fifteen nor more than twenty years, nor bear more than seven percent. interest. Ordinary to indorse. Proviso. Sec. 3. That it shall not be lawful for said railroad company to use said bonds, or the proceeds arising therefrom, for any other purpose than the construction of said railroad, and if said railroad company shall dispose of said bonds, or the proceeds arising therefrom, for any other purpose than the construction of said railroad, the president and directors of said road, so permitting the use of said bonds, shall be guilty of a misdemeanor, and punished as prescribed in section 4245 of Irwin's Code. Railroad company to use bonds for legitimate purpose. Violation a misdemeanorpenalty Sec. 4. That said indorsement shall operate as a prior lien in favor of said county, upon all the property of said railroad company, saving and excepting any lien that may be given to the State by reason of the indorsement of the bonds of said railroad company by the State: And provided, nevertheless , Said railroad company shall not sell said bonds for less than ninety cents in the dollar. Prior lien upon road. Sec. 5. Repeals conflicting laws. Approved October 18, 1870. (No. 326.) An Act to compensate the Grand and Petit Jurors of the county of Wilkinson. Section 1. Be it enacted by the General Assembly , That, from and immediately after the passage of this act, each of the grand and petit jurors of the Superior Court of Wilkinson county shall be entitled to three dollars a day for each day he actually serves, to be paid by the County Treasurer. Pay of urors. Sec. 2. Be it further enacted , That, to carry out the provisions of the first section of this act, a special tax shall be levied by order of the Ordinary of said county, and collected by the Tax Collector and paid over to the Treasurer. Special tax. Sec. 3. Repeals conflicting laws. Approved October 24, 1870.

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(No. 327.) An Act to classify the public roads in the counties of Walker, Chattooga, Catoosa, Dade, Murray, Stewart, Schley, Whitfield, Towns and Gordon, in this State. Section 1. Be it enacted, etc. , That the Ordinaries of the counties of Walker, Chattooga, Catoosa, Dade, Murray, Stewart, Schley, Whitfield, Towns and Gordon, with the advice and assistance of the Justices of the Peace and Notaries Public of the several districts of said counties, shall proceed to classify the public roads of said counties. Ordinaries of certain counties shall classify public roads. Sec. 2. Be it further enacted , That said roads shall be divided into three classes, to-wit: first class road to be thirty feet in width; causeways fifteen feet in length; road-bed eight feet in width, clear of stumps, roots and runners; second class road shall be cleared twenty feet in width, causeways twelve feet in length, road-bed eight in width, clear of stumps, roots and runners; third class road shall be cleared twelve feet in width, causeways nine feet in length, road-bed seven feet in width, clear of stumps, roots and runners, all stumps to be cut as near the ground as practicable. Roads divided into 3 classes. Width of first-class. Second class Third-class. Sec. 3. Be it further enacted , That labor shall be proportioned according to the several classes. Sec. 4. Be it further enacted , That nothing in this act shall be so construed as to effect private ways, as now provided by law. Private ways. Sec. 5. All laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved September 9, 1870. (No. 328.) An Act to donate the lands in the county of Cobb, formerly used for the purposes of the Georgia Military Institute, to the Trustees of the Marietta Male Academy, and their successors, for educational purposes. Section 1. The General Assembly of the State of Georgia do enact as follows , That, from and after the passage of this act, the lands lying and being in the county of Cobb, formerly used for the purposes of the Georgia Military Institute, be, and the same are hereby, granted and donated to William Phillips, A. P. Rood, A. S. Edmonston, William P. Anderson, Campbell Wallace, William D. Anderson, John G. Campbell, J. W. Bozeman, T. J. Atkinson, B. Stripling, W. F. Groves, John A. G. Anderson, H. M. Hammett, J. T. Huley and A. W. York, trustees of the Marietta Male

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Academy, and their successors in office, for the benefit and use of said academy. Lands donated to certain trustees of Marietta Male Academy. Sec. 2. Repeals conflicting laws. Approved October 28, 1870. (No. 329.) An Act to authorize the Ordinary of Glynn county to issue bonds to raise money for completing the Court-house and Jail, and for other purposes. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the Ordinary of the county of Glynn is hereby authorized and empowered to issue and negotiate county bonds to an amount not exceeding seventy-five thousand dollars, the proceeds of which when sold shall be applied to the payment of the debts due by the said county, and to complete the erection of a courthouse and county jail in said county. County bondsam't of. To pay debts of. Sec. 2. The said bonds shall not be issued for a longer time than twenty years, and shall bear interest at the rate of seven per cent. per annum. Sec. 3. Repeals conflicting laws. Approved October 27, 1870. (No. 330.) An Act to alter and amend the road laws of this State, so far as they relate to the counties of Randolph, Clay and Chatham. Section 1. Be it enacted, etc. , That all roads in the counties of Randolph and Clay, in said State, which are now by law declared to be public roads, or that may hereafter be declared public roads, and which are now by existing laws required to be cleared of all trees, stumps, grubs and bushes, at least thirty feet wide, shall, from and immediately after the passage of this act, only be required by law to be cleared of all trees, stumps, grubs and bushes at least twenty feet wide: Provided , That the same rules, regulations and laws shall apply to the Middle Ground Road, leading from Savannah to Dutch Town, in the county of Chatham. Width of roads. Proviso. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870.

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(No. 331.) An Act to reinstate certain parties as executors in a certain case. Section 1. Be it enacted, etc. , That, from and after the passage of this act, William C. Campbell and Nicholas C. Campbell, of the county of Meriwether, be, and they are hereby, reinstated as executors of the last will and testament of their father, Catlett Campbell. Sec. 2. Repeals conflicting laws. Approved October 25, 1870. (No. 332.) An Act to remove certain obstructions that prevent the passage of fish in Turkey Creek, in the counties of Wilkinson and Laurens. Section 1. Be it enacted, etc. , That, from and after the passage of this act, it shall be the duty of the Sheriffs, jointly or separately, of the counties of Wilkinson and Laurens, to remove from Turkey Creek, in said counties, all wire traps or other obstructions that prevent the free passage of fish in the same. Duty of Sheriffs in certain co's to remove obstructi'ns from Turkey Creek. Sec. 2. Be it further enacted , That on the failure or refusal of said officers to comply with the first section of this act, they shall on conviction be fined in a sum not exceeding five hundred dollars. Sheriffs failing to comply shall be fined. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 333.) An Act to authorize the Ordinary of Dougherty county to levy an extra tax to build a bridge at Albany, Georgia. Section 1. The General Assembly of the State of Georgia do enact , That the Ordinary of Dougherty county be, and he is hereby, authorized, in addition to the amount of tax assessed for county purposes, to assess a sufficient amount to build a free bridge at Albany, at such place as the City Council of Albany may direct, across Flint Riversaid tax to be collected during the year 1870, at the time of collecting the State and county tax. Extra tax in Dougherty. Approved October 27, 1870.

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(No. 334.) An Act to repeal an act to prohibit and make penal the sale and purchase of 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 were raised, or his authorized agent. Section 1. Be it enacted, etc. , That the above recited act, bearing date March 4, 1869, be, and the same is hereby, repealed. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict with this act be, and they are hereby, repealed. Approved October 27, 1870. (No. 335.) An Act to alter and amend the road laws of the State of Georgia, as applicable to the counties of Gordon, Whitfield and Murray. Whereas, Under the present system of our road laws, the counties above mentioned suffer a great inconvenience, and are compelled to perform a vast deal of labor upon their roads, it being a mountainous country, and necessary to keep said roads in good condition for the traveling public Preamble. Section 1. Therefore be it enacted, etc. , That, from and after the passage of this act, section 639 of Irwin's Revised Code, so far as the same is applicable to the counties of Gordon, Whitfield and Murray, be so amended as to strike out in the second line of said section the words, at least thirty feet wide, and insert in lieu of said stricken words, at least twenty-five feet wide, for the roads hereinafter denominated as public thoroughfares or market roads. Section 639 of Code amended as to certain counties. Strike 30, insert 25. Sec. 2. Be it further enacted , That the Ordinaries of the counties herein mentioned, or whomsoever may by law be appointed to take charge of, and superintend the management of, roads, be empowered and required to class the roads of their respective counties into three distinct classes as follows: 1st. Public thoroughfares or market roads, which are roads of general public utility, and which shall be twenty-five feet wide, if practicable, from the situation of the ground. 2d. Roads of less public utility, which shall be eighteen feet wide. 3d. Roads for the benefit of small neighborhoods, denominated settlement roads, which shall be twelve feet wide. Duty of Ordinaries and others. 1st-class 25 feet wide. 2d-class 18 feet. 3d-class 12 feet. Sec. 3. Be it further enacted , That it shall be the duty of road commissioners of said counties, with the approval of the Ordinary, to assign to the roads of the first class and second class a competent

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number of hands to keep them in repair, observing, at discretion, a proper distinction between said roads. It shall further be their duty to assign to roads of the third class a sufficient number of hands to keep the same in repairto be worked on when necessaryand also to appoint annually overseers of said roads. Duty of road commissioners. Sec. 4. If any Court of Ordinary of said counties fail or refuse to class the roads of their county, they shall be worked on and kept in the manner prescribed for roads of the first class. Failure of Ordinary. Sec. 5. Overseers shall completely cut and clear stumps, rocks, trees and obstructions, so far as is practicable, for the width of twenty feet, in the center of every road of the first class; and whenever the overseer may deem it expedient, he shall make causeways, and said causeways in roads of the first class shall be at least sixteen feet wide, as now provided by law, and twelve feet wide in roads of the second class; and the earth necessary to make the same shall be thrown up from each side so as to completely drain the road. Duty of overseers. Sec. 6. Be it further enacted , That in such places as the overseer may think it expedient to construct causeways, he may, if he deem it best, pave the same with firm beaten stone or gravel on roads of the first class for the width of fourteen feet, and on roads of the second class for the width of twelve feet, and of sufficient depth to make the road firm and smooth. Causeways. Sec. 7. Every overseer shall forthwith remove all obstacles from his road, caused either by accidents or by the acts of individuals, employing in the work any of his hands, to whom a credit for the labor shall be given in exemption from future labor when others are called on. Obstacles to be forthwith removed. Sec. 8. It shall further be the duty of the Ordinaries of said counties, after they have classed the roads as herein provided, to superintend and approve the assignment of the hands by the commissioners to the respective classes of roads, using a proper discretion as to number, and making a proper distinction between the roads in the assignment. Ordinaries to approve assignment of hands. Sec. 9. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 336.) An Act to authorize the Ordinary of Fulton county to issue bonds for the purpose of raising money to build a jail. Section 1. The General Assembly of the State of Georgia do enact , That the Ordinary of the county of Fulton is hereby authorized and empowered, for the purpose of building a jail in said county,

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to issue and sell or negotiate bonds of said county to the amount of thirty thousand dollars ($30,000,) or such amount under that sum as he may deem proper and necessary, to be signed by said Ordinary, and countersigned by the Treasurer of said county, and to bear such rate of interest, not exceeding ten per cent., as said Ordinary may deem best: Provided , That none of said bonds shall run longer than fifteen years, and shall be exempt from State, county and municipal tax, and the faith and credit of said county of Fulton is hereby pledged for the payment of said bonds. Ordinary may issue bonds. How signed Rate of interest. Sec. 2. Repeals conflicting laws. Approved October 27, 1870. (No. 337.) An Act to authorize the Ordinary and Road Commissioners of the county of Bartow to classify the public roads in said county, and define the width and prescribe the amount of work to be done thereon. Section 1. The General Assembly of the State of Georgia do enact , That the Ordinary and road commissioners of the county of Bartow be authorized, and they are hereby required, to classify the public roads of said county into three classes, and apportion the hands on eachthe roads of the first class to be twenty-five feet wide, and worked as now prescribed by the Code; the roads of the second class to be not over eighteen feet wide, and the roads of the third class to be of such width as the county may prescribe. The amount and character of work to be done on second and third class roads to be prescribed by the road commissioners of the respective road districts of said county, and subject to the Ordinary's approval. Ordinary and commissioners to classify public roads and apportion hands. Width of second-class roads. Third-class. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 338.) An Act to authorize the Ordinary of Clarke county to adjust the present bonded indebtedness of said county, and to issue new bonds in renewal of the same, and the interest thereon. Section 1. Be it enacted, etc. , That the Ordinary of Clarke county be, and he is hereby, authorized to appoint a committee, consisting of five citizens of said county, all of whom shall be freeholders

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and disinterested, other than as tax-payers, who shall meet at such times and places as the Ordinary may direct, and under such rules and regulations as he shall prescribe, hear the claims of the various bondholders and pass upon every bond presented to them, determining the value of each bond, principal and interest separate, upon its own peculiar equities. Ordinary to appoint five commissioners to hear claims of bondholders. Sec. 2. Be it further enacted , That the Ordinary shall, upon the presentation of any bond or bonds properly audited by the committee, issue a new bond or bonds in renewal of the same at the audited value: Provided , He shall not issue any of a less denomination than one hundred dollars nor for any fractional sum. Ordinary may renew bonds. Sec. 3. Be it further enacted , That said renewed bonds shall draw seven per cent. interest, which shall be payable semi-annually, beginning on the first day of July, 1871, and half yearly thereafter upon presentation to the County Treasurer a coupon clipped therefrom. The bond shall be signed by the Ordinary and countersigned by the Treasurer, and the coupons shall be signed by the Treasurer. The Ordinary shall keep a registry of the bonds issued, the number of each and to whom issued. Interest on renewed bondshow paid. Bondshow signed Sec. 4. Be it further enacted , That the provisions of this act shall not apply to the bonds not presented, or to any, the assessed value of which is not satisfactory to the holder. Not included in provisions of this act. Sec. 5. Be it further enacted , That said bonds shall be redeemable any time after the expiration of five years and before the expiration of twenty, after reasonable notice given in the public gazettes in the county, and shall be redeemable after five years in taxes. When redeemable. Sec. 6. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 339.) An Act to fix compensation for jurors in the county of Newton, and for other purposes. Whereas, The grand and petit jurors of the county of Newton have received no compensation for services rendered in the years eighteen hundred and sixty-six and eighteen hundred and sixty-seven, by reason of a failure to assess a tax for that purpose: for remedy whereof Preamble. Section 1. Be it enacted, etc. , That the Ordinary in and for said county be, and he is hereby, authorized and required to assess a sufficient amount on the State tax to pay such indebtedness which may be outstanding and due. Special tax in Newton county.

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Sec. 2. Be it enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 26, 1870. (No. 340.) An Act to alter and amend the road laws of this State, so far as relates to the county of Quitman. Section 1. Be it enacted, etc. , That all roads in the county of Quitman, in the State of Georgia, which are now by law declared to be public roads, or may hereafter be declared public roads, and which are now by existing laws required to be cleared of all trees, stumps, grubs and bushes, at least thirty (30) feet wide, shall, from and immediately after the passage of this act, only be required by law to be cleared of all trees, stumps, grubs and bushes at least twenty (20) feet wide. Width of roads. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 12, 1870.

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TITLE II. RELIEF. No. Act. 341. Relief of certain persons in county of Sumter. 342. B. H. Mitchell peddle without licenses. 343. C. W. Herndon and others peddle without licenses. 344. Relief of Malinda Art, [Arze] etc. 345. Relief of M. G. Collins and others. 346. Relief of Powell Blassingame, etc. 347. W. J. F. Mitchell may erect gate, etc. 348. Relief of Herschel Dean. 349. Relief of W. W. Hindman. 350. Pay of Mrs. F. H. Fyall per diem , etc. 351. Relief of F. M. Scroggins, and others. No. Act. 352. Relief of Powell and Dorothy Blassingame. 353. Franchises of Nelson Tift forfeited. 354. Relief of John J. Dickey and others. 355. Legalize marriage of J. M. Lamb and S. E. Landers. 356. Relief of John Bohler, Tax Collector, etc. 357. Relief of J. H. Armstrong and others. 358. Relief of H. L. Tyson, Tax Collector, etc. 359. N. S. Glover may blast channel, etc. 360. Relief of Jackson Kilpatrick. 361. Relief of Julia A. McLaren. (No. 341.) An Act to legalize the marriage of Gereol Reid and Ella Hicks, and to relieve them from all the pains and penalties of a second marriage. Section 1. Be it enacted, etc. , That, from and after the passage of this act, the marriage of Gereol Reid and Ella Hicks, persons of color of the county of Sumter, be, and the same is hereby, declared to be valid; that they are hereby relieved from all the pains and penalties of said marriage. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 24, 1870. (No. 342.) An Act to allow Batty H. Mitchell, of the county of Coweta, to peddle without license. Section 1. Be it enacted, etc. , That Batty H. Mitchell, of the county of Coweta, be, and he is hereby, authorized to peddle in the counties of Coweta, Meriwether, Troup, Heard, Campbell and Fayette, three years from the first day of June, 1870, without license: Provided , He does not peddle on spirituous liquors. Relief of B. H. Mitchell. Sec. 2. All laws in conflict herewith are hereby repealed. Approved October 24, 1870.

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(No. 343.) An Act to allow to C. W. Herndon, of the county of Campbell, and all persons who have lost a leg or arm, to peddle without license in this State. Section 1. The General Assembly do enact , That, from and after the passage of this act, C. W. Herndon, of the county of Campbell, and all persons who have lost a leg or arm, be allowed to peddle without license in this State. Relief of C. W. Herndon and others. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 31, 1870. (No. 344.) An Act to declare Malinda Art, [Arze] the reputed wife of Bernardo J. Art, [Arze] his heir at law, and release to her the rights of the public to his property by escheat. Whereas, Bernardo J. Art, [Arze,] a resident of the county of Clarke, died in said county sometime in, having no heirs at law capable of inheriting his estate, the said Art [Arze] being a Mexican by birth; and whereas, said Art, [Arze] during his life, married a colored woman, one Malinda Art, [Arze] then a slave, and lived with her publicly as his wife, said Art [Arze] passing with most persons as a person of color Preamble. Section 1. Be it enacted , That the said Malinda Art, [Arze] a woman of color, be, and is hereby declared, the heir at law of said Bernardo J. Art [Arze,] and the rights of the public by reason of his being an unnaturalized foreigner, or by reason of his dying without lawful heirs, be released to her: Provided , That this act shall not divest any legal rights vested in any person, except the public, in the property of said Art [Arze.] Malinda Art (Arze) heir at law. Proviso. Sec. 2. And be it further enacted , That all laws or parts of laws militating against this act be, and the same are hereby, repealed. Approved October 31, 1870.

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(No. 345.) An Act for the relief of M. G. Collins, James H. Bard and others, sureties on the official bond of Timothy Ford, late Tax Collector Whitfield county. Whereas, A fieri facias has been issued by Madison Bell, Comptroller-General of this State, against Timothy Ford, late Tax Collector of Whitfield county, and against M. G. Collins, James H. Bard, A. N. Senter, T. B. Hancock, Henry Davis, J. A. Glenn, J. H. Lowrey and Thomas R. Henderson, as sureties of said Ford, on his official bond as such Tax Collector, for the sum of two thousand and seventy-three dollars and forty-seven cents, principal, with interest thereon, at the rate of twenty per cent. per annum, from the 20th day of December, 1868; and whereas, said Timothy Ford has become a bankrupt, and his sureties will have to pay the balance due on said fi. fa. Preamble. Section 1. Be it therefore enacted by the General Assembly of this State , That the said sureties of Timothy Ford be, and they are hereby, relieved from any liability to pay the said twenty per cent interest specified in said fi. fa. , and that said fi. fa. be entered as satisfied whenever the balance of the principal due thereon shall be paid, without including any part of the said twenty per cent. per annum specified in said fi. fa. Sureties [Illegible Text] Sec. 2. Repeals conflicting laws. Approved October 24, 1870. (No. 346.) An Act for the relief of Powell Blassingame and Dorothy Blassingame, and to legalize their intermarriage. Whereas, Powell Blassingame and Dorothy Blassingame were ignorantly married without knowing that said intermarriage was prohibited by law [Illegible Text] Section 1. Be it enacted, etc. , That the intermarriage of the said Powell Blassingame and Dorothy Blassingame is hereby legalized. Sec. 2. Be it further enacted, etc. , That said Powell Blassingame and Dorothy Blassingame are hereby released from all pains and penalties incurred on account of said intermarriage. Sec. 3. Repeals conflicting laws. Approved October 27, 1870.

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(No. 347.) An Act to authorize Wm. J. F. Mitchell, of the county of Taylor, to erect a gate on a road on his own land. Section 1. Be it enacted, etc. , That W. J. F. Mitchell, of the county of Taylor, be authorized to erect a gate on the old Calhoun Ferry Road, on his own land in said county, said gate to be kept in good order and condition, and of such dimensions as to admit the easy passing of all ordinary vehicles; and so long as he complies with the conditions above specified, his right to keep up said gate shall remain unimpaired. W. J. F. Mitchell may erect gate. Dimensions Sec. 2. And be it enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 26, 1870. (No. 348.) An Act for the relief of Herschel Dean, an invalid citizen of Georgia. Whereas, Herschel Dean is an indigent invalid, incapacitated from earning a living by manual labor, and is dependent on his own exertions for a support: therefore Preamble. Section 1. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this act, Herschel Dean is authorized to peddle dry goods in the several counties in this State without paying license for the same, still being liable to all State tax on sales as is usual on merchants of this State. H. Dean may peddle. Sec. 2. Repeals conflicting laws. Approved October 24, 1870. (No. 349.) An Act to authorize his Excellency the Governor to draw his warrant on the Treasurer, in favor of W. W. Hindman, for the sum of two hundred and sixty-five dollars and forty-six cents, due him for collecting and paying over the State tax of Campbell county for the year 1867. Section 1. The General Assembly of the State of Georgia do enact , That his Excellency the Governor be, and he is hereby, authorized

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to draw his warrant on the Treasurer, in favor of W. W. Hindman, for the sum of two hundred and sixty-five dollars and forty-six cents, due him as commissions for collecting and paying over the State tax of Campbell county for the year 1867, the same to be paid out of any money in the treasury not otherwise appropriated. Governor's warrant in favor Hind-[Illegible Text] Sec. 2. Repeals conflicting laws. Approved October 25, 1870. (No. 350.) An Act to pay Mrs. F. H. Fyall, widow of the late Hon. F. H. [Illegible Text], deceased, the per diem and mileage of the session of 1870. Section 1. Be it enacted, etc. , That Mrs. F. H. Fyall, widow of the Hon. F. H. Fyall, deceased mamber of this General Assembly, or her legal representatives, be paid the mileage and per diem for this session of the General Assembly, or such mileage and per diem as he would have been entitled to had he lived. Approved October 27, 1870. (No. 351.) An Act for the relief of F. M. Scroggin, Thomas A. Grace, J. L. Calhoun, and the Masonic fraternity of the county of Coweta, of double tax for the year 1868. Section 1. Be it enacted, etc. , That F. M. Scroggin, Thomas A. Grace and J. L. Calhoun, and the Masonic fraternity of the county of Coweta, be relieved of double tax for the year 1868. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict herewith are hereby repealed. Approved October 24, 1870.

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(No. 352.) An Act for the relief of Powell Blassingame and Dorothy Blassingame, and to legalize their intermarriage. Whereas, Powell Blassingame and Dorothy Blassingame were ignorantly married without knowing that such intermarriage was prohibited by law Preamble. Section 1. Be it enacted by the General Assembly of Georgia , That the intermarriage of the said Powell Blassingame and Dorothy Blassingame is hereby legalized, and the children of the said Powell and Dorothy Blassingame are hereby legitimated. Sec. 2. Be it further enacted , That the said Powell and Dorothy Blassingame are hereby relieved from all pains and penalties incurred on account of said intermarriage. Sec. 3. All laws in conflict herewith are hereby repealed. Approved October 26, 1870. (No. 353.) An Act to forfeit the franchises of Nelson Tift, and others, to erect a toll-bridge or ferry at or near Albany, in Dougherty county. Whereas, By acts of previous Legislatures of this State, Nelson Tift and others have had and exercised exclusive bridge and ferry privileges for the last twenty or thirty years on Flint River at Albany, in the county of Dougherty, and for two miles above and below said town of Albany; and whereas, under and by virtue of his several charters, he is prohibited from charging foot passengers for crossing on any bridge he, or he and his associates may build, which he has always done, in violation of his chartered rights; and whereas, he has further violated his chartered rights by charging wagons loaded with agricultural products, going and returning from market, which is a violation of his franchise; and whereas, he has always, and does now charge more for crossing on his said bridge than he is allowed by law to charge, all of which has been and is now oppressive to the people compelled to cross on said bridge, and should not be tolerated: therefore Preamble. Section 1. Be it enacted, etc. , That all former charters, heretofore granted to Nelson Tift and his associates, or any one else, to erect a bridge or ferry at or near Albany on the Flint River, and charge for crossing on the same, be, and the same are hereby, declared forfeited. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Approved October 25, 1870.

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(No. 354.) An Act to enable John J. Dickey, of the county of Henry, to peddle in this State without license. Section 1. Be it enacted, etc. , That, from and after the passage of this act, John J. Dickey, of the county of Henry, be authorized to peddle anywhere in this State without the license usually required by law in such cases. Relief of John J. Dickey. Sec. 2. Repeals conflicting laws. Approved October 24, 1870. (No. 355.) An Act to legalize the marriage of Jesse M. Lamb and Sarah E. Landers, and render the said marriage valid. Section 1. Be it enacted, etc. , That the marriage ceremony performed between Jesse M. Lamb and Sarah E. Landers, both of Newton county, said State, in March last, is hereby rendered legal, to all intents and purposes, as though no disability ever existed between the parties. Marriage legalized. Sec. 2. All laws and parts of laws militating against this act are hereby repealed. Approved October 26, 1870. (No. 356.) An Act to authorize and require the Comptroller-General and Treasurer of the State of Georgia to audit and settle the tax accounts of John A. Bohler, Tax Collector of Richmond county. Whereas, John A. Bohler, Tax Collector of Richmond county, did pay into the treasury, upon his settlement with the Comptroller-General of 1866, the sum of seven hundred and twenty-five dollars and thirty-one cents, an over-payment of the tax due for that year, and is entitled to the same from the State treasury: therefore Preamble. Section 1. Be it enacted, etc. , That the Comptroller-General be, and he is hereby authorized and required to audit and certify to the account of John A. Bohler, Tax Collector of Richmond county,

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and that the Governor be, and he is hereby, authorized and required to draw his warrant on the treasury for the amount so audited and certified to, to be paid out of any money in the treasury not otherwise appropriated. Comptroller's duty. Sec. 2. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 357.) An Act for the relief of J. H. Armstrong, J. W. Bowdoin, Chester Barrett, W. S. Johnson, R. W. Robuck and J. H. Bailey, of the county of Gordon. Whereas, J. H. Armstrong, J. W. Bowdoin, Chester Barrett, W. S. Johnson, R. W. Robuck and J. H. Bailey, have been fined the sum of three hundred and seventy-five dollars, as road commissioners of the county of Gordon; and whereas, the above mentioned parties are poor men and unable to meet the penalty so imposed without reducing their familes to great want, and owing to the fact that they did their full duty as has heretofore been customary for road commissioners, and were fined simply because they did not, in the opinion of the court, comply with what he deemed to be their duty: therefore Preamble. Section 1. Be it enacted, etc. , That the Ordinary of Gordon county be, and he is hereby, instructed to remit such amounts of money as have been paid by either of the partiesJ. H. Armstrong, J. W. Bowdoin, Chester Barrett, W. S. Johnson, R. W. Robuck and J. H. Baileyby drawing his order on the County Treasurer for the same. Ordinary of Gordon remit to certain person. Sec. 2. Be it further enacted , That each of the parties above mentioned, who have not paid any of said mentioned fines, or a portion thereof, be, and they are hereby, relieved from the payment of the same. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 27, 1870.

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(358.) An Act for the relief of Henry L. Tyson, Tax Collector of the county of Schley, and his securities, so far as relates to the Convention Tax. Section 1. The General Assembly of Georgia do enact , That, from and after the passage of this act, Henry L. Tyson, Tax Collector of Schley county, and his securities, be, and they are hereby, relieved from all liability so far as relates to the convention tax. Sec. 2. Repeals conflicting laws. Approved October 10, 1870. (No. 359.) An Act to authorize Nathaniel S. Glover, of the county of Jones, to blast a channel through the waters of the Ocmulgee River, in aid of the water power of his mills in said county, known as the Smith Mills. Section 1. Be it enacted, etc. , That Nathaniel S. Glover, of the county of Jones, and State of Georgia, be, and he is hereby authorized to blast or otherwise make a channel through any rock situated in the Ocmulgee River, at or near his mills in said county, known as Smith's Mills, that may be necessary to promote and aid the water power of said mills: Provided, however , That said blasting and channel shall be confined to the eastern side of said river, and that said blasting and channel shall not extend into the waters of said river more than twenty feet from the eastern bank thereof at low water mark. Authority of N. S. Glover Restriction. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict with this act be, and they are hereby, repealed. Approved October 27, 1870. (No. 360.) An Act for the relief of Jackson Kilpatrick, a maimed and indigent soldier in the county of Towns. Section 1. Be it enacted, etc. , That, from and immediately after the passage of this act, Jackson Kilpatrick, a maimed and indigent soldier of the county of Towns, be, and he is hereby exempt from all public duty, and from paying poll tax in this State. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 26, 1870.

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(No. 361.) An Act to authorize Julia A. McLaren, a femme covert, to execute the will of her former husband, Davis Pace, and to carry out the decree of Dougherty Superior Court, as if she was a femme sole, and to confirm her acts heretofore done, consistent with the same. Whereas, By the last will and testament of Davis Pace, late of Dougherty county, deceased, he vested the title to his entire estate in his wife, Julia A. Pace, now Julia A. McLaren, with instructions to her to execute certain trusts created by said will, for the payment of his debts, and for his and her children, and the said Julia A. having married again, and since that marriage a bill was filed by the said Julia A. in order to hold possession of said property for the purpose of executing said trusts, and upon the consent of the present husband of the said Julia A., as well as the creditors of said estate, a decree was rendered by the Superior Court of Dougherty county, by which the possession of said property was awarded to her, for the purpose of executing said trusts, and under said decree she has been acting; and whereas, there exists some doubt of the ability of the said Julia A., she being a femme covert , to execute said trusts and decree of the court, under the law as it now stands: for remedy whereof Preamble. Section 1. Be it enacted, etc. , That the said Julia A. McLaren have full power and authority to execute the trusts in the said will of Davis Pace, specified, and the decree of said court, in as full and ample a manner as if she was a femme sole , and that all of her acts heretofore done and performed, so far as they were consistent with the said will and decree of the court, be, and they are hereby confirmed. Powers conferred on Julia A. McLaren. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and they are hereby, repealed. Approved October 26, 1870.

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TITLE III. TOWN AND CITY REGULATIONS. No. Act. 362. Farmers' Academy may be sold, etc. 363. Le Vert College may be conveyed, etc. 364. City Court of Macon organized. 365. Present limits of city of Augusta extended. 366. Donation of certain lands to Oak City Hook Ladder Company. 367. Acts of City Council of Darien legalized. 368. City of Albany issue bonds, etc. 369. Exemptions from jury duty. 370. Public schools in city of Atlanta. 371. City Council of Americus may issue bonds. No. Act. 372. Crawfordville Academy may be sold, etc. 373. Appeals in City Court of Augusta abolished. 374. Exemptions from jury duty. 375. City of Marietta may levy tax, etc. 376. Sale of personal property in Atlanta. 377. Police of Atlanta to be uniformed. 378. City of Rome may issue bonds. 379. Voting for Mayor in city of Atlanta. 380. Inspectors, etc., in city of Darien. 381. City of Macon indorse bonds, etc. 382. Exemptions from jury duty. (No. 362.) An Act to authorize the Trustees of Farmers' Academy to sell the same, and to direct disposition of funds. Section 1. Be it enacted, etc. , That the trustees of Farmers' Academy, in the county of Hancock, have authority to sell said academy, and all the lands and other property belonging thereto. Trustees may sell academy. Sec. 2. Be it further enacted , That the proceeds of said sale, after the payment of all debts, be paid over to the Ordinary of said county for educational purposes. Proceedshow applied Sec. 3. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 27, 1870. (No. 363.) An Act to authorize the Trustees of LeVert Female College to convey the same to the South Georgia Conference of the Methodist Episcopal Church, South. Section 1. Be it enacted, etc. , That the board of trustees of LeVert Female College be authorized and empowered to convey by deed the land and buildings of LeVert Female College, in the town of

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Talbotton, together with the apparatus, library and all other personal property belonging or in anywise pertaining to said college, to the South Georgia Conference of the Methodist Episcopal Church, South: Provided , That said Conference shall pay or cause to be paid off the amount of the indebtedness due by the said college to the estate of William Stallings, deceased. Trustees convey certain property. Sec. 2. All laws and parts of laws in conflict with this act are hereby repealed. Approved October 12, 1870. (No. 364.) An Act to create and organize the City Court of the city of Macon; to define the jurisdiction thereof, and for other purposes. Section 1. Be it enacted, etc. , That the City Court of Macon be, and the same is hereby, established and created, to have, hold and possess the jurisdiction, powers and authorities hereinafter provided for, and shall be a court of record in the city of Macon, county of Bibb, and State aforesaid, and shall be known by the name above designated. The said court shall have cognizance of civil cases, except those involving title to real estate where the damages claimed or cause of action shall not exceed the sum of one thousand dollars, exclusive of interestand shall be above the jurisdiction of a Justice Courtand cases of tort where the damages claimed shall not exceed one thousand dollars. The said court shall have criminal jurisdiction of all offenses committed within the jurisdictional limits of the city of Macon, which do not subject offenders to death or confinement in the Penitentiary. City Court of Maconjurisdiction Cognizance. Exceptions. Criminal jurisdiction Sec. 2. And be it further enacted , That the ordinary civil and criminal jurisdictional limits of said court shall embrace the corporate limits of the city of Macon as now are or as shall be hereafter established by law. Jurisdictional limits Sec. 3. And be it further enacted , That the Judge of said court shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold his office for the term of four years, and until his successor is elected and qualified, unless sooner removed by the Governor on the address of two-thirds of both branches of the General Assembly for that purpose. He shall be qualified in the same manner as Judges of the Superior Courts of this State. He shall have an annual salary of two thousand dollars, upon specie basis, which shall not be increased or diminished during his continuance in office, which salary shall be paid in monthly installments out of the treasury of the city of Macon. Judges-how appointed. Term of office. Qualifications. Salaryhow paid.

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Sec. 4. And be it further enacted , That the Solicitor-General of the Macon District shall prosecute for all offenses cognizable before said court, but in his absence the Judge shall have power to appoint a Solicitor-General pro tempore , who shall receive the same fees as are allowed by law to the Solicitor-General in all cases conducted by him. Sol.-Gen. of Macon Circuit shall prosecute. Sec. 5. And be it further enacted , That the Clerk of the Superior Court of Bibb county, and the Sheriff of Bibb county, be, and they are hereby constituted such officers of the City Court of Macon, respectively, and their fees shall be the same as are allowed by law in the Superior Court. Clerk and Sheriff. Sec. 6. And be it further enacted , That the Judge of said court shall have power to issue writs of habeas corpus , and to hear and dispose of the same in all cases arising within the jurisdictional limits of the city of Macon; he shall have jurisdiction of all claim cases when personal property is levied on under execution or other process from said court, and of the foreclosure of all mortgages upon personal property, for an amount within the jurisdiction of said court, and to exercise jurisdiction in all civil cases, proceedings and matters as are conferred by law upon the Judges of the City Courts of Savannah and Augusta. Judge's powers. Jurisdiction Sec. 7. And be it further enacted , That the sessions of said court shall be held on the first Mondays in January, April, July and October of every year, but the Judge of said court may, in his discretion, hold special terms of said court for the trial of criminal cases. Court sessionswhen held. Sec. 8. And be it further enacted , That all suits in said court, except attachment cases, when the amount involved exceeds the sum of one hundred dollars, exclusive of interest, shall be begun and prosecuted in the same manner and the proceedings in all respects shall be the same as in the Superior Courts of this State, and as judgments thereon shall be enforced within less than six months after the term to which said suits are returnable. All suits, when the amount involved does not exceed the sum of one hundred dollars, exclusive of interest, shall be commenced at least fourteen days before the term of said court to which they are returnable, and the process shall be served on the defendant or defendants at least ten days before the session of said court. Suits inhow begun. Sec. 9. And be it further enacted , That all judgments obtained in said court shall be a lien on all property belonging to the defendants throughout the State, but property exempt from levy and sale under the general law of the State shall be exempt from levy and sale under process from said court, and all executions shall be tested in the name of the Judge, issued and signed by the clerk, directed to the Sheriff of the City Court of Macon, and all and singular the Sheriffs of the State of Georgia, may levy on all property of the defendants throughout the State, but the Sheriff of said City Court may levy all such executions on property within any part of the county of Bibb. Judgments obtained in said court.

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Sec. 10. And be it further enacted , That the adjournment of said court shall in all respects conform to the laws relating to adjournments of the Superior Courts of this State. Adjournment of said court. Sec. 11. And be it further enacted , That the Judge of said City Court shall have power and authority to hear and determine all civil causes of which the said court has jurisdiction, and to give judgment and award execution thereon: Provided always , That either party in any cause shall be entitled to a trial by jury, upon entering a demand therefor, in writing, on or before the call of the docket of said court, at the term to which the cause is returnable; and the mode of conducting proceedings in said court, and carrying to trial suits therein, shall be the same as in the Superior Court, except as may be otherwise herein provided. Judge's powers. Trial by jurywhen Sec. 12. And be it further enacted , That whenever, in any case now pending or hereafter brought to said court, the Judge thereof shall from any cause be disqualified from presiding, the parties litigant, or the respective counsel, may select any attorney practicing in said court to preside in such case, and the Judge shall have such consent entered on the minutes; and the attorney so selected shall exercise all the functions of Judge in such case. Judge disqualified. Sec. 13. And be it further enacted , That in all cases, civil and criminal, where a jury is demanded, the respective parties shall be furnished with a list of twelve jurors, and they shall proceed to strike, as heretofore provided in cases of appeal, until the number shall be reduced to seven, and when the striking shall have been completed, the trial shall proceed; and the laws of this State regulating the drawing and summoning of tales jurors shall govern and be in force in said City Court of Macon, so far as the same can be made applicable thereto. Where jury demandedhow to proceed. Sec. 14. And be it further enacted , That the Judge of said court shall be twenty-five years of age, a citizen of the county of Bibb, and shall be a practicing attorney, with his office in the city of Macon. Qualifications of Judge. Sec. 15. And be it further enacted , That all offenses shall be tried before said court upon written accusation founded upon affidavit; said accusation shall distinctly set forth the nature of the offense, the time when committed, and the accusation shall follow this affidavit, and shall be signed by the accuser or Solicitor-General, or the Solicitor-General pro tempore; the accusation shall be indorsed and signed by the accused, or by his or her counsel, as follows, to-wit: Indictment by grand jury waived; if the accused shall fail to sign said indorsement, the court shall proceed to commit or to recognize him or her to appear at the next Superior Court of Bibb county to answer the offense charged. Offenseshow tried. Sec. 16. And be it further enacted , That an act to organize a Criminal Court for each county of this State, approved October 7, 1868, be, and the same is hereby, repealed, so far as it confers jurisdiction to try all offenses therein referred to, upon any of the Justices of the Peace or Notaries Public and ex officio Justices of the Peace residing or exercising jurisdiction in said city of Macon. Justice Peace Criminal Court repealed in said city.

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Sec. 17. And be it further enacted , That whenever any case shall be brought before said court for the purpose of trial, and after the evidence shall have been heard, it shall appear to the court that the accused is guilty of an offense punishable either by death or imprisonment in the Penitentiary, it shall be the duty of the court to bind the party over to the next term of the Superior Court, to be held in the county in which the crime was committed, to answer the charge, and on failure to give the bail required by the court, the accused shall be committed to jail. Act as preliminary courtwhen Sec. 18. And be it further enacted , That the expenses necessary and proper for the organization of said City Court of Macon, and the administration of its jurisdiction, powers, processes, and all other matters pertaining thereto, shall be paid out of any funds in the city treasury, and by such public officers of said city, as are liable to be paid under similar circumstances to the Superior Court of Bibb county. Salary and expenseshow paid. Sec. 19. And be it further enacted , That the jurisdiction, powers and authorities conferred upon the City Court of Savannah be, and the same are hereby, conferred upon the City Court of Macon, except so far as the same may be altered or modified by the provisions of this act. Jurisdiction Savannah courts conferred hereon. Sec. 20. And be it further enacted , That this act shall go into effect from and after its passage, and that all laws or parts of laws militating against the same be, and the same are hereby, repealed. Approved October 26, 1870. (No. 365.) An Act to extend the present limits of the city of Augusta, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia , That the present corporate limits of the city of Augusta be extended to include the territory comprised in the following limits, to-wit: commencing at the intersection of Twiggs and South Boundary streets; thence down the Savannah road, or Twiggs street, extended to its junction with the Turknett Spring road; thence along said last named road to its intersection with the Carnes road; thence along said Carnes road to the present northwest corner of the city of Augusta, formed by the termination of South Boundary street at said Carnes road, thus including the area inclosed by the Savannah road, Turknett Spring road, Carnes road, and South Boundary street. Limits of the city of Augusta extended. Boundaries. Sec. 2. That the streets now bounding the adjacent wards be extended to the Turknett Spring road, and that the territory included between said streets be annexed to the wards they respectively

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bound, and the number of said wards in the city of Augusta shall not be increased, nor shall the boundaries thereof be changed. Number of wards not to be increased Sec. 3. That so much of any act as requires any registry fee, or a longer residence in the city than thirty days, is hereby repealed. Registry fee abolished. Sec. 4. Be it further enacted , That in all elections hereafter to be held in the said city of Augusta, no voter shall be required to procure, show or exhibit any registry ticket as a qualification to vote. Registry tickets not essential as a qualification to vote. Sec. 5. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 366.) An Act to donate certain lands to the Oak City Hook and Ladder Company, No. 1, of the city of Bainbridge, and for other purposes therein mentioned. Section 1. Be it enacted, etc. , That all the lots and fractions of lots of land, in Decatur county, which have not heretofore been granted, sold or otherwise legally disposed of by the State to individuals, are hereby donated and conveyed in trust for the purposes hereinafter set forth, to the Oak City Hook and Ladder Company, No. 1, of the city of Bainbridge, and that the legal title to the lands hereinbefore described is hereby vested absolutely in said Oak City Hook and Ladder Company, No. 1, in trust, for the purposes hereinafter set forth. Lands in Decatur county donated to Oak City Hook Ladder Co. Sec. 2. Be it further enacted , That said Oak City Hook and Ladder Company, No. 1, is hereby authorized and empowered to enter upon and to possess itself of, or to sue for and recover any and all of the lands hereinbefore described. May enter upon such lands. Sec. 3. Be it further enacted , That said Oak City Hook and Ladder Company, No. 1, can only be dispossessed of any of the lands hereinbefore described, upon which it may enter or possess itself of, upon proof by the person or persons claiming or suing that the lands claimed or sued for have been legally disposed of by the State, and by putting in evidence upon the trial of a complete legal and bona fide chain of titles thereto from the State down to the claimant or party plaintiff; and that if said Oak City Hook and Ladder Company, No. 1, shall bring or enter suit against any person or persons for any of the lands hereinbefore described, the person or persons claiming adversely as defendant or defendants shall not only show that the land sued for by said Oak City Hook and Ladder Company, No. 1, have been granted, and that the

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titles thereto have been parted with by the State, but shall also show a full and complete title in himself or themselves; otherwise, said Oak City Hook and Ladder Company, No. 1, without the introduction of any evidence whatever, shall recover. How dispossessed. How may dispossess others. Sec. 4. Be it further enacted , That said Oak City Hook and Ladder Company, No. 1, is hereby authorized and empowered to sell and convey by deed one-half of the lands hereinbefore described, upon which it may enter or possess itself of, or sue for and recover, and to rent or lease the remainder upon such terms as it may deem most advantageous; and that said Oak City Hook and Ladder Company, No. 1, is hereby required to disburse the money which it may receive from the sale, rent or lease of the lands hereinbefore described as follows, to-wit: one-half for the benefit of the Bainbridge Female College, (for whites), and the remainder for the benefit of Whittier school (for colored.) May sell half the lands. Sec. 5. Be it further enacted , That said Oak City Hook and Ladder Company, No. 1, in the execution of the trust herein reposed, shall not make any charge against any fund or money which may be created thereunder, except so far as may be necessary to defray the actual expenses of the execution thereof; and said Oak City Hook and Ladder Company, No. 1, shall keep a true and minute record of its actings and doings in reference to the trust herein reposed, and of its receipts and expenditures on account thereof, a certified copy of which shall be submitted to the grand jury of Decatur county at every Spring term of its Superior Court. Company shall not make certain charges Shall keep minute of proceedings Sec. 6. Be it further enacted , That all the lots and fractions of lots of land hereinbefore described, which said Oak City Hook and Ladder Company, No. 1, may enter upon or possess itself of, or which it may sue for and recover, are relieved from all claim for tax, and are exempt from taxation: Provided , That when said Oak City Hook and Ladder Company, No. 1, disposes by sale of any of said lands, the portion so disposed of shall then be subject to taxation as other lands in this State may be. Lands of company relieved from taxation. Proviso. Sec. 7. Be it further enacted , That all laws and parts of laws in conflict with this act are hereby repealed. This act became law, without Executive approval, by lapse of five days from its receipt by his Excellency the Governor. (No. 367.) An Act to legalize the action of the Mayor and Council of the city of Darien in laying out and surveying the commons of said city into town lots, and for other purposes. Whereas, The Mayor and Council of the city of Darien did, in the year 1868, lay out and survey certain parts of the commons of said city, which were worthless, but, after being laid off into

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town lots, became valuable, and a source of revenue to the city and State; and whereas, under the old law some questions of doubt have arose as to the authority of the said Mayor and Council to convey the same to private parties: for remedy whereof Preamble. Section 1. Be it enacted, etc. , That the action of said Mayor and Council, as taken in the year 1868, in laying out the said commons and conveying the same, be, and the said action is hereby, legalized. Sec. 2. And be it enacted, etc. , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870. (No. 368.) An Act to authorize the county of Dougherty, or the city of Albany, or both, to issue bonds to build a bridge across the Flint River at Albany, Georgia. Section 1. The General Assembly of the State of Georgia do enact , That the city of Albany be, and is hereby, authorized to issue coupon bonds to the amount of ten thousand dollars, payable in ten years, bearing seven per cent. interest, payable annually, to build a bridge at Albany, Georgiano bond to be for a larger amount than five hundred dollars, and none to be for a less amount than one hundred dollars. May issue bonds. When payable. For what purpose. Sec. 2. Be it further enacted , That all the property of the city of Albany shall be liable for the ultimate redemption of said bonds, and the City Council of said city shall have power to levy a tax on all property in said city, at such times as the authorities of said city may think proper, to pay the interest and principal of said bonds. Liability. May levy a tax. Sec. 3. Be it further enacted , That the county of Dougherty shall be, and is hereby, authorized to issue a like amount of bonds that may be issued by the city of Albany, running for ten years, for the purpose of building a bridge at the city of Albanythe interest on which bonds shall be seven per cent. per annum, payable annually, which shall be signed by the Ordinary and countersigned by the Clerk of the Superior Court, running from one hundred to five hundred dollars each; the interest and principal shall be paid by taxation of the property of the citizens of said county. May issue bonds. For what purpose. Interestwhen payable. Sec. 4. Repeals conflictinglaws. Approved October 27, 1870.

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(No. 369.) An Act to exempt members of the Oak City Hook Ladder Company, No. 1, of the city of Bainbridge from jury and militia duty . Section 1. Be it enacted, etc. , That the members of the Oak City Hook Ladder Company, No. 1, of the city of Bainbridge, shall be exempt from jury and militia duty in this State, and that no member of said company shall suffer any pains and penalties for the non-performance of such duty, provided, that there shall not be more than seventy-five members exempt as aforesaid, and that each member shall be a resident of said city of Bainbridge. Exempt from jury duty. Sec. 2. Be it further enacted , That in order to entitle such persons to the benefit of this act, a list of the names of such persons shall be furnished to the Clerk of the Superior Court before a jury is drawn to serve at any given term of said court, so that a sufficient number of jurors may be drawn, who are not exempt from serving. List of persons benefited by this act furnished Clerk Superior Court Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 370.) An Act to empower the Mayor and Council of the city of Atlanta to establish and maintain a system of Public Schools within said city, and for other purposes. Section 1. Be it enacted, etc. , That the Mayor and Council of the city of Atlanta be, and they are hereby, empowered to establish and maintain a system of public schools, which shall be free to all the children within said city. Mayor, etc., of Atlanta may establish public schools. Sec. 2. Be it further enacted , That the said Mayor and Council shall have power to impose and collect the requisite taxes, and to issue and negotiate the requisite bonds, or otherwise engage the credit, and apply the resources of the city, to raise revenue for the establishment and maintainance of said system of public schools. May impose requisite tax for this purpose. Sec. 3. Be it further enacted , That the Mayor and Council shall, by ordinance or otherwise, in their discretion, provide for appropriate agencies to regulate, supervise and carry on said system of schools, and render the same efficient. Authorities may provide agencies. Sec. 4. Be it further enacted , That the bonds issued by the city shall not exceed one hundred thousand dollars for said purpose, and the said city shall be bound for the redemption of such bonds as may be issued under this act, as it now is, and shall be bound

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for all bonds or obligations heretofore issued by the Mayor and Council, or by their authority, and they shall assess such tax annually as shall be necessary to pay all interest due upon the bonded debt of the said city, and to pay the bonds when the principal is due. Amount of bonds to be issued. Redemption Annual tax. Sec. 5. Be it further enacted , That all laws and parts of laws militating against the same are hereby repealed. Approved September 30, 1870. (No. 371.) An Act to authorize the Mayor and City Council of Americus to issue bonds to aid in building railroads, and for other purposes therein named. Section 1. Be it enacted, etc. , That the Mayor and Aldermen of the city of Americus, or a majority of them, are hereby authorized to issue bonds of the city, to the amount of fifty thousand dollars, bearing seven per cent. interest, and redeemable within ten years from the date of their issue, said bonds to be signed by the Mayor and countersigned by the Clerk and Treasurer of the corporation, and based upon the faith and credit of the city, which is hereby pledged for their redemption: Provided , That the consent of a majority of the legal voters of the city of Americus be first obtained, in such manner and at such time as the said Mayor and City Council shall prescribe: Provided , That no election for that purpose can be ordered by said Mayor and City Council without giving ten days' notice of the same in the city papers. Authorities to issue bondsam't How signed Proviso. Sec. 2. The Mayor and Aldermen of the city of Americus, or a majority of them, are hereby authorized to invest the bonds issued under, and in accordance with the provision of this act, or the proceeds of the whole thereof, in the stock of any railroad company radiating from said city, they deem expedient. Bondshow invested. Sec. 3. The Mayor and City Council are authorized and required, in the event said bonds are issued, to levy a special tax for the redemption of the same, as this falls due. Redemption. Sec. 4. That the Mayor and City Council, or a majority of them, are hereby authorized to issue bonds of the city to the amount of twenty thousand dollars, bearing seven per cent. interest, and redeemable in ten years from the date of their issuesaid bonds to be signed by the Mayor, and countersigned by the Clerk and Treasurer of said city, and based upon the faith and credit of said city, which is hereby pledged for their redemption. City bondsamount. Redeemable How signed Sec. 5. The Mayor and Aldermen of the city of Americus, or a majority of them, are hereby authorized to sell and apply the proceeds of the bonds, authorized by the fourth section of this

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act, to the payment of the indebtedness of said city, and the remainder to the constructing of an engine-house, sewers and other public works in the city limits, as said Mayor and City Council may direct. Proceedshow applied Sec. 6. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 372.) An Act to authorize the Trustees of Crawfordville Academy to sell the land and building thereon, known as Crawfordville Academy. Section 1. Be it enacted, etc. , That the trustees of Crawfordville Academy be, and they are hereby, authorized to sell at public outcry, after thirty days' notice, the lands belonging to said Crawfordville Academy, in the village of Crawfordville, Taliaferro county, with the buildings thereonsaid sale to take place at the court-house door at Crawfordville, within the legal hours of sale, after being advertised in the Augusta Chronicle Sentinel, and the proceeds thereof shall be appropriated to the erection of an academy, or applied to county purposes, as the judgment of said trustees may direct. May sell certain property. Advertised. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 373.) An Act to abolish appeals in the City Court of Augusta, and for other purposes. Section 1. Be it enacted, etc. , That, from and after the passage of this act, there shall be no appeal from one jury in the City Court of Augusta to another jury of said court; but the court may grant new trials on legal grounds. No appeal. Sec. 2. Be it enacted by the authority aforesaid , That said court shall render judgment, without the verdict of a jury, in all civil cases founded on contract, where an issuable defense is not filed on oath. Court give judgment. Sec. 3. Repeals conflicting laws. Approved October 12, 1870.

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(No. 374.) An Act to exempt from jury duty members of the Hook Ladder Company, and also members of the Mountain City Fire Company, of the city of Rome, in the State of Georgia. Section 1. Be it enacted, etc. , That, from and after the passage of this act, no active member of the Hook Ladder Company of the city of Rome, and no active member of the Mountain City Fire Company of the city of Rome, shall be required to do or perform any jury duty in this State, nor shall any such member of said companies suffer any pain or penalty for the non-performance of such duty, so long as he shall remain an active member of the same: Provided , That there shall not be more than fifty members in each of said companies exempt from jury duty: Provided further , That the chief of each of said companies shall furnish the Clerk of the Superior Court of Floyd Court, semi-annually, a list of the members exempted: And provided further , That on the failure of any one hereby exempted to perform, in good faith, his duties as a fireman, his name shall be stricken from the list and returned to the proper authorities for jury duty. Exemption from jury duty. Sec. 2. Be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved October 24, 1870. (No. 375.) An Act to enable the Mayor and City Council of the city of Marietta to levy a tax within the city limits for the benefit of Marietta Female College. Section 1. The General Assembly of the State of Georgia do enact , That full power and authority is hereby given to the Mayor and City Council of the city of Marietta, to levy and collect, by taxation, in such sums and manner as they may deem proper, a sufficient amount of money, to be placed in the hands of the treasurer of the board of trustees of the Marietta Female College, to pay for a college building, with suitable furniture and apparatus, for the use of said Marietta Female College. Authorities may levy tax How to be applied. Sec. 2. And be it further enacted , That the power conferred upon the Mayor and City Council, in the first section of this act, shall not be exercised till a majority of the qualified voters of the said city of Marietta shall, at an election held for that purpose, or at any general election of said city authorities, vote for the levying of the said tax. Votors shall first determine upon. Approved August 31, 1870.

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(No. 376.) An Act to authorize the sale of personal property at any place within the corporate limits of the city of Atlanta. Section 1. Be it enacted, etc. , That whenever personal property, that has been levied upon in the county of Fulton, is of a character to render its removal to the court-house of more than ordinary expense or inconvenience, the same may be sold at any place within the corporate limits of said city, at public outcry, within the hours now provided by law, and after having given the notice required by law: Provided , The owner thereof gives his consent. Personal property sold anywhere Atlanta, under certain circumstances. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 25, 1870. (No. 377.) An Act to require the Mayor and Council of the city of Atlanta to cause the entire police force of Atlanta to be so uniformed as to be readily recognized by the public as peace officers. Section 1. It is enacted, etc. , That the Mayor and Council of the city of Atlanta shall cause the entire police force of the city of Atlanta to be so uniformed as to be readily recognized by the public as peace officers. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870. (No. 378.) An Act to authorize the Mayor and Council of the city of Rome to issue bonds and borrow money for purposes therein specified. Section 1. Be it enacted, etc. , That the Mayor and Council of the city of Rome may, in their corporate name, negotiate for the loan of, and borrow the sum of not exceeding one hundred thousand dollars, to be used by the said corporate authorities in bonding their present debt, and in building and establishing water-works in said city, or near thereto, for the use and benefit and advantage of said city, and for the further purpose of grading and macadamizing

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Broad street in said city, and building bridges over the rivers which bound said city, or purchasing those already built, and for making such other permanent and useful improvements as the said corporate authorities may deem to be for the general good, and for the health and prosperity of said city. Authorities may borrow money. Sec. 2. Be it further enacted , That the said Mayor and Council shall have authority to issue the bonds of said city to the lender of said money, payable in not less than five nor more than twenty years, bearing interest at seven per centum , payable semi-annually, and shall have authority to levy and collect, in addition to their present general tax, an annual tax which shall be sufficient to meet the interest on said bonds as it falls due, and provide a sinking fund which shall finally extinguish and discharge the principal; and all the property of said city, real and personal, shall be subject to taxation pro rata for the payment of said interest and redemption of said bonds: Provided , Said annual tax shall not exceed one-half of one per cent. per annum: Provided further , That the bonds of said city shall in no case be sold for less than ninety cents in the dollar: And provided further , That before said bonds shall be issued for public improvements, such as erecting water-works, or building or purchasing bridges, such questions shall first be submitted to and receive the sanction of a majority of the qualified voters of said city. May issue bonds. Interesthow paid. Taxation. Proviso. Approved September 28, 1870. (No. 379.) An Act to make it lawful for legal voters of the city of Atlanta to vote for Mayor in any one of the wards in the city, provided no person shall vote but one time at the same election, and to prevent any person from voting for Councilmen for any other ward than the one in which he actually resides at the time of voting . Section 1. Be it enacted, etc. , That it shall be lawful, from and after the passage of this act, for the legal voters of the city of Atlanta to vote for Mayor in any one of the wards in the city, provided no person shall vote but one time at the same election, and that no person shall hereafter vote for Councilmen for any other ward than the one in which he actually resides at the time of voting. May vote for Mayorwhere. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 25, 1870.

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(No. 380.) An Act to require the corporate authorities of the city of Darien to appoint as many inspectors and measurers of lumber and timber as may make application for said appointment, upon giving the usual bond, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, the corporate authorities of the city of Darien be, and they are hereby, required to appoint and commission as many inspectors and measurers of lumber and timber for the port of Darien as may make application for said appointment, and give the usual bond. Duty of corporate authorities. Sec. 2. And be it further enacted , That said corporate authorities of the city of Darien shall establish rules and regulations for said inspectors and measurers of lumber and timber, and divide the business, as equally as circumstances will permit, between the several inspectors and measurers. Shall establish rules and divide the work. Sec. 3. Be it further enacted , That all laws and parts of laws militating or conflicting with this act be, and they are hereby, repealed. Approved October 27, 1870. (No. 381.) An Act to authorize the city of Macon to guarantee or indorse the bonds of the Macon Canal and Manufacturing Company. Section 1. The General Assembly of the State of Georgia do hereby enact , That the corporate authorities of the city of Macon are hereby empowered to guarantee or indorse the bonds of the Macon Canal and Manufacturing Company, as the same may be issued, to an amount not exceeding five hundred thousand dollars, and the holders of said bonds so indorsed shall have the first or prior lien on all the property of said company for their security; but such bonds are not to be issued until the company commences the erection of the water-works between the Ocmulgee River and the city of Macon: Provided , That nothing in this act contained shall be so construed as to authorize the indorsement of said bonds until after a majority of the qualified voters of the city of Macon, voting at an election held for that purpose, shall have voted in favor of the same. May guarantee bonds of Macon Canal. Amount. Lien of holder of bonds. When issued. Proviso. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved October 27, 1870.

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(No. 382.) An Act to exempt certain members of West Point Fire Company, of the city of West Point, in the county of Troup, from jury duty . Section 1. Be it enacted, etc. , That, from and after the passage of this act, no member of the West Point Fire Company shall be required to do or perform any jury duty in this State, nor shall any member of said company suffer any pain or penalty for the non-performance of such duty, so long as he shall remain a member of the same: Provided , That there shall not be more than fifty members exempt from said duty, whose names shall be designated by the fireman, and furnished to the Clerk of the Superior Court of Troup county. Certain members West Point Fire Company relieved. Proviso. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 27, 1870.

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RESOLUTIONS.

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RESOLUTIONS. Number. 1. Ratifying Fourteenth Amendment to Constitution of United States. 2. Ratifying Fifteenth Amendment to Constitution of United States. 3. Declaring assent of State of Georgia to conditions of admission. 4. Construction of Resolution continuing Appropriation Act until July 1st, 1870. 5. Appropriation Act of 1869 continued. 6. Proposition of City Council and Messrs. Kimball as to Capitol Building accepted. 7. Votes in election held by the Atlantic Gulf Railroad. 8. Use of certain room to American Bible Society. 9. Governor's warrant in favor of certain employees of General Assembly. 10. Stay of old debts. 11. Section 181 of Code to be rigidly adhered to. 12. Superintendent Public Worksno salary. 13. Amount of Printing Fund, etc. 14. Advance to members, etc., General Assembly. 15. Advance to members, etc., General Assembly. 16. Treasurer to pay members, etc., General Assembly. 17. Comptroller confer with Mr. Kimball, etc. Number. 18. Comptroller to investigate certain charges, etc. 19. Continuation of Stay Law. 20. Governor's message as to recovered bonds, etc. 21. Reference of all wild land bills. 22. Reference of Mitchel claims. 23. Advance to State Printer. 24. Levies and sales prohibited. 25. Pamphlet of Public Laws, etc. 26. Construction of Resolution relative to bill to loan credit of State to Cartersville Van Wert Railroad Company. 27. Death of General Robert E. Lee. 28. President Grant invited to State Fair. 29. Conley's Analyzed Constitution. 30. Purchase of James' building. 31. Revision of Irwin's Code. 32. Congress memorialized as to political disabilities. 33. Secretary of State to have certain work done in his office, etc. 34. Payment of representatives of Joseph Adkins, etc. 35. State aid bills to be retained by officers of General Assembly. 36. Clerk in wild land department. 37. Governor requested to adjourn the House, etc. 38. Repairs of State Library. 39. Certain acts of Comptroller-General legalized. (No. 1.) Whereas, At the session of the Thirty-ninth Congress it was resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, that the following article shall be proposed to the Legislatures of the several States as an amendment to the

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Constitution of the United States, which amendment, when it shall have been ratified by three-fourths of the said Legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution, namely ARTICLE FOURTEEN. Section 1. All persons born, or naturalized, in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among the several States, according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed; but, when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridge, except for participation in rebellion, or other crime, the basis of representation therein shall be rendered in the proportion which the number of such male citizens shall bear to the whole number of male citizens, twenty-one years of age in such State. Sec. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof; but may, by a vote of two-thirds of each House, remove such disability. Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned; but neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave, but all such debts, obligations and claims shall be held illegal and void. Sec. 5. The Congress shall have power to enforce by appropriate legislation the provisions of this article. Therefore be it resolved, (if the Senate concur,) That the said proposed amendment to the Constitution be, and the same is hereby, ratified by the Legislature of the State of Georgia. Approved February 2, 1870.

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(No. 2.) Whereas, At the session of the Fortieth Congress it was resolved by the Senate and House of Representatives of the United State of America in Congress assembled, two-thirds of both Houses concurring, that the following article shall be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which amendment, when it shall have been ratified by three-fourths of the said Legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution, namely ARTICLE FIFTEEN. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color or previous condition of servitude. 2. The Congress shall have power to enforce this article by appropriate legislation: therefore Resolved, (if the Senate concur,) That the said proposed amendment to the Constitution be, and the same is hereby, ratified by the Legislature of the State of Georgia. Approved February 2, 1870. (No. 3.) Whereas, The Congress of the United States, by the act of June the 25th, 1868, proposing to admit the State of Georgia to representation in Congress as a State of the United States, imposes as one of the conditions upon which the same shall take effect, that the first and third subdivisions of section seventeen of the fifth article of the Constitution of the State of Georgiaexcept the proviso to the first subdivisionshall be null and void; and that the General Assembly shall, by solemn act, declare the assent of the State to the said condition: it is therefore Resolved, (if the Senate concur,) That the General Assembly of the State of Georgia does hereby declare the assent of the State of Georgia to the said condition. Approved February 2, 1870.

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(No. 4.) Resolved by the General Assembly , That the true intent and meaning of the resolution of this General Assembly, adopted at this session, in the following words, that the appropriation act of 1869 be, and it is hereby, continued in full force and effect for the first two quarters of this year, viz., until July 1, 1870, is only to continue the annual appropriation of said act for the first two quarters of the present year for the support of the several departments of the State Government, and the State institutions for the Blind, Deaf and Dumb, and the Lunatic Asylum, and shall not be so construed as to continue or renew the special appropriations in said act of 1869, or to make like special appropriations: Provided , That nothing in the foregoing resolution shall be so construed as to mean to apply to the payment of the Home and Foreign Commissioners to induce emigration to this State. Construction of resolution continuing appropriation act till July 1, 1870. Proviso. Approved May 4, 1870. (No. 5.) Whereas, The resolution adopted April 30, 1870, continuing the appropriation act in force for the first two quarters of the year, expired on the 1st day of July, instant; and whereas, it is necessary that appropriations should be made Preamble. Be it resolved , That the appropriation act of 1869 be, and it is hereby, continued in full force and effect until otherwise ordered by the General Assembly. Appropriation act of 1869 continued. Approved July 14, 1870. (No. 6.) 1. Resolved , That the proposition of the city of Atlanta to donate the bonds of the city to the amount of one hundred and thirty thousand dollars, any ten acres of unoccupied land within the corporate limits of the city, and to furnish, free of cost to the State, a mansion suitable for the use of his Excellency the Governor, for the term of ten years, in lieu of her present contract with the State, to furnish a capitol building for the term of ten years, be and is hereby accepted. Proposition of City Council as to capitol building accepted. 2. Resolved , That the proposition of the Messrs. Kimball for the sale to the State of the capitol building and the fixtures, furniture, etc., be, and is hereby accepted.

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3. Resolved , That a committee of one from the Senate and one from the House of Representatives be appointed to examine into the titles, and arrange all the details, upon the basis of the propositions of the Messrs. Kimball and the City Council; and on the application of said committee, the Governor be, and he is hereby, authorized to issue to the Messrs. Kimball seven per cent. bonds of the State, having twenty years to run, reserving in his possession a sufficient amount of said bonds to secure the return to the State of the $54,500 paid by his Excellency the Governor to the Messrs. Kimball; and it shall be the duty of said committee to see the said amount of $54,500 is returned to the State. Committee of arrangement. Approved October 25, 1870. (No. 7.) Resolved , That David B. Harrell, Roland B. Hall, Foster Blodgett, J. W. O'Neal and Benjamin F. Bruton are hereby authorized and empowered to cast such vote in all elections held by the Atlantic Gulf Railroad Company as the State of Georgia may be entitled to by reason of her stock held in said company; and said commissioners, hereby appointed, are required to make annual statements, to the General Assembly, of the condition of the State's interest in the above named railroad. Certain persons authorized to cast votes for State of Georgia in elections by Atlantic Gulf R. R. Annual statements. Resolved further , That all resolutions in conflict with this are hereby rescinded. Approved October 27, 1870. (No. 8.) Resolved , That his Excellency the Governor be authorized to allow to the American Bible Society the use of any room in the capitol building, not otherwise appropriated, that he may deem proper, free of charge, and for such length of time as he may see proper. Governor to allow A. B. S. use of room in capitol building Approved October 27, 1870.

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(No. 9.) Resolved , That the Governor be requested to draw his warrant on the treasury in favor of the officers, clerks, door-keeper, messenger, and the employees of the respective Houses, for such sums of money as may be due to each, upon certificate of the Secretary of the Senate and Clerk of the House of Representatives, and that such amount be charged in final settlement. Governor's warrant in favor of certain employees of General Assembly. Approved February 18, 1870. (No. 10.) Resolved , That all the proceedings in the several courts of this State, founded on any debt or contract made or entered into before the first of June, 1865, and all levies and sales by virtue of any execution so founded, shall be, and are hereby, stayed until twenty days after the recess taken by this General Assembly shall have expired. Proceedings founded on old debts stayed. Resolved , That the General Assembly, in compliance with the just demands of the people, earnestly appeal to Major-General A. H. Terry to sanction and enforce the above resolution after its approval by the Provisional Governor. Appeal to Major-Gen'l Terry to enforce. Approved February 18, 1870. (No. 11.) Resolved , That in the future the President of the Senate, Speaker of the House of Representatives, and the Auditing Committees of the Senate and House of Representatives, adhere strictly and rigidly to the 181st section of the Code, which says that the compensation due to the officers and members of the General Assembly must be certified by the President and Speaker, respectively upon the report of the Auditing Committee to the Treasurer, who afterwards shall pay each member who presents his account duly audited. President Senate and Speaker of House to rigidly adhere to section 181 of Code. Resolved further , That said committees are requested not to audit the account of any officer, clerk or employee of either branch of the General Assembly, who has not been authorized by resolution of their respective Houses, or been elected or appointed in accordance with the Constitution of this State, or the Code of Georgia, and that the Treasurer is requested not to pay one cent to members, officers or employees of either branch of the Legislature that does not conform strictly with these resolutions. Amounts due members and officers General Assemblyhow certified to. Approved May 4, 1870.

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(No. 12.) Resolved , That the Governor pay no salary from date for a Superintendent of Public Works, or clerks for the same office. Approved May 5, 1870. (No. 13.) Resolved , That the amount appropriated as a Printing Fund, for the last six months of the present year, be the same as that expended for the first six months, and that the Governor issue, and the Comptroller-General approve, Executive warrants, in the settlement of accounts to that amount, until otherwise ordered by the regular appropriation act. Amount of Printing Fund. Approved May 5, 1870. (No. 14.) Resolved , That the Treasurer be authorized to advance to each member and officer of the General Assembly the sum of two hundred dollars on their per diem, out of any money now in the treasury. Advance to members. Approved July 16, 1870. (No. 15.) Resolved , That the Treasurer be requested to pay to each member and officer of this General Assembly the sum of one hundred dollars. Approved August 30, 1870. (No. 16.) Resolved , That the Treasurer be, and he is hereby, instructed to pay to each member and officer of the General Assembly one hundred dollars. $100 to members of General Assembly. Approved October 20, 1870.

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(No. 17.) Resolved , That a joint committee of four from the Senate and seven from the House of Representatives be appointed, as recommended by his Excellency the Governor, to take into consideration the propositions of the City Council of Atlanta, and to confer with H. I. Kimball in regard to his unsettled claim against the State, and the terms upon which said propositions could be carried into effect. Committee to confer with Mr. Kimball. Approved July 28, 1870. (No. 18.) Resolved , That a joint committee, consisting of three from the Senate and five from the House, be appointed to take into consideration that portion of the Governor's message relating to charges which have been circulated in relation to the use or misapplication of the public funds; and that said committee be authorized to send for persons and papers. Committee to investigate certain charges. Approved May 4, 1870. (No. 19.) Whereas, By a joint resolution of the General Assembly, the courts of the State were deprived of considering any case in which a contract was entered into prior to June, 1865, and all executive officers were prevented from levying and selling, by virtue of any execution founded upon any such contract, until twenty days after the assembling of this General Assembly: be it therefore Preamble. Resolved , That said resolution be continued in full force until the General Assembly have acted upon the subject of relief by bill or otherwise: Provided , That the provisions of this resolution shall cease at the expiration of twenty days; and for the purpose of having an immediate settlement of this question, that a special committee of five from the Senate and ten from the House be appointed to report a bill upon this subject at the earliest day practicable. Certain relief measure continueduntil when Approved August 10, 1870.

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(No. 20.) Whereas, His Excellency the Governor has communicated to this General Assembly a message, in which he informs this body that certain bonds belonging to the School Fund have been discovered; and whereas, in that message the Governor has recommended that a committee be appointed to examine and ascertain the value of these bonds, and give instructions as to what disposal shall be made of them: therefore Preamble. Resolved , That a committee of three from the House and two from the Senate be at once appointed, to take into consideration the recommendation contained in the message of his Excellency the Governor, in relation to the recovered bonds, and report the result of their investigation to the General Assembly immediately. Committee to consider Governor's message as to recovered bonds. Approved August 27, 1870. (No. 21.) Resolved , That a joint committee of the House and Senate be appointed, consisting of five from the House and three from the Senate, to whom all bills in relation to the wild lands of the State shall be referred, and it shall be made the duty of said committee to report the bill within four days from their appointment. Reference of all wild land bills. Approved September 16, 1870. (No. 22.) Resolved , That a committee of five from the House and three from the Senate be appointed, to whom shall be referred the message of his Excellency the Governor relating to the Mitchell claim. Reference of Mitchell claim. Approved October 14, 1870. (No. 23.) Resolved , That his Excellency the Governor be, and he is hereby authorized to draw his warrant upon the Treasurer for five thousand dollars as advance to the State Printer. Advance to State Printer. Approved August 15, 1870.

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(No. 24.) Resolved , That all Sheriffs, Constables and other ministerial officers of this State, are hereby prohibited from making any levies or sales, under fi. fas. founded upon contracts entered into prior to June 1, 1865, until the adjournment of this session of the General Assembly. Levies and sales prohibited. Approved September 20, 1870. (No. 25.) Resolved , That his Excellency the Governor be, and he is hereby, authorized and requested to purchase, and cause to be furnished every member of the Legislature, and all civil officers of the State, with a copy of a pamphlet to be published by Augustus Flesh, within a few days after the adjournment of this session, and to contain all the public laws and resolutions passed at the present session, with a copious index, and such head and side notes as are necessary for reference; also, an appendix containing the Government of Georgia, a list of the members of the Legislature, Judges of the Supreme and Superior Courts, Solicitors-General, etc.; and that the Governor be, and he is hereby, authorized to pay for the same out of any money in the treasury not otherwise appropriated: Provided , That each copy does not cost exceeding fifty cents. Governor to furnish Mr. Flesh's pamphlet to certain officers. Compensation. Approved September 23, 1870. (No. 26.) Resolved , That a resolution, approved March 12, 1869, by which it was declared 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 is hereby restricted in the indorsement of the credit of the State to that portion only, be, and the same is hereby, rescinded. Construction of resolution declaring true intent of bill to loan credit of State to C. V. R. R. Company. Approved October 5, 1870.

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(No. 27.) Robert E. Lee is dead. The brightest of virtue's stars has fallen; the noblest of patriotism's exemplars is gone; the peerless hero and the guileless Christian sleeps with Washington; the Union has lost her most gifted pupil and soldier; the South her most loved son and peerless chief; mourning darkens the whole land, and the heart of the South is in tears; such a death, so great a loss, and so overwhelming a sorrow, stay the hand of labor, and suspend the contests of the day: therefore Preamble. Resolved , That the General Assembly will attend the citizens' meeting of the city of Atlanta, to be held on Saturday morning next, to give expression to the feeling of sorrow which fills the public heart. General Assembly will attend citizens' meeting. 2. Resolved , That a committee of two from the Senate and three from the House be appointed to confer with the committee of arrangements of said citizens' meeting as to the participation of this General Assembly in the same. Committee of arrangements. 3. Resolved , That the Senate and House adjourn to-morrow, each House to adjourn to Monday morning. Adjournment of Senate. Approved October 14, 1870. (No. 28.) Whereas, The industrial and producing interests of the State of Georgia have united in a great and commendable effort to concentrate the powers of her determined population upon a plan by which those vital functions of internal growth may be fostered, advanced and elevated for the good of all, by assembling her living masses, with their varied productions, at a grand State fair, to begin on the 19th instant, at the growing capital of Georgia; whereas, these agricultural, industrial and mechanical interests form the substratum, the safe foundation upon which all our hopes of steady progress, enduring prosperity and substantial greatness must rest; whereas, these important and almost numberless pursuits of human life, so essential to the comfort of our race, and to the lasting renown of our age and country, must be encouraged and made honorable by the active and obvious approval, and the most unmistakable sanction of those who hold the highest positions our country can confer upon her most favored sons, those who occupy the highest places on the roll of fame to which the virtuous ambition of our time can aspire; whereas, the presence of the Chief Magistrate of our vast republic at the Georgia State Fair, to be held at Oglethorpe Park, in the city of Atlanta, on the 19th instant, would be such an approval of the enterprise of our

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working people, such an open and honorable sanction of the efforts of the useful and substantial members of society, to raise Georgia to her proper position in the scale of human greatness as would render new and powerful assistance to this noble movement, and encourage Georgia to become, what she can and ought to be, the greatest and happiest commonwealth on earth; and whereas, it is highly proper and absolutely necessary that the General Assembly use all honorable and proper efforts to enhance the interests of such occasions as the Georgia State Fair, and to give substantial aid to this most laudable enterprise: therefore Preamble. 1. Resolved , That the General Assembly of the State of Georgia do most respectfully and most cordially invite his Excellency U. S. Grant, President of the United States, to attend the Georgia State Fair, to be held at Oglethorpe Park, in the city of Atlanta, on the 19th day of October, 1870, and that the hospitality of the State of Georgia be tendered to him and his attendants during his sojourn with us on that occasion. Invitation to President Grant to attend fair. 2. That a committee of three from the House of Representative and two from the Senate shall be appointed to provide for the proper entertainment of the President and his suite during his visit, and to meet him at the border of our State to receive and escort him to his quarters in the city of Atlanta. Committee of entertainment. 3. That upon the passage and approval of these resolutions, the Governor of the State be, and he is hereby, requested to transmit a copy of the same to the President, and, as the executive officer of the State, tender the invitation herein given, and, in behalf of the representatives of the people, earnestly invite its acceptance. Governor to transmit to President a copy. Approved October 14, 1870. (No. 29.) Resolved , That the Governor be, and he is hereby, authorized to purchase, for the use of the civil officers of the State, such number of copies of Conley's Analyzed Constitution of Georgia as in his judgment will supply the necessities of said officers. Conley's Analyzed Constituti'n furnished all civil officers. Approved October 18, 1870. (No. 30.) Whereas, The present temporary residence of his Excellency the Governor is not suited for an Executive Mansion, nor becoming the dignity of Georgia: therefore Preamble.

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Resolved , That his Excellency the Governor be, and he is hereby, authorized to receive from John H James, of the city of Atlanta, a complete warrantee title to the State of Georgia, for a city lot, improvements, appurtenances and hereditaments thereto appertaining, on which said James resides, including that portion of the lot in the rear of the residence, as well as all the household and kitchen furniture, and all other articles and implements, etc., connected with the premises, and the free use of the water-works, some distance in the rear, until the City Water-works are establishedsaid premises to be owned and used by the State as an Executive Mansion. Governor to purchase James' building for Governor's mansion. 2. Resolved , That as soon as said James shall have complied fully with the foregoing provisions, and put his Excellency in full possession of all said property, then his Excellency the Governor be, and he is hereby, authorized to pay said James therefor the sum of one hundred thousand dollars in seven per cent. State bonds, having twenty years to run; and also, to transfer to said James the claim of the State upon the city of Atlanta, under the contract of said city to furnish an Executive Mansion: Provided , That this shall in no way deprive the State of any of the land promised the State by said city. Paymentamount. Approved October 27, 1870. (No. 31.) Resolved , That his Excellency the Governor be, and he is hereby, directed to appoint a board of three competent lawyers to revise Irwin's Code, and to extract therefrom all extraneous matter or laws in conflict with the Constitution of the State, and that said board shall receive such compensation as some future Legislature may determine. Board to revise Irwin's Code. Duty and compensation. Approved October 27, 1870. (No. 32.) Whereas, The States recently in rebellion against the Government of the United States have each resumed their position as co-equal States; and whereas, the union and perpetuation of the States, under one common government, is an object much desired; and whereas, it is the avowed purpose and will of the Government of the United States that the citizens thereof shall have and

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enjoy equal civil and political rights, without regard to race, color, previous condition of servitude, or connection with the late rebellion; and whereas, we recognize in the principle of political equality the true basis of republican government; and whereas, this grand principle is violated just in proportion as any number of citizens are proscribed by law, and denied the privilege of choosing or being chosen to fill any official position in the gift of the government; and whereas, we feel assured that a government which exacts obedience to law, the payment of tax and the bearing of arms ought, in return, not only afford protection to person and to property, but should secure, without distinction, equal political privileges to all; and whereas, we believe that the time has arrived when each and every citizen of the United States can and should be trusted with the exercise of those privileges; and whereas, we believe that a full restoration to equal privileges, without exception, would at once make this government one and indivisible, in the most full sense, and bring to its support the patriotic affection of the whole people: therefore be it Preamble. Resolved , That the General Assembly of Georgia do most respectfully request the Congress of the United States to relieve each and every citizen of this State of all political disabilities, and that a copy of this be forwarded to the President of the United States, the President of the Senate and the Speaker of the House of Representatives of the same, with the request that it shall be laid before Congress at its next session. Requesting Congress to relieve all persons of political disabilities. Approved October 18, 1870. (No. 33.) Resolved , That the Secretary of State be authorized to have the books in his office revised, and an index prepared of the grants to lots drawn and granted under the several acts authorizing the land and gold lotteriessuch index to be made in such manner and form as will serve for more convenient reference to the grants of said lots, and particularly with a view of ascertaining what lots, fractions or reserves there may be, of which the title still remains in the State. Secretary of State to have certain work done. Resolved , That with a view of quieting titles and encouraging settlement, the Secretary of State be authorized to prepare a digest of all laws in reference to grants, reserves and appropriations of land, from the date of the act passed for the opening of the land office to the present time, comprising all laws relative to headrights, and those authorizing the various lotteries. To digest all laws in relation to grants. Resolved , That whereas, many books in the Surveyor-General and Secretary of State's offices have become much injured by lapse

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of time and frequent use, the Secretary of State be authorized to have such books bound and repaired in a substantial manner. Resolved , That the Secretary of State be authorized to employ such additional assistance as may be necessary for the prescribed work, and that the Governor be authorized to draw his warrant on the treasury for such sums as may be requisite for an economical prosecution of the work. May have books repaired. Employ assistance. Approved October 18, 1870. (No. 34.) Resolved , That the Treasurer is hereby instructed to pay to the legal representatives of the late Senator Joseph Adkins, from the Nineteenth District, such per diem and mileage as said Senator would have received had he remained in life up to the close of the present session. Treasurer to pay legal representatives of Joseph Adkins. Approved October 18, 1870. (No. 35.) Resolved , That each an every bill in which State aid is granted be retained by the President of the Senate and the Speaker of the House, respectively, until each and every such bill is acted upon, so that they may all go to the Governor at once. State aid bills to be retained by officers of General Assembly. Approved October 17, 1870. (No. 36.) Resolved , That the wild land clerk in the Comptroller-General's office be, and he is hereby, required, in making out lists of unreturned wild lands in this State, to take down and properly enter the names of every party, and their respective post-office, that return wild lands in the various lotteries of this State; it shall be his duty to make a book or checks of each original land district, with their respective numbers, in which the names shall be registered; said books or checks shall embrace the years 1868, 1869 and 1870; when completed, said work shall be turned over to the Comptroller-General's office, and kept as a book of reference for the convenience of the citizens of this State; and the Governor be,

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and he is hereby, authorized to draw his warrant upon the treasury for the amount which he thinks is a reasonable compensation for said work. Duty of clerk of wild land dep't. Approved October 18, 1870. (No. 37.) Whereas, The Senate and House of Representatives have disagreed as to the time of adjournment, and his Excellency the Governor having informed us that he will be unable to complete the list of appointments under several weeks: therefore Preamble. Resolved , That his Excellency the Governor be, and he is hereby, requested to adjourn the House of Representatives on the 25th instant, thereby leaving the Senate in session, to take a recess, without per diem. , until the 21st of November next, on which day it will meet again to confirm appointments. Governor requested to adjourn House on 25th Oct. Approved October 25, 1870. (No. 38.) Whereas, Depredations have been committed upon the State Library, and valuable books stolen therefrom; and whereas, it is impossible, from the exposed condition of the library, as now arranged, for the Librarian to prevent a recurrence of such depredations and pilfering: therefore be it Preamble. Resolved , That the Governor is authorized to cause a suitable railing to be constructed in said library for the protection of the property of the State there deposited. Governor to have constructed a suitable railing in library room. Approved October 26, 1870. (No. 39.) Resolved , That all of the official acts of the Comptroller-General, in the assessment and collection of the various taxes imposed by the act entitled an act to levy and collect a tax for the support of the government for the year 1870, and for other purposes, be,

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and the same are hereby, legalized and made valid to the same extent as they would be had each and every provision of said act been re-enacted by this General Assembly, and approved by the Governor before said acts were performed; and that the said Comptroller-General be, and he is hereby, fully authorized to continue to perform all acts necessary to complete the collection of said taxes, and to enforce the provisions of said tax act: Provided , Nothing herein contained shall be construed to collect of any citizen poll-tax under any act of the General Assembly for the years 1868, 1869 and 1870. Acts of Comp.-Gen. legalized. Proviso. Approved October 27, 1870.

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INDEX TO PUBLIC LAWS A ACWORTHTOWN OF Incorporated 161 ALBANY COLUMBUS RAILROAD Incorporated 278 ALBANY, MOBILE NEW ORLEANS RAILROAD Incorporated 297 ALBANYCITY BANK OF Incorporated 78 ALIMONYPROVISIONS OF Extended to family of husband 413 ALABAMA GEORGIA MANUFACTURING COMPANY Charter of amended 232 ALLAPAHA JUDICIAL CIRCUIT Created 37 ALBANY JUDICIAL CIRCUIT Created 37 AMERICUSBANK OF Incorporated 79 AMERICUS FLORENCE RAILROAD Loan credit of State to 286 AMERICUS FLORENCE RAILROAD Incorporated 276 AMERICUS FLORENCE RAILROAD Charter of amended 286 AMERICUS ISABELLA RAILROAD Incorporated 283 APPROPRIATIONS For salaries of his Excellency the Governor 6 The Secretary of State, Comptroller-General and State Treasurer 6 Secretary of Executive Department 6 Messenger Executive Department 6 For salaries of State Librarian, Supreme Court Reporter, Solicitors-General and Judges Supreme and Superior Courts 6 Of Contingent Fund 6 Of Printing Fund 6 Of per diem and mileage of President and members of the Senate, and Speaker and members of the House 6

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Of per diem of Secretary of Senate and Clerk of House, and their assistants, and the Journalizing Clerks of the Senate and House. 6 7 Of other subordinate clerks 7 Of per diem and mileage of messengers and door-keepers of the two Houses 7 To Superintendent of Public Works 7 For salary of Attorney-General 7 For salary of Superintendent Lunatic Asylum, and for support of pauper patients 7 For colored patients 8 To chaplains, pages, etc. 8 To clerks of State House officers 8 To Messrs. Smith, Patterson and McHenry 8 To Institution for Deaf and Dumb 8 To Atlanta University, etc. 8 To Principal Keeper of Penitentiary 9 To pay public debt 9 For contingent expenses Legislature 9 To Clerk Supreme Court 9 For stationery for Legislature 9 To Treasurer for settling Convention scrip 9 To J. G. W. Mills 9 To J. C. Hendrix 9 To James M. Bishop 9 To John J. Newton 9 To M. A. Hardin 9 To Jackson T. Taylor 9 For Supreme Court Reports 10 ATHENS STREET RAILWAY COMPANY Incorporated 288 ATLANTA LOOKOUT RAILROAD Incorporated 274 ATLANTA ROSWELL RAILROAD Charter of amended 287 ATLANTA SAVANNAH RAILROAD Incorporated 290 ATLANTA BLUE RIDGE RAILROAD Incorporated 293 ATLANTACITY OF Charter of amended 160 ATLANTACITY OF Charter of amended, (Board of Health) 157 ATLANTA WATERWORKS Incorporated 388 ATLANTA GREAT WESTERN CANAL Incorporated 393 AUGUSTA JUDICIAL CIRCUIT Created 38 AUGUSTA HARTWELL RAILROAD Charter of amended 280 AUGUSTA SUMMERVILLE RAILROAD Charter of amended 293

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B BAINBRIDGE BANKING COMPANY Incorporated 83 BANKS Incorporation of. (See respective styles of.) BARNESVILLESAVINGS BANK OF Incorporated 155 BARNESVILLETOWN OF Incorporated 163 BOSTONTOWN OF Incorporated 169 BISHOP, JAMES M. Appropriation to 9 BLACKSHEARTOWN OF Act incorporating superseded 164 BLAKELEYTOWN OF Incorporated 168 BONDSSTATE To pay public debt and interest 10 Of railroads indorsed by State, registered in Secretary of State's office. 428 BOSTONTOWN OF Incorporated 169 BOSTON GREENFIELD RAILROAD Incorporated 298 BRUNSWICK ALBANY RAILROAD Cross Flint River 300 BRUNSWICK AUGUSTA RAILROAD Incorporated 299 BROOKSVILLETOWN OF Incorporated 172 BRUNSWICK BANK TRUST COMPANY Incorporated 81 BRYAN SUPERIOR COURT When held 39 BUTTS AND HENRY COUNTIES Line between changed 27 C CAIROTOWN OF Incorporated 173 CAMILLA CUTHBERT RAILROAD State aid to 300 CAMILLATOWN OF Act amendatory repealed 176 CAMPBELL AND CARROLL New county made from 13 CAMPBELL AND FAYETTE Line between changed 15 CAMPBELL COUNTY Site of changed 15 CANALATLANTIC GREAT WESTERN Incorporated 393 CARTERSVILLE VAN WERT RAILROAD Charter of amended 310

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Town ofcharter amended 176 CAVE SPRINGVILLAGE OF Charter of amended 179 CEDAR TOWN Incorporated 179 CENTRAL RAILROAD BANKING COMPANY May straighten road 310 Privileges of renewed 86 CENTRAL GEORGIA AGRICULTURAL MANUFACTURING CO. Incorporated 233 CENTRAL GEORGIA BANKING COMPANY Name of changed 86 CIRCUITSJUDICIALNew Created Albany 37 Allapaha 37 Augusta 38 CHAIN-GANG Punishment in abolished 421 CHATTAHOOCHEE RAILROAD Incorporated 303 CHATTAHOOCHEE AIR-LINE RAILROAD Incorporated 301 CHATTOOGA COAL IRON RAILROAD Incorporated 305 CHEROKEE AND PICKENS COUNTIES Line between changed 24 CHEROKEE WESLEYAN INSTITUTE Charter of amended 385 CHILDRENCUSTODY OF (See Alimony) 385 CHRIST CHURCH Name of changed 387 CLAIMS May be filed in forma panperis 411 CLARKESVILLETOWN OF Incorporated 181 CLEVELANDTOWN OF Incorporated 182 CLERKS SUPERIOR COURTS Fees of in homesteads 67 Duties of in endorsing executions 67 CLINCH AND COFFEE COUNTIES Line between changed 26 CODESECTIONS OF AMENDED 4203 and 4222Judgments on bonds of supersedeas 416 415Entering nolle prosequi 422 4245Abolishing chain-gang punishment 421 3151Dissolution of injunctions 415 4514Receipts of transporting companies 400 2741Holidays 69 874Relative to wild lands 417 3657Table of fees in office, etc. 468 1969Enforcement of liens 412

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COLUMBUS AIR-LINE RAILROAD Incorporated 306 COLQUITTTOWN OF Incorporated 183 COMMERCIAL GASLIGHT COMPANY OF SAVANNAH Incorporated 234 COMMERCIAL BANK TRUST COMPANY Incorporated 87 COMMON CARRIERS Regulation of 398 COMMISSIONERS TO PARTITION LAND Liable to rule 410 COMMISSIONERS OF ROADS, Etc. To classify public roads 397 COMMISSIONERS TO REVISE JURY-BOX To take oath 414 COMPTROLLER-GENERAL Appropriation of salary of 6 May procure an official seal 12 CONTINGENT FUND Appropriation of 6 CONTRACTORS' ASSOCIATION Incorporation of 236 CONYERSTOWN OF Incorporated 184 CONVENTION TAX How paid 432 COSTS, Etc. (See Title Fees and Costs.) COTTON STATES FERTILIZING COMPANY Incorporated 238 COUNTIESNEW CREATED Of Dodge 18 Of Douglas 13 Of McDuffie 20 Of Rockdale 16 COUNTY LINES CHANGED BETWEEN COUNTIES OF Houston and Macon 22 Coweta and Meriwether 22 Randolph and Calhoun 23 Thomas and Colquitt 23 Stewart and Webster 23 Ware and Pierce 24 Lumpkin and Hall 24 Cherokee and Pickens 24 Taylor and Talbot 25 Walton and Jackson 25 Jackson and Banks 25 Macon and Sumter 26 Clinch and Coffee; also, Webster and Terrell 26 Butts and Henry 27 Stewart and Quitman, etc. 27 Lowndes and Berrien 28 Lowndes and Brooks 28

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Gilmer and Fannin 29 Dawson and Lumpkin 29 COUNTY SITE Of Telfair county removed 29 COUNTY SCHOOL COMMISSIONER Duties of, etc 54 COURTS Criminal, act creating amended 31 Act organizing repealed 31 District, established 32 Superior, times for holding changed in Macon Circuit 40 Eastern Circuit 39 Atlanta Circuit 41 Acts of Clerk Superior Courts legalized 42 Time for holding changed in Emanuel county 433 Worth county 42 Taliaferro county 433 Wayne county 42 Houston, Twiggs and Catoosa counties 43 Marion county 44 Paulding county 44 Wilkes county 45 Rabun county 45 Morgan county 45 To add certain counties to the Southwestern Circuit 40 To change county of Glascock from Northern to Middle Circuit 41 COWETA AND MERIWETHER COUNTIES Line between changed 22 CRISSON SLUICE-WASHING QUARTZ MINING COMPANY Incorporated 261 CUTHBERT BANKING, LOAN TRUST COMPANY Incorporated 91 CUTHBERT MANUFACTURING COMPANY Organization of legalized 239 CUTHBERTCITY OF Charter of amended 185 D DALTON AND MORGANTON RAILROAD COMPANY Charter of amended 312 DALTON TURNPIKE COMPANY Incorporated 240 DARIENTOWN OF Charter amended 186 DARIEN TELEGRAPH COMPANY Incorporated 378 DARIEN BANKING COMPANY Charter of amended 94 DAWSON AND LUMPKIN COUNTIES Line between changed 29 DEADLY WEAPONS. (See Penal Code, etc.) DEFENSES. (See Pleas, etc.)

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DeSOTOTOWN OF Charter of amended 186 DISSOLUTION OF INJUNCTION 415 DISTRICT COURT Act organizing 32 DISTRICT JUDGE Salaries and duties of 32 , 36 DISTRICT ATTORNEY Duties and salary of 32 , 36 DOCKS AND WHARVES To facilitate construction of 400 DODGECOUNTY OF From what counties made 19 DOLLAR SAVINGS BANK Incorporated 95 DOUGLASCOUNTY OF From what counties made 13 E EAST POINT JUG FACTORY Incorporated 241 EASTMANTOWN OF Incorporated 187 EATONTON UNION POINT RAILROAD COMPANY Incorporated 313 EDUCATION (See Public Instruction and School Fund.) ELECTION Act providing for an, etc. 62 ELGIN SLATE COMPANY Incorporated 241 EMANUEL COUNTY Time for holding Superior Court in changed 433 EMORY COLLEGE Act relative to amended 383 EMPIRE SLATE WORKS Incorporated 242 EQUAL ACCOMMODATIONS To be furnished to all 427 EUHARLEETOWN OF Incorporated 188 EXECUTION Duties of certain officers as to indorsing 67 F FARMERS' BANK OF WESTERN GEORGIA Incorporated 96 FEESTABLE OF In certain offices 68 FEES AND COSTS Act repealed as to insolvent in certain counties 66 Must be itemized on executions 67 Of Ordinaries and other officers in homesteads set apart 67 Liability of county for, in change of venue in criminal causes 68

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FERTILIZERS Protection of people in sale of 399 FLAT ROCK RAILROAD COMPANY Incorporated 315 FORRESTVILLETOWN OF Charter amended 189 FORT VALLEYTOWN OF Charter of amended 189 FORT VALLEY HAWKINSVILLE RAILROAD COMPANY Incorporated 313 FORT VALLEY LOAN TRUST COMPANY Incorporated 97 FREEDMEN'S SAVINGS BANK Incorporated 97 FULTON SUPERIOR COURT Adjourned term legalized 42 G GAINESVILLE ELLIJAY RAILROAD COMPANY Incorporated 330 GAINESVILLETOWN OF Charter of amended 190 GASLIGHT COMPANYCITY OF ATLANTA Incorporated 243 GENERAL ASSEMBLY. (See Legislature.) GENEVATOWN OF Incorporated 191 GEORGIA SEABOARD NORTH WESTERN RAILROAD Incorporated 323 GEORGIA RAILROAD Athens may aid in construction of 325 GEORGIA AGRICULTURAL MANUFACTURING COMPANY Incorporated 245 GEORGIA MUTUAL LIFE FIRE INSURANCE COMPANY Charter of amended 222 GEORGIA MUTUAL LIFE FIRE INSURANCE COMPANY Incorporated 222 GEORGIA HISTORICAL SOCIETY Charter of amended 386 GEORGIA MAGNETIC TELEGRAPH COMPANY Incorporated 380 GEORGIA AGRICULTURAL BANK Incorporated 98 GEORGIA STATE BANKING COMPANY Incorporated 100 GEORGIA LOAN BANKING COMPANY Incorporated 103 GEORGIA RAILROAD BANKING COMPANY Privileges of renewed 106 GEORGIA LOAN TRUST COMPANY Name of changed 107 GEORGIASTATEBANK OF Incorporated 107

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GEORGIA BANKING COMPANY OF SAVANNAH Incorporated 109 GILMER AND FANNIN COUNTIES Line between changed 29 GOVERNOR Appropriation of salary of 6 For duty as to indorsed railroad bonds. (See title State aid to railroads.) GRAND TRUNK RAILROAD Incorporated 325 GRANTVILLETOWN OF Act of Mayor, etc., legalized 192 GREAT WESTERN RAILROAD Incorporated 329 GREAT SOUTHERN RAILROAD Incorporated 319 GRIFFIN, MONTICELLO MADISON RAILROAD Incorporated 317 GRIFFIN LOAN TRUST COMPANY Name of changed 114 GRIFFIN BANKING COMPANY Incorporated 114 H HABERSHAM UNION TURNPIKE COMPANY Charter of amended 381 HAMILTONTOWN OF Corporate limits of changed 193 HARDIN, M. A. Appropriation to 9 HARLEMTOWN OF Incorporated 194 HAWKINSVILLETOWN OF Incorporated 196 HAWKINSVILLE AMERICUS RAILROAD COMPANY Incorporated 332 HEAD-RIGHTS Act to extend time, etc., amended 417 HENDRIX, J. C. Appropriation to 9 HEPZIBAHTOWN OF Incorporated 204 HIGHTOWER COMPANY Charter of amended 264 HIWASSEETOWN OF Incorporated 204 HOGANSVILLETOWN OF Incorporated 205 HOLIDAYS Section 2741 Code, altered as to, (additional) 69 HOME FIRE MARINE INSURANCE COMPANY Incorporated 224 HOMERVILLETOWN OF Charter of amended 206

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HOMESTEAD More effectually to execute 70 Exemptions under section 2013 of Irwin's Code 74 Authorizing executors, etc., to purchase for minors 74 Head of a family where wife lives apart from husband 71 Supreme Court Decisions as to 75 Houston and Macon counties of, line between changed 22 Houston Superior Court, time for holding changed 43 I IMMIGRATION Act to encourage repealed 401 IN FORMA PAUPERIS Claim may be filed in 411 INJUNCTIONDISSOLUTION OF Section 3151 of Code amended 415 Etc., in equity, mode of practice in prescribed 405 INSURANCE COMPANIES. (See various styles of.) INTERIORBANK OF Incorporated 116 ISSUE Mode of joining in appeal cases from Justices' Courts 408 J JACKSON AND BANKSCOUNTIES OF Line between changed 25 JESSUPTOWN OF Incorporated 207 JUDICIARY To extend lien of set-off and recoupment, etc. 401 Practice in cases of injunction, etc. 405 Revision of jury-boxes legalized 407 Issue upon appeal cases, etc., how joined 408 Lien of employees about saw-mills 409 Partitioners of land may be ruled 410 Jurisdiction of misdemeanors conferred on Superior Courts 410 To regulate claim cases 411 Act for enforcement of liens amended 412 Alimony extended to family of husband 413 Oath of commissioners to revise jury-boxes 414 Verification of certain pleas, etc., before officers of other States, etc. 415 Dissolution of injunctions 415 Bonds of supersedeas , judgment on 416 JURIES In District Court, how drawn, etc. 35 Compensation of, how drawn, etc. 35 JURY-BOXES Revision of legalized 407 JUSTICES' COURTS Mode of joining issue on appeal cases from 408

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K KEROSENE OIL Protection to people in sale of 398 KINGSTONTOWN OF Charter of amended 208 L LABORERS, MERCHANTS MECHANICS LOAN AND TRUST CO. Incorporated 118 LABORERS, MERCHANTS MECHANICS LOAN AND TRUST CO. Incorporated 119 LANDS Act to extend time, etc., amended 417 Consent of Legislature to acquisition of certain, by United States 418 Wild, how advertised by Comptroller-General 417 LEGISLATURE Time for annual meeting of changed 419 Governor authorized to borrow money to pay off members of 419 LIBRARIANSTATE Appropriation of salary of 6 LIEN OF EMPLOYEES ABOUT STEAM SAW-MILL Act changed 409 Of set-off and recoupment, etc. 401 Act for enforcement of amended 412 LOOKOUT MOUNTAIN RAILROAD COMPANY Incorporated 333 LOWNDES AND BERRIENCOUNTIES OF Line between changed 28 LOWNDES AND BROOKSCOUNTIES OF Line between changed 28 LUMPKIN AND HALLCOUNTIES OF Line between changed 24 LUMPKIN SUPERIOR COURT Adjourned term of legalized 43 M MACON BRUNSWICK RAILROAD COMPANY Charter of amended 339 MACONCITY OF Charter of amended 208 MACON CANAL MANUFACTURING COMPANY Incorporated 246 MACONCITY BANKING COMPANY OF Name of changed 125 MACON BANKING COMPANY Incorporated 125 MACON AND SUMTERCOUNTIES OF Line between changed 29 MAIMED PERSONS Certain exempt from road duty 399 McDUFFIECOUNTY OF From what counties made, etc. 20

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McHENRY, JACKSON Appropriation to 8 McDONOUGH WESTERN RAILROAD COMPANY Incorporated 334 MANAGERS OF ELECTION Appointment, duties and compensation of 63 MARIETTA, CANTON ELLIJAY RAILROAD COMPANY State aid to 340 MARIETTA NORTH GEORGIA RAILROAD COMPANY Pickens county may aid, etc. 337 MARION SUPERIOR COURT Time for holding changed 44 MEMPHIS BRANCH RAILROAD COMPANY State aid to 222 MEMPHIS BRANCH RAILROAD COMPANY Charter of amended 220 MERCHANTS' EXCHANGE BANK OF AUGUSTA, GEORGIA Incorporated 127 MESSENGERS Of Executive Department and of Legislatureappropriation to 6 MILLS, J. G. W.(Secretary of Senate) Appropriation to 9 MISDEMEANORS Jurisdiction of conferred on Superior Courts 410 MONTEZUMATOWN OF Incorporated 211 MORGAN SUPERIOR COURT Time for holding changed 45 N NATIONAL EMIGRATION, IMPROVEMENT MANUFACTURING COMPANY Incorporated 248 NEWNAN AMERICUS RAILROAD Incorporated 350 Charter amended, State aid to 353 NEWNAN BANK, LOAN TRUST COMPANY Incorporated 129 NEWTON, JOHN J. Appropriation to 9 NEWTON AND HENRY COUNTIES New county made from portions of 16 NOLLE PROSEQUI Restrictions on entry of 422 NORCROSSTOWN OF Incorporated 212 NORTH SOUTH RAILROAD COMPANY Incorporated 347 NORTH EASTERN RAILROAD COMPANY Incorporated 344 NORTH GEORGIA NORTH CAROLINA RAILROAD Incorporated 342 NOTES, DRAFTS, Etc. (Protestsee Holidays.)

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O OATHS Of courts to revise jury-box 414 OCEAN BANK TRUST COMPANY Incorporated 134 OCMULGEE RIVER RAILROAD Charter of amended 353 OILKEROSENE Test of, etc. 398 OGLETHORPE UNIVERSITY Charter of amended 382 OGLETHORPE MANUFACTURING COMPANY Incorporated 249 OKEFENOKEE ST. MARYS CANAL, Etc. Incorporated 265 ORDINARY Fees of in homesteads 67 P PALMETTOTOWN OF Charter of amended 214 PARTITIONERS OF LAND Liable to rule 410 PATTERSON, CHARLES Appropriation to 8 PAULDING SUPERIOR COURT Time for holding changed 44 PENAL CODE To preserve the peace and harmony, etc. 421 Chain-gang punishment abolished 421 Entry of nolle prosequi restricted 422 PERSEVERANCE MINING COMPANY Incorporated 268 PERSONAL PROPERTY, (See title Homesteads.) PEOPLE'S BANK OF ALBANY Incorporated 137 PEOPLE'S BANK OF MACON Incorporated 139 PEOPLE'S SAVINGS BANK TRUST COMPANY OF SAVANNAH Incorporated 144 PHOSPHATE ROCKS, Etc. Persons empowered to mine for 270 PLOW (STEAM) TRANSPORTATION COMPANY Incorporated 271 PLANTERS' BANK OF FORSYTH Incorporated 146 PLANTERS' LABORERS' LOAN AND TRUST COMPANY Incorporated 149 PLANTERS' EXCHANGE BANK OF MACON Incorporated 150 PLANTERS' MINERS' BANK, Etc. Incorporated 151 PLANTERS' LOAN SAVINGS BANK Incorporated 152

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PLEAS, Etc. How sworn to in certain cases 415 POLICY-HOLDERS' LIFE TONTINE ASSURANCE COMPANY Incorporated 227 POLK SLATE QUARRY RAILROAD COMPANY State aid to, etc. 355 POLK COUNTY MINING MANUFACTURING COMPANY Incorporated 252 POTTERVILLE MANUFACTURING COMPANY Incorporated 253 PRESTONTOWN OF Incorporated 214 PUBLIC ROADS Of the several counties to be classified 397 PUBLIC INSTRUCTION System of 49 PULASKI MANUFACTURING COMPANY Incorporated 254 R RABUN SUPERIOR COURT Time for holding changed 45 RAILROADS Western AtlanticGoverner authorized to lease 423 Must furnish equal accommodations, etc. 398 Bonds of indorsed by the Statehow registered 428 Memphis BranchRome may subscribe to, etc. 429 May cross other roads 428 RANDOLPH AND CALHOUNCOUNTIES OF Line between changed 23 REAL PROPERTY. (See Homesteads.) RECOUPMENT. (See Set-off and Recoupment.) RELIEF OF DEBTORS. (See Set-off and Recoupment.) REPORTER SUPREME COURT Appropriation of salary 6 Should furnish volume 40, bound, etc. 48 Duty as to volumes 30 and 31 48 REVISION OF JURY-BOXES Certain legalized 407 ROAD DUTY Certain maimed persons exempt from 399 ROADSPUBLIC To be classifiedhow 397 ROCKDALECOUNTY OF Made from Newton and Henry counties 16 ROME SUMMERVILLE RAILROAD COMPANY Incorporated 357 ROME RAILROAD May consolidate with Memphis Branch Railroad 360 ROME STREET RAILROAD Incorporated 359 ROME IRON MANUFACTURING COMPANY Charter of amended 257

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S SALARIES Appropriation of 6 Judges of Supreme Court 6 Judges of Superior Courts 6 Solicitors-General, etc. 6 Fixed by lawhow paid 7 SAVANNAH, GRIFFIN NORTH ALABAMA RAILROAD Charter of amended 372 State aid to 360 SAVANNAH PRICE STREET RAILROAD Incorporated 367 SAVINGS BANK OF BARNESVILLE Incorporated 155 SAW-MILLSSTEAM Lien of employeesact amended 409 SCHOOL FUND Act to set apart and secure 61 SCHOOL SYSTEM. (See Public Instruction.) SETTLEMENT OF CRIMINAL CASES. ( See Nol. Pros. ) SECRETARY OF STATE Salaryappropriation of 6 Of Senatesalaryappropriation of 6 SECRETARIES EXECUTIVE DEPARTMENT Salariesappropriation of 6 SET-OFF AND RECOUPMENT Lien of extended to certain debts 401 SHOAL CREEK MANUFACTURING COMPANY Incorporated 257 SKIDAWAY, PINE ISLAND SEASHORE RAILROAD Incorporated 369 SMITH, LEWIS Appropriation to 8 SOLICITORS-GENERAL Appropriation of salaries of 6 Duties of as to nolle prosequis 422 SOUTH GEORGIA FLORIDA RAILROAD State aid to 366 SOUTH WESTERN RAILROAD Subscribe for stock in Americus Florence Railroad 369 SOUTH CAROLINA RAILROAD Corporate powers conferred on 363 STATE AID TO RAILROADS Albany Columbus 278 Albany, Mobile New Orleans 297 Americus Isabella 283 Americus Florence 286 Atlanta Blue Ridge 293 Athens Clayton 344 Atlanta Lookout 274 Augusta Hartwell 280 Brunswick Albany 300 Camilla Cuthbert 300 Chattahoochee 303 Columbus Atlanta Air-Line 306

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Dalton Morganton 312 Georgia Seaboard Northwestern 323 Grand Trunk 325 Great Southern 319 Griffin, Monticello Madison 317 Hawkinsville Americus 332 Lookout Mountain 333 Macon Brunswick (additional) 336 Marietta, Canton Ellijay 340 McDonough Western 334 Memphis Branch 338 Newnan Americus 350 Northeastern 344 North South 347 North Georgia North Carolina 342 Ocmulgee River 353 Polk Slate Quarry 355 St. Marys Western 363 South Georgia Florida 366 Savannah, Griffin North Alabama 360 STATE Act to protect credit of 432 STATE SCHOOL COMMISSIONER Appointment and duties of, etc 49 STEAM PLOW TRANSPORTATION COMPANY Incorporated 271 STEWART AND WEBSTERCOUNTIES OF Line between changed 28 STEWART AND QUITMANCOUNTIES OF Line between changed 27 SPRING VALEVILLAGE OF Incorporated 217 STONE MOUNTAIN GRANITE RAILWAY COMPANY Incorporated 432 ST. MARYS WESTERN RAILROAD Charter of amended 366 Incorporated 363 SUPERSEDEAS Judgments on bonds of 416 SUPERIOR COURTS Jurisdiction ofmisdemeanor conferred on 410 SUPREME COURT Time for holding changed 46 Act to regulate practice in 46 Act regulating distribution of Reports amended 48 Reports ofhow bound, etc. 48 SURVEYORSFEES OF In homesteads 68 SYSTEM OF PUBLIC INSTRUCTION 49 T TABLE OF FEES In officecompliance with law 68 TALIAFERRO SUPERIOR COURT Time for holding changed 433

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TATUM IRON COAL MINING MANUFACTURING COMPANY Incorporated 259 TAYLOR AND TALBOTCOUNTIES OF Line between changed 25 TAYLOR, JACKSON T. Appropriation to 9 TAXATION Convention scriphow paid 432 Capitation tax prohibited 432 TELFAIR COUNTY Site of removed 29 TELEGRAPH COMPANIES Darien 378 Georgia Magnetic 380 THOMASTONTOWN OF Charter of amended 219 THOMAS AND COLQUITTCOUNTIES OF Line between changed 23 TRANSPORTING COMPANIES Receipt ofsection 4514 of Irwin's Code amended 400 TREASURERSTATE Appropriation to 6 TURNPIKE COMPANYHABERSHAM UNION Charter of amended 381 V VAN WERTTOWN OF Incorporated 220 VENUE Change of in criminal casescosts 68 VERNON SHELL ROAD Charter of 376 W WALTON AND JACKSONCOUNTIES OF Line between changed 25 WARE AND PIERCECOUNTIES OF Line between changed 24 WATERWORKSCITY OF ATLANTA 388 WAYNE SUPERIOR COURT Time for holding changed 42 WESTERN ATLANTIC RAILROAD Superintendent of convey certain rights to land 377 WILKES SUPERIOR COURT Time for holding changed 45 WILD LANDS Comptroller's duty as to return of 417 WORTH SUPERIOR COURT Time for holding changed 42

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INDEX TO LOCAL LAWS. A AMERICUSCITY OF May issue bonds, etc 482 APPLING COUNTYTREASURER OF To receive jury certificates 449 ARMSTRONG, J. H., AND OTHERS Relief of, as delinquent road commissioners 470 ART, [ARZE,] MALINDA Reputed wife of Bernardo J. Art, [Arze,] etc 464 AUGUSTACITY OF Present limits of extended 477 Appeals in City Court of abolished 483 ATLANTA Sale of personal property within 485 City Council of required to uniform police 485 Legal voters of may vote for Mayorwhere 486 B BALDWIN COUNTY Local act as to repealed 447 BARTOW COUNTY Public roads in to be classified 460 Insolvent cost in to be paid 438 BARD, JAMES H., COLLINS AND OTHERS Relief of 465 BIBB, RICHMOND, MONROE AND LEE COUNTIES Act relative to repealed 445 BLASSINGAME, POWELL AND DOROTHY, (2 acts) Relief of 465 , 468 BOHLER, JOHN A. Relief of as Tax Collector 469 BUCK CREEK To prevent obstructions of 452 BURKE COUNTY Public roads in, (act repealed) 443

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C CALHOUN, J. L., SCROGGINS AND GRACE Relief of 467 CAMDEN COUNTY Removal of seat of justice in 440 CAMPBELL, WM. C. AND N. C. Reinstated as executors, etc 457 CHATHAM COUNTY ROAD LAWS. (As to, see Clay and Randolph.) CATOOSA AND OTHER COUNTIES Public roads in classified 455 CHATHAM COUNTY Roads and bridges in, from Isle of Hope, public etc 453 CHATTOOGA COUNTY Ordinary of to issue bonds, etc 445 CLAY COUNTY To issue bonds, etc 450 Road laws as to 453 CLARKE COUNTY Present indebtedness of to be adjusted 460 COLLINS, M. G., BARD, SENTER, HANCOCK, DAVIS, HENDERSON, GLENN, LOWRY Relief of 465 COWETA, GLYNN AND STEWART COUNTIES Board of commissioners in 441 CRAWFORD COUNTY Ordinary of to make title to certain property 449 CRAWFORDVILLE ACADEMY Trustees of may sell 483 D DADE AND OTHER COUNTIES Public roads in to be classified 455 DARIENCITY OF Appointment by, of inspectors, etc., of lumber, etc 487 Commons of laid off into town lots, etc 479 DEAN, HERSCHEL Relief of 466 DICKEY, JOHN J., Etc. Authorized to peddle without license 469 DOUGHERTY COUNTY Authorized to issue bonds 480 May levy extra tax to build certain bridge 457 F FANNIN, GILMER AND MURRAY COUNTIES Protection of deer in 446 FARMERS' ACADEMY Trustees of authorized to sell 473 FLOYD COUNTY Ordinary of may issue bonds 448

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FULTON COUNTY Ordinary to issue bonds 459 FYALL, HON. F. H. Pay to widow of 467 G GEORGIA MILITARY INSTITUTE Lands formerly owned bydonated 455 GLOVER, N. S. Authorized to blast a channel, etc 471 GLYNN COUNTY Authorized to issue bonds 456 Drawing jurors in legalized 440 GLYNN, STEWART AND COWETA COUNTIES Board of commissioners, etc., in 441 GORDON COUNTY Gates across public roads in 444 GORDON, MURRAY AND WHITFIELDCOUNTIES OF Road laws as to amended 458 GRACE, THOS. A., SCROGGINS AND CALHOUN Relief of 467 H HICKS, ELLA, AND GEREOL REID Marriage of legalized 463 HINDMAN, W. W. Relief of 466 HOOK AND LADDER FIRE COMPANY, Etc., OF ROME Exempt from jury duty 484 HOUSTONCOUNTY OF Indorse bonds of Fort Valley Hawkinsville Railroad Company 453 HERNDON, C. W. (And all cripples) may peddle without license 464 K KILPATRICK, JACKSON Relief of 471 L LAMB, JESSE M., AND SARAH E. LANDERS Marriage of legalized 469 LOWNDES AND MACONCOUNTIES OF Sale of fertilizers in 458 LUMPKIN COUNTYORDINARY OF May issue bonds 438 M MACONCITY COURT OF Organized 474 City may indorse bonds of Macon Canal, etc 487

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McLAREN, JULIA A. Authorized to execute certain will 472 MARIETTACITY COUNCIL OF May levy extra tax, etc. 484 Certain lands donated to male academy of 455 MERIWETHER COUNTY Compensation of jurors in 446 MILTON COUNTY Board of commissioners in 443 MITCHELL, WM. J. F. May erect a gate, etc. 466 B. B. may peddle without license 463 MOUNTAIN CITY FIRE COMPANY OF ROME Exempt from jury duty 484 MURRAY, GORDON AND WHITFIELD COUNTIES Road laws in 458 N NEWTON COUNTY Compensation of jurors in 461 O OAK CITY HOOK LADDER COMPANY, Etc. Donation of certain lands to 478 Exempt from jury duty 481 P PACE, DAVISWILL OF To be executed by Julia A. McLaren 472 PIKE COUNTY Certain act (as to roads and revenue) made applicable to 447 Q QUITMAN COUNTY Road laws in 462 R RANDOLPH COUNTY Road laws as to. (See Clay, Chatham.) REID, GEREOL ELLA HICKS Marriage of legalized 463 RICHMOND COUNTY Board of commissioners, etc., in 451 Relief of sundry Loan Building Associations in 439 ROMECITY OF Authorized to issue bonds and borrow money 485 S SCROGGINS, F. M., THOMAS A. GRACE, Etc. Relief of 467 STEWART AND WEBSTER COUNTIES Payment of insolvent criminal costs in 446

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STEWART, GLYNN AND COWETA COUNTIES Board of commissioners, etc., in 441 SUMTER, PAULDING AND CLAY COUNTIES Road laws as to altered 453 T TERRELL COUNTY Road laws as to amended 444 TIFT, NELSON Franchises of forfeited 468 THOMAS CREEK Obstructions in 450 TOWNS AND UNION COUNTIES To prevent persons grazing stock in, etc. 448 TYSON, HENRY L. Relief of as Tax Collector 471 TURKEY CREEK Obstructions in to be removed 457 W WALKER, CHATTOOGA, CATOOSA, DADE, MURRAY, STEWART, SCHLEY, WHITFIELD, TOWNS AND GORDON COUNTIES Road laws as to 455 WEBSTER AND STEWART COUNTIES Tax into pay insolvent criminal costs 446 WEST POINT FIRE COMPANY Exempt from jury duty 488 WHITFIELD, GORDON AND MURRAY COUNTIES Road laws as to 458 WILKINSON COUNTY Compensation of jurors in 454

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INDEX TO RESOLUTIONS. A ADJOURNMENT Of House of Representatives 506 AMERICAN BIBLE SOCIETY Governor to allow room in capitol building to 495 APPROPRIATION ACTGENERAL Continuing in force until 1st July, 1870 494 Continuing in force until otherwise ordered by General Assembly 494 ADKINS, JOSEPH Pay to legal representatives of 505 ATLANTAPROPOSITION OF CITY OF In relation to purchase of capitol building accepted 494 ATLANTIC GULF RAILROAD COMPANY Empowering certain persons to cast votes in elections held by 495 AMENDMENTS Fourteenth ratified 491 Fifteenth ratified 492 C CARTERSVILLE VAN WERT RAILROAD Resolution in relation to rescinded 500 CODEIRWIN'S 181st section of, requesting officers of General Assembly to adhere to, 496 Board of competent lawyers to revise 503 COMMITTEESAPPOINTMENT OF To take into consideration the proposition of the city of Atlanta, etc. 494 To take into consideration the Governor's message relative to certain charges, etc. 498 To report upon subject of relief 498 In relation to recovered bonds 499 In relation to the Mitchell claim 499 To look after the wild lands 499 CONDITIONS Certain assented to 493

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D DEBTS Staying all made before June, 1865 496 DISABILITIESPOLITICAL Asking Congress to relieve, etc. 503 E EXECUTIVE WARRANTS Payment of Printing 497 G GENERAL ASSEMBLY Treasurer to pay officers and members of 496 To pay each officer and member of $200 497 To pay each officer and member of $100 497 GRANT, U. S., PRESIDENT UNITED STATES Invited to State Fair 501 GOVERNOR'S WARRANT In favor of officers and employees, etc. 496 J JAMES' BUILDING Purchase of for Executive Mansion 502 L LEE, GENERAL R. E. Relative to death of 501 LEVIES AND SALES Certain prohibited by Constables, etc. 500 P PUBLIC LAWS AND RESOLUTIONS To be put in pamphlet form 500 S SECRETARY OF STATE To have certain work done in his office, etc. 504 STATE AID Bills granting to be retained by President of Senate, etc. 505 STATE LIBRARY For better protection of 506 STATE PRINTER Advances to 499 SUPERINTENDENT PUBLIC WORKS No salary paid to 497 W WILD LANDS Instructions to clerk in department of 505

Locations