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,: DAVID G. COTTING, 18700000 English

Page 2

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN ATLANTA, GEORGIA, AT THE SESSION OF 1870, BUT OMITTED IN THE COMPILATION PUBLISHED BY AUTHORITY. 18700000 COPIED FROM THE ORIGINAL ACTS AND RESOLUTIONS BY DAVID G. COTTING, SECRETARY OF STATE. ATLANTA, GEORGIA: PRINTED BY THE PUBLIC PRINTER, 1871.

Page 3

SECRETARY OF STATE'S OFFICE, Atlanta, Georgia, October 26, 1871. Upon examination of the printed volume of the Acts and Resolutions of the General Assembly of the State of Georgia, passed in Atlanta, Georgia, at the session of 1870, compiled and published by authority, I find that several Acts and Resolutions have been omitted from the compilation. These Acts and Resolutions are of more or less public importance, and I have therefore thought proper to publish them in this supplementary form. DAVID G. COTTING, Secretary of State.

Page 4

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN ATLANTA, GEORGIA, AT THE SESSION OF 1870, BUT OMITTED IN THE COMPILATION PUBLISHED BY AUTHORITY. COPIED FROM THE ORIGINAL ACTS AND RESOLUTIONS, BY DAVID G. COTTING , SECRETARY OF STATE. ATLANTA , GEORGIA: PRINTED BY THE PUBLIC PRINTER. 1870.

Page 5

ACTS AND RESOLUTIONS. [No. 1.O. 62.] An Act to authorize the increase of the Capital Stock of the Georgia Railroad and Banking Company. Section 1. Be it enacted by the General Assembly of the State of Georgia , That for the purpose of enabling the Georgia Railroad and Banking Company to rebuild their depots and machine shops, anew their rolling stock and replace their iron, all of which were destroyed or greatly damaged and depreciated by the acts of war, the Georgia Railroad Banking Company is hereby authorized and empowered to increase the capital stock of said company to a sum not to exceed the sum of five millions dollars; and the said increase of capital, when made by said company, shall stand upon the same footing, have the same privileges and exemptions, and be subject to the same restrictions and responsibilities of the existing capital stock of said company: Provided , That the said increased capital stock shall be paid for in cash and at par value. Sec 2. Repeals conflicting laws. Approved October 12, 1870. [No. 2.O. 177.] An Act to loan the credit of the State to the Fort Valley and Hawkinsville Railroad, and for other purposes. Section 1. The General Assembly do enact , That whenever he Fort Valley and Hawkinsville Railroad Company shall have completed and have fully equipped ten 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

Page 6

the guaranty of the State on the first mortgage bonds of said company to the extent of twelve thousand dollars per mile, and when the second section of ten miles is completed and equiped, it shall be the duty of the Governor to indorse a like guaranty of said first mortgage bonds of said railroad company upon the presentation of said bonds by said company, to the extent of twelve thousand dollars per mile, and this rate and extent of indorsement shall be continued upon the same conditions for each subsequent section of ten miles so completed and equipped, until the whole road is completed. Sec. 2. After the completion of said first ten miles, and said company should determine to build said road for a distance less than ten additional miles, and locate the terminus on the line as set forth in their charter, but at a different point, upon their so notifying the Governor and presenting said bonds, he shall indorse the same for twelve thousand dollars per mile for every fractional number of miles under ten. 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 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 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 hereafter provided for. 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. 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 endorsed by the State, at less than ninety cents in the dollar, in lawful money of the United States; and in case any such company, to which the State has or may extend its aid, has

Page 7

or may by any direct contract, or by any evasion, pretext, sell or dispose of or attempt to 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 or bonds to such company, and all further indorsements of bonds of said company by reason of which the credit of the State may be depreciated and the burden of the citizens increased. Sec. 6. Repeals conflicting laws. Approved October 24, 1870. [No. 3.O. 118.] An Act to change the county line between the counties of Henry and Butts, Glascock and Warren. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the line between the counties of Henry and Butts be so changed as to include in the county of Henry lots of land numbers one hundred and sixty-one (161) and one hundred and sixty-two, (162) situated originally in the second (2d) district of said county, and now lying in Butts county. Sec. 2. That the county line between Glascock and Warren be changed so as to include the residence and premises of Samuel Hart, in Glascock county. Sec. 3. Repeals conflicting laws. This act becomes a law by expiration of five days from its receipt by the Governor. R. H. Atkinson, Secretary Executive Department. [No. 4.O. 240.] An Act to repeal the second (2d) section of an act entitled an act to change the line between the counties of Lumpkin and Dawson, and between Fulton and Clayton, assented to December 19, 1860. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by the authority of the same , That the second section of an act to change the line between the counties of Lumpkin and Dawson, and between Fulton and

Page 8

Clayton, assented to December 19, 1860, which reads as follows: And be it further enacted , That the line between the counties of Fulton and Clayton be so changed as to add lot of land number sixty-five, (65) in the fourteenth district of originally Henry now Fulton county, to the county of Clayton, including the residence of William H. Dearing, Esq., be, and the same is hereby, repealed. Approved October 25, 1870. [No. 5.O. 181.] An Act to amend an act entitled an act to aid the Brunswick and Albany Railroad Company, approved March 18th, 1869. Whereas, The Brunswick and Albany Railroad Company has already completed over eighty miles of its road from Brunswick, west, towards Albany, and is pushing forward the construction of the rest of the line with great energy, and is building a first class road in every particular; And Whereas, It is ascertained that to complete and equip its line of road with suitable rolling stock, wharves, piers, stations, depots, and cotton presses, fit to become the eastern section of the Great Southern Pacific Railroad, will require an outlay of at least fifty thousand dollars ($50,000) per mile, and that the road when completed will be fully worth that sum, and be an ample security for a bonded debt of at least twenty-five thousand dollars ($25,000) per mile, and in order to provide the means, in part, to accomplish this great work, the said company has executed and delivered to the Farmers' Loan and Trust Company of the city of New York, a second deed of trust or mortgage to secure bonds to the amount of ten thousand dollars per mile, upon the whole line of its road, and amounting in the aggregate to the sum of two million three hundred and fifty thousand dollars, payable in twenty-five years from the first day of October, 1869, with interest at seven per cent. per annum, payable semi-annually, on the first day of April and October, and has provided for a sinking fund of two per cent. per annum, to be paid into the Farmers' Loan and Trust Company of the city of New York, after 1870, and has issued bonds under the same to that amount, which said deed of trust or mortgage and said bonds are secured to, and subject to the payment of the first deed of trust to the Treasurer of the State of Georgia for fifteen thousand dollars ($15,000) per mile; And Whereas, It is of great importance to the State of Georgia, particularly in view of the recent action of the Congress of the United States, upon the subject of the Southern Pacific Railroad,

Page 9

to urge forward the early completion of the Brunswick and Albany Railroad, in order more certainly to secure within the State of Georgia, the eastern terminus of this Great Trans-Continental line, thereby immensely increasing the wealth and taxable property, and adding to the power and importance of the State: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by authority of the same , That section second (2d,) of an act entitled an act to aid the Brunswick and Albany Railroad Company, approved March 18, 1869, which is as follows: As soon as said Brunswick and Albany Railroad Company shall have built twenty (20) consecutive miles of their said main railroad in a substantial manner, and shall have the same in good running and working order, which shall be certified to by an engineer appointed by his Excellency the Governor of the State of Georgia for that purpose, the said company shall present to the Treasurer of the State of Georgia for the time being, the bonds of said company, such as are described in the first section of this act, amounting in the aggregate to fifteen thousand dollars ($15,000) 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 (10) miles of said main road, to be certified to as above; said company may present to said Treasurer the bonds of said company, amounting to fifteen thousand dollars ($15,000) per mile upon all of said company's main road so built, until the whole main road from the harbor of Brunswick to Albany, and the line of the State of Alabama is built, and the said treasurer, for the time being, shall make an 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 a series of bonds issued by the Brunswick and Albany Railroad Company, and amounting in the aggregate to the sum of fifteen thousand dollars ($15,000) per mile upon the said company's main railroad, secured by deed of trust upon said company's main railroad and all the real and personal property connected with the same, executed to the Treasurer of the State of Georgia, as trustee on the day of , A.D. 1869; the payment of the principal and interest of the within bond according to the terms thereof is hereby guaranteed by the State of Georgia, in pursuance of, and in obedience to an act of the Legislature of said State, passed the day of , A.D. 1869, and shall fill up the two blanks in the 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, be

Page 10

and the same is hereby so amended as to read as follows, to-wit: As soon as said Brunswick and Albany Railroad Company shall have built twenty (20) consecutive miles of said main railroad in a substantial manner, and shall have the same in good running and working order, which shall be certified to by an engineer appointed by his Excellency the Governor of the State of Georgia for that purpose, the said company shall present to his Excellency the Governor of the State of Georgia for the time being, the bonds of said company such as are described in the first section of this act, amounting in the aggregate to fifteen thousand ($15,000) 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 (10) miles of said main road to be certified to as above, said company may present to his Excellency the Governor of the State of Georgia, the bonds of said company amounting to fifteen thousand dollars ($15,000) per mile upon all of said company's main road so built, until the whole main road from the harbor of Brunswick to Albany, and the line of the State of Alabama is built, and his Excellency the Governor of the State of Georgia, for the time being, shall make an indorsement upon the back of each of said bonds, and shall sign the same as Governor 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 Brunswick and Albany Railroad Company, and amounting in the aggregate to the sum of fifteen thousand dollars per mile, upon said company's main railroad, secured by deed of trust upon said company's main railroad, and all the real and personal property connected with the same, executed to the Treasurer of the State of Georgia, as trustee on the first day of October, A.D. 1869. The payment of the principal and interest of the within bonds, according to the terms thereof, is hereby guaranteed by the State of Georgia, in pursuance of, and in obedience to, an act of the Legislature of said State, passed the 18th day of March, A.D. 1869, and amended on theday ofA.D. 1870, and shall fill up the blanks in the indorsement with the real 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 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: Provided, however , That all the bonds of the said Brunswick and Albany Railroad Company, heretofore guaranteed by the said State of Georgia, by the indorsement of the Treasurer thereon, under the act hereby amended, are hereby declared to be duly and legally guaranteed, and the State bound and holden upon said guarantee. Section 2. And be it further enacted by the authority aforesaid , That section seven (7) of said act, entitled an act to aid the Brunswick and Albany Railroad Company, approved March 18th, 1869,

Page 11

which is as follows: The said company shall build at least fifty (50) miles of said road in each year, until the whole line is built, and the acceptance of the terms of this act by said company shall release and discharge the State of Georgia from all the claims recited in the preamble of this act: Provided, nevertheless , That nothing in this act contained shall be construed to release any person or body, or body corporate, other than the State of Georgia and the Western and Atlantic Railroad Company, from any claim or action held by said Brunswick and Albany Railroad Company, or assigns, for the iron, rails, spikes and chairs taken from last mentioned road, or for the use or destruction of the same, be, and the same is hereby repealed: Provided, nevertheless , That nothing herein contained shall be construed to invalidate the release of the Western and Atlantic Railroad and the State of Georgia from all and every claim of the Brunswick and Albany Railroad Company, executed under and in pursuance of said seventh section, and in lieu of said seventh section, it be, and is hereby, enacted as follows: The Governor of the State of Georgia, for the time being, is hereby authorized and directed to receive from the president, or other officer authorized by the board of directors of said company to deliver the same, the whole issue of the second mortgage bonds of said company, amounting to ten thousand dollars per mile upon said company's road, and amounting in the aggregate to the sum of two million three hundred and fifty thousand dollars, and to pay said company for the same in the bonds of the State of Georgia at par, bearing seven per cent. interest, payable semi-annually on the first days of June and December in each year, at the rate of eight thousand dollars per mile, and in the aggregate amounting to one million eight hundred and eighty thousand dollars, the principal sum of said bonds to be payable in twenty-five years from the first day of December, A. D. 1869; and his Excellency the Governor is hereby authorized and directed to cause said bonds to be executed in due and legal form, and paid over to said company as aforesaid: Provided, however , That the said bonds of the State of Georgia shall be delivered to said company in payment for said second mortgage bonds, upon the completion of each section of ten miles, in the same ratio that the first mortgage bonds are guaranteed, and no faster; and his Excellency the Governor is hereby authorized and directed to deliver said second mortgage bonds of said company, received as aforesaid, to the Treasurer of the State of Georgia, as the property of the State. On the first day of April and October in each year, when the semi-annual coupons or interest warrants of said second mortgage bonds, amounting to eighty-two thousand two hundred and fifty dollars, ($82,250) become due and payable, the Treasurer of the State of Georgia shall receive the same, if paid by said company, and shall appropriate sixty-five thousand and eight hundred dollars of the same, or so much thereof as shall be necessary to the

Page 12

payment of the semi-annual interest of the State bonds hereby authorized to be issued. The coupons or interest warrants upon which will be due sixty days thereafter, and the balance of sixteen thousand four hundred and fifty dollars, or such larger sum as shall be left, owing to the payment and cancelment of any part of the said State bonds, as is herein provided for, shall be used by said Treasurer to buy in and cancel the bonds of the State of Georgia, in case the same can be purchased at any price less than one hundred and five cents on the dollar, and in case the bonds cannot be purchased at said price, then said surplus shall be deposited for accumulation in some institution to be designated by the Governor, to meet said bonds at their maturity. If said Brunswick and Albany Railroad Company shall fail to pay any semi-annual interest upon said second mortgage bonds, held and owned by the State of Georgia, when the same shall become due and payable, and shall suffer such default for the space of sixty days, or shall fail for the space of sixty days, to deposit the sinking fund of two per cent. per annum, as provided for in and by the deed of trust, the Governor, for the time being, shall at once take possession of the railroad, and all its franchises, and all the rolling stock and personal or real property belonging thereto or connected therewith, in the name of and for the benefit of the State of Georgia, and shall cause the same to be operated and run and the receipts for the same over and above the current expenses paid into the treasury of the State of Georgia until such earnings shall fully pay and discharge the interest due upon said bonds and all costs and expenses incurred in running and managing said road; and if any part of said interest shall still remain unpaid, after deducting from the same all the receipts of said road paid into the said treasury as aforesaid, and the said company, not before the end of six months after the Governor shall have so taken possession of said road, pay and discharge the same in full, then and in that case, the said company shall be ipso facto fully and entirely foreclosed of all right, title and equity in said road, and the same shall belong absolutely to the State of Georgia to sell, dispose of or run and operate forever without any further process of law or proceeding whatever. And be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved October 12, 1870.

Page 13

[No. 6.O. 196.] An Act to amend an act to incorporate the Savannah Bank Trust Company of Savannah, approved March 4, 1869. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the twelfth section of an act to incorporate the Savannah Bank Trust Company of Savannah, approved March 4, 1869, is hereby amended by the words, and may charge and receive, in addition to 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 bonds, bills of exchange, promissory notes, or borrowing money from said company, being added thereto. Sec. 2. Repeals conflicting laws. Approved October 25, 1870. [No. 7.O. 287.] An Act for the relief of Powell Blassingame and Dorothea Blassingame, and Mitchell Aaron and Sarah Walker, and to legalize their intermarriage. Whereas, Powell Blassingame and Dorothea Blassingame, and Mitchell Aaron and Sarah Walker were ignorantly married, without knowing that such intermarriage was prohibited by law: Section 1. Be it enacted by the General Assembly of Georgia , That the intermarriage of the said Powell Blassingame and Dorothea Blassingame, and Mitchell Aaron and Sarah Walker, are hereby legalized, and the children of the said Powell and Dorothea Blassingame, and Mitchell Aaron and Sarah Walker, are hereby legitimated. Sec. 2. That the said Powell and Dorothea Blassingame, and Mitchell Aaron and Sarah Walker, are hereby relieved from all pains and penalties incurred on account of said intermarriage. Approved October 26, 1870.

Page 14

[No. 8.O. 328.] An Act to prevent the corporate authorities of the city of Darien from authorizing Inspectors and Measurers of lumber and timber, in the port of Darien, to charge more than twenty cents per thousand feet of lumber and timber, 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 shall have no power to authorize or empower inspectors and measurers of lumber, and timber in the port of Darien, to charge more than twenty cents per thousand feet for inspecting and measuring lumber and timber. Sec. 2. That any inspector or measurer of lumber and timber in the port of Darien, who shall charge more than twenty cents per thousand feet, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined five hundred dollars, one-half of which shall go to the informer. Sec. 3. That parties desiring rafts broken up and timber turned over for measurement may have it done at their own expense. Sec. 4. Repeals conflicting laws. Approved October 27, 1870. [No. 9.O. 354.] An Act to incorporate the Southern Bank of the State of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That John Screven, E. C. Anderson, John McMahon, Thomas Arkwright, Thomas Wills, A. P. Wetter, John Flannery, of Savannah, Georgia, and Eugene Kelly, 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 Southern Bank of the State of Georgia; 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. Sec. 2. That the capital stock of said bank shall not exceed five million dollars, divided into shares of one hundred dollars each; but when five hundred thousand dollars thereof shall have been actually subscribed, and two hundred thousand dollars paid in, in cash, the said bank may organize and proceed to business under this act. Sec. 3. That said bank shall have power to make advances to planters, for the purpose of developing the agricultural interest of

Page 15

the State, upon loans and mortgages, or part interest in the crop to be raised. It shall also have power to receive deposits of money and other valuables, to buy and sell bonds, bills of exchange and promissory notes, and to advance and loan money, securities and credits; may charge and receive commissions on advances of money, and negotiate loans upon such terms and conditions, and at such rates of interest as may be agreed upon between said bank 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 said bank 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, or affecting real, personal or mixed property; and may cancel or assign the same; and said bank shall have power to purchase, hold, sell, exchange and convey land 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. Sec. 4. That the said bank shall have power to receive money 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; shall have power to accept and execute all such trusts of every description, as may be committed to it by any person or persons, whatsoever, or any corporation, or may be committed or transferred to it by order 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 on 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 thereto. Sec. 5. That the business and corporate powers of said bank shall be exercised by a board of not less than five, nor more than thirteen directors, to be chosen as hereinafter provided, who shall elect from their number a president, and may declare by by-law what number of said directors shall be a quorum for the transaction of business. Sec. 6. That John Screven, E. C. Anderson, John McMahon, Thomas Arkwright, Thomas Wills, A. P. Wetter, John Flannery, of Savannah, and Eugene Kelly, of New York, the persons named in the first section of this act, shall be, and they are hereby appointed commissioners to open books for subscription to the capital stock of said bank at such time and place and for such amount as they or a majority of them shall deem proper, but for no less amount of subscriptions than one hundred dollars as heretofore provided; the persons named in the first section of this act shall be directors of said bank for one year after the passage of this act; they shall add to their number, for the same period by an election to be held before the first day of January, 1871; said election to be called by the said commissioners at such place as they may designate;

Page 16

vacancies occurring in the board of directors during the intervals of election shall be filled by said board. Sec. 7. That the board of directors shall have power to establish agencies for the transaction of the business of said bank, at any place they may think proper in this State, 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 it shall 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 property, the government of the officers, and the regulation and conduct of the affairs of said bank; and may adopt a corporate seal, and change the same at pleasure. Sec. 8. 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 acting chairman or secretary. Stockholders shall be entitled to certificates of their respective shares of capital stock, which shall be transferable as provided in such certificates; 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 shareholder, 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 bank may require. Sec. 9. That the board of directors, out of the funds of said bank, 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. Sec. 10. That the capital stock of said bank may, at any time, be increased to any amount not exceeding in the aggregate five millions 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 said bank. Sec. 11. That the rate of interest charged shall not exceed the legal rate of interest of this State. Sec. 12. That 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. Sec. 13. That this act shall take effect immediately upon its passage, and shall continue in force for thirty years thereafter. Sec. 14. Repeals conflicting laws. Approved October 27, 1870.

Page 17

RESOLUTIONS. [No. 1.O. 7.] Resolved , 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. 2. Resolved , That for the same reasons, the tax act of 1869 be, and it is hereby, continued in full force and effect until otherwise ordered by the General Assembly. 3. Resolved , That the interest and principal upon the public debt accruing prior to July 1, 1870, be paid as it becomes due in accordance with the sections of the Code relating to said subject. 4. Resolved , That a joint committee, of three from the Senate and five from the House, be appointed whose duty it shall be to make a full and thorough examination into the condition and management of the finances of the Western Atlantic Railroad, since the time said road was placed under the supervision of the present superintendent, also at the time said road was placed under his control, and also, as to the general management of said road, and, especially, said committee be directed to inquire what have been the entire earnings and receipts of said road; what the necessary and actual working expenses; and what disposition has been made of the profits of said road; what contracts have been made for material and supplies for said road, outside of the State of Georgia; with whom were such contracts made; by whom made; with whose approval; who were interested in those contracts; were any discounts made upon the purchases so made; and who were interested in the said discounts; inquire how cross-ties, wood and other railroad material are procured within the State of Georgia; what prices are paid, and what employees or officers are interested in procuring such material and supplies; whether any officers or employees of the road are interested in eating houses where the road employees are fed, in warehouses where goods shipped over the road are stored and brick-yards where the brick manufactured are furnished parties not connected with the road; whether any property of the road has been taken by officers or employees of the road and appropriated to their own use; whether any officers and employees

Page 18

of the road have received or collected any of the earnings of the road, or money on account thereof and have failed to pay the same over to the treasurer of the road, and have paid the same to other persons than the treasurer; what quantity of goods have been lost after receipt for shipment by the road, and how these losses happened, and whether any officers or employees were interested in or benefited by the said losses; the extent to which overcharges have been made for freight; how these overcharges are made, and whether any officers or employees of the road were interested in or benefited by these overcharges; what number of persons were in the employment or pay of the road during the year 1869; the number during each month, and what number have been employed since the first day of January, 1870; whether there are any persons in the employment of the road or receiving pay from the same whose names do not appear upon the regular pay-rolls of the road; how many person and what persons have been put in the pay of the road since the 18th of February, 1870, and the services rendered by said persons; what number of persons have been employed by said road, in fact or ostensibly, to hunt up lost cars, how many lost cars have been found and the cost of finding them; what amounts have been paid for printing purposes, and what amounts have been loaned or allowed to be, and by what officers or employees or other persons, for other than railroad purposes; what members of the General Assembly have been and are in the employment of the road; what officers of the road, who by law are required to give bond and security for the proper discharge of their duty, have failed to execute the bonds with the security required by law and render a full and complete report to the General Assembly at its meeting after adjournment. 5. Resolved , That a similar joint committee be appointed, whose duty it shall be to visit the Penitentiary and the different places where the convicts are employed, and make a thorough examination into the condition and manner of the treatment of said convicts, and render a full report to the General Assembly on its reassembling. 6. Resolved , That each of said committees be authorized to employ a clerk fully competent to discharge the duties, and that each of said committees be authorized to send for persons and papers and administer oaths. Whereas, There exists great doubt and uncertainty as to the validity of the proceedings of the several courts of this State, and of the acts of the civil officers of this State: therefore, with the view of preventing confusion 7. Resolved , That all proceedings in the several courts of this State, founded on any debt or contract made or entered into prior to the first day of June, 1865, and all levies and sales by virtue of any execution so founded, shall be, and are hereby, stayed until

Page 19

twenty days after the meeting of the next General Assembly. 8. Resolved , That the General Assembly, in compliance with the just demands of the people, earnestly appeal to Major-General A. H. Terry to enforce the above resolutions, after their approval by the Executive of this State. 9. Resolved , That the Legislature, after disposing of the business before it, adjourn until the first Wednesday in July next, unless sooner called together by his Excellency the Governor. Approved May 4, 1870. HEADQUARTERS MILITARY DISTRICT OF GEORGIA, Atlanta, May 17, 1870. In compliance with the request of the General Assembly, contained in the eighth of the within resolutions, the first, second, third, fourth, fifth and sixth of the within resolutions are hereby declared to be in force, and to be of as full effect as if the State of Georgia had previously to the passage thereof been admitted to representation in the Congress of the United States. ALFRED H. TERRY, Brevet Major-General Commanding. [No. 2.O. 10.] Whereas, Governor Bullock has drawn his warrants upon the Treasurer in favor of certain persons for printing done for the Executive Department which have been duly countersigned by the Comptroller-General; and Whereas, The State Treasurer, N.L. Angier, has declined to pay the same, inasmuch as the said warrants, in his opinion, are drawn improperly upon the Printing Fund: therefore Resolved by the Senate and House of Representatives , That the Treasurer be authorized and required to pay said warrants, and any other warrants regularly issued by the Executive, and countersigned by the Comptroller-General, in accordance with law, out of any moneys in the treasury not otherwise appropriated. Approved May 5, 1870. HEADQUARTERS MILITARY DISTRICT OF GEORGIA, Atlanta, May 17, 1870. The within resolution is hereby declared to be in as full force and effect as if the State of Georgia had been admitted to representation in the Congress of the United States previous to the passage thereof. ALFRED H. TERRY, Brevet Major-General Commanding

Page 20

[No. 3.O. 15.] Resolved by the House of Representatives, (the Senate concurring therein ,) That the Treasurer be, and he is hereby, authorized to advance to each member of the General Assembly the sum of one hundred and fifty dollars, and the same amount to the door-keepers, messengers and constitutional clerks, and the sum of five dollars a day to the assistant door-keepers and assistant messengers, and the sum of five dollars a day to the door-keepers and guards of the galleries, and the sum of one hundred dollars to each of the clerks of the Finance and Judiciary Committees, and the sum of two dollars a day to each page of the House of Representatives, and there shall be four pages for the House. Approved August 15, 1870. [No. 4.O. 34.] Whereas, A resolution has been adopted by this General Assembly withholding all railroad bills from his Excellency the Governor until all were acted on; and Whereas, A large number, if not all, have been acted on; and Whereas, The number already acted on will occupy his Excellency the Governor for a considerable time in their examination: therefore be it Resolved , That the aforesaid resolution be, and the same is hereby, repealed. Resolved further , That the officers of each House be requested to transmit at once all railroad bills to his Excellency the Governor. Approved October 17, 1870. [No. 5.O. 26.] Be it resolved by the General Assembly of the State of Georgia , That the Governor be, and he is hereby, authorized to draw his warrant for the sum of two thousand and five hundred dollars in favor of the State Printer as advance pay upon the printing of 1870; the same to be deducted from the State Printer's account upon a final settlement for the printing of 1870. Approved October 12, 1870.

Page 21

REPORT. The undersigned, a joint committee appointed by the House and Senate, to take into consideration the communication of his Excellency, the Governor of this State, submitting the proposition for settlement made by the heirs of Samuel Mitchell in relation to certain lands heretofore donated to the State by said Mitchell in his lifetime, beg leave to report That they have carefully considered the whole matter, and recommend that the proposition of settlement, made by the said heirs of Samuel Mitchell, be accepted, and that his Excellency the Governor, be and he is hereby authorized and directed to execute a deed, in terms of such compromise to the heirs of Samuel Mitchell, upon compliance by said heirs with the proposition communicated by his excellency the Governor of the State. John Harris, Chairman Senate Committee. C. J. Wellborn, Josiah Sherman. Approved, October 25, 1871.

Page 22

INDEX TO ACTS. No. 1. To increase the capital stock of the Georgia Railroad Company page 5 No. 2. To give State aid Fort Valley Hawkinsville Railroad page 5 No. 3. To change county lines between Henry and Butts, and Glascock and Warren page 7 No. 4. To repeal act changing certain county lines page 5 No. 5. To amend an act aiding Brunswick Albany Railroad page 8 No. 6. To incorporate Savannah Bank Trust Company page 13 No. 7. For relief of P. and D. Blassengame and others page 13 No. 8. Relative to Inspectors and Measurers of lumber in city of Darien page 14 No. 9. Incorporating Southern Bank of Georgia page 14 INDEX TO RESOLUTIONS. No. 1. Continuing in force appropriation act of 1869; also, tax act of 1869; also, to pay interest on public debt; also, appointing committee to examine Western Atlantic Railroad; also, to visit Penitentiary; also, to authorize committee to employ clerks; also, to stay certain proceedings in courts of this State; also, appealing to General Terry to enforce certain resolutions; also, relative to adjournment of General Assembly pages 17 , 18 , 19 No. 2. Authorizing Treasurer to pay certain warrants page 19 No. 3. Authorizing Treasurer to advance to officers and members of General Assembly page 20 No. 4. Repealing resolution to withhold railroad bills granting State aid page 20 No. 5. Authorizing Governor to draw his warrant in favor of State Printer page 20 Report on proposition for settlement of Mitchell claim 21