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: W. A. HEMPHILL CO. 18720700 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT ITS SESSION IN JULY AND AUGUST, 1872. 18720700 18720800 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GEORGIA: W. A. HEMPHILL CO., PUBLIC PRINTERS. 1872.

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TABLE OF TITLES. PART IPUBLIC LAWS. Title I.BONDS OF THE STATE. Title II.CODEAmendments to. Title III.CONGRESSIONAL DISTRICTS. Title IV.CONSTITUTION OF GEORGIA. Title V.CORPORATIONS. Title VI.COUNTY OFFICES. Title VII.CRIMES. Title VIII.DENTISTRY. Title IX.ELECTIONS. Title X.EXECUTORS, Etc. Title XI.EXEMPTIONS. Title XII.FENCES AND STOCK. Title XIII.JUDICIARY. Title XIV.KEROSENE OIL. Title XV.LAND. Title XVI.MILITARY COMPANIES. Title XVII.PRIVATE WAYS. Title XVIII.PUBLIC SCHOOLS. Title XIX.TAXES. Title XX.TELEGRAPH COMPANIES. Title XXI.TERM OF OFFICE. Title XXII.TURNPIKE ROADS. PART IILOCAL AND PRIVATE LAWS. Title I.CORPORATIONS. Title II.COUNTIES AND COUNTY REGULATIONS. Title III.MISCELLANEOUS. Title IV.PRIVATE LAWS.

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GEORGIA LAWS 1872 The following Act is found in Original Volume V of Georgia Laws 1872 and is not in Printed Volume Georgia Laws 1872 Adj.: (HB 273) An Act to repeal certain acts therein mentioned so far as the same may relate to the Georgia State Lottery. Approved August 24, 1872. Pages 210-213.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1872. PART I.PUBLIC LAWS. TITLE I. BONDS OF THE STATE. Section. 1. The State's indorsement on bonds of the Bainbridge, Cuthbert Columbus Railroad Company declared void. 2. Payment prohibited. 3. State gold bonds in aid of Brunswick Albany Railroad Company declared void. 4. Payment prohibited. 5. Second mortgage bonds of Brunswick Albany Railroad Company, now in the treasury, to be delivered to persons surrendering gold bonds. Section. 6. State's guaranty on bonds of Cartersville Van Wert Railroad Company declared void. 7. Payment prohibited. 8. The State's indorsement on bonds of the Brunswick Albany Railroad Company declared void. 9. Payment prohibited. 10. Quarterly gold bonds issued under the act of September 15, 1872, declared void. (No. 1O. No. 36.) An act declaring the indorsement of the State's guaranty upon the bonds of the Bainbridge, Cuthbert Columbus Railroad Company to be null and void, and prohibiting the Governor of Georgia, the Treasurer, or any other officer of the State, from paying the principal or interest on the same. 1. Section I. The General Assembly of the State of Georgia do enact , That the indorsement of the State's guaranty upon the bonds of the Bainbridge, Cuthbert Columbus Railroad Company was null and void, and not binding upon the State. Bonds of B., C. C. R. R. Co. declared void.

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2. Sec. II. Be it further enacted , That, from and after the passage of this act, it shall not be lawful for the Governor, the Treasurer, or any other officer of the State, to pay the principal or interest, or any part thereof, on said bonds, or in any manner to recognize the validity of said indorsement. Payment of principal or interest prohibited. Sec. III. Repeals conflicting laws. Approved August 15, 1872. (No. 2O. No. 39.) An act declaring null and void and unconstitutional the issue of State gold bonds in aid of the Brunswick Albany Railroad Company, under the act of October 17, 1870, and to prohibit the Governor of Georgia, the Treasurer, or any other officer of the State, from paying the principal or interest on the same. 3. Section I. The General Assembly of the State of Georgia do enact , That the issuance of State gold bonds in aid of the Brunswick Albany Railroad Company, under the act of October 17, 1870, was unconstitutional, null and void, and not binding upon the State. Gold bonds B A. R. R. declared void. 4. Sec. 2. That, from and after the passage of this act, it shall not be lawful for the Governor, the Treasurer, or any other officer of the State, to pay the principal or interest, or any part thereof, on said bonds, or in any manner to recognize the validity of said bonds. Payment prohibited. 5. Sec. III. Be it further enacted , That the second mortgage bonds of the Brunswick Albany Railroad, now in the State Treasury, be delivered to the holders of the said bonds, issued under act of October 17, 1870, whenever said gold bonds shall be surrendered to the State Treasurer by the duly authorized agent of the company, or by the said second mortgage bonds, to be delivered at the rate of ten second mortgage bonds for eight of the gold bonds. Second Mortgage bonds B. A. Railroad to be delivered. Sec. IV. Repeals conflicting laws. Approved August 16, 1872.

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(No. 3O. No. 40.) An act declaring null and void the indorsement of the State's guaranty on the bonds of the Cartersville Van Wert Railroad Company, and the indorsement of the State's guaranty upon the bonds of the Cherokee Railroad Company, and prohibiting the Governor, the Treasurer, or any other officer of the State, from paying the principal or interest on the same. 6. Section I. The General Assembly of the State of Georgia do enact , That the indorsement of the State's guaranty upon the bonds of the Cartersville Van Wert Railroad Company, and upon the bonds of the Cherokee Railroad Company, was null and void, and of no effect upon the State. Bonds of C Van W. R. R. declared void. 7. Sec. II. That, from and after the passage of this act, it shall not be lawful for the Governor, the Treasurer, or any other officer of the State, to pay the principal or interest, or any part thereof, on said bonds, or in any manner recognize the validity of said indorsement. Payment prohibited. Sec. III. That all laws in conflict with this act are hereby repealed. Approved August 16, 1872. (No. 4O. No. 41.) An act declaring the indorsement of the State's guaranty on the bonds of the Brunswick Albany Railroad Company, under act of March , 1869, to be null and void, prohibiting the Governor of Georgia, the Treasurer, or any other officer of the State, from paying the principal or interest on the same. 8. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That the indorsement of the State's guaranty upon the bonds of the Brunswick Albany Railroad Company was null and void, and of no binding effect upon the State. Bonds of B A. R. R. declared void. 9. Sec. II. Be it further enacted , That, from and after the passage of this act, the Governor, the Treasurer, or any other officer of the State, is prohibited from paying the principal or interest, or any part thereof, on said bonds of the Brunswick Albany Railroad Company, or in any manner recognizing the validity of said indorsement. Payment prohibited. Sec. III. Repeals conflicting laws. Approved August 16, 1872.

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(No. 5O. No. 163.) An act to declare void certain quarterly gold bonds of this State, issued under act of September 15, 1870, and for other purposes . 10. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That the quarterly gold bonds of this State, issued under the act of 15th September, 1870, and now held by Henry Clews Co., of New York, and numbered as follows, to-wit: Numbers 1825, 1826, 2591 to 2600, both inclusive, 1771 to 1774, both inclusive, 1741, 1633, 1629, 1630, 1010, 797, 798, 2501 to 2575, both inclusive, 1791, 1792, 1811 and 1840, be, and they are hereby, declared void and of no binding force against the State of Georgia. Certain gold bonds declared void. Sec. II. Repeals conflicting laws. Approved August 23, 1872. TITLE II. CODEAMENDMENTS TO. No. Act. Subjects. Sec. of Code. 6. REPLEVY BONDS IN ATTACHMENT CASES 3243 7. OPPROBRIOUS WORDS AND ABUSIVE LANGUAGE 4306 8. DISPOSITION OF EQUITY CAUSES 4146 9. ROAD DUTY BY RAILROAD HANDS 675 10. LARCENY FROM THE HOUSE 4348 11. COUNTY JUDGES 2718 12. REWARDS 61 (No. 6O. No. 230.) An act to alter and amend section 3243 of Irwin's Revised Code . 1. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That, from and after the passage of this act, section 3243, of Irwin's Revised Code be amended as follows: strike out all after the word case, in

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the seventh line, to the word to, in the eleventh line, and insert in lieu thereof the following words, to-wit: Provided , The property levied upon shall be equal to, or exceed, in value the amount of the debt sworn to be due; but in case the property levied upon shall be of less value than the amount of the debt claimed to be due, then the said bond shall be in double the amount of the property levied upon, to be judged of by the levying officer. Replevy bondam't of in attachment cases. Sec. II. Repeals conflicting laws. Approved August 24, 1872. (No. 7O. No. 263.) An act to amend section 4306 of the Revised Code of Georgia . 2. Section I. Be it enacted, etc. , That section 4306 of the Code of Georgia be amended by adding the following proviso at the close of said section: Provided , That no court in this State shall have jurisdiction to inquire into the offenses above set forth, except the Superior Court, upon presentment made, or indictment found by the grand jury of the county in which the offense has been committed. Section 4306 CodeSuperior Courts to try offenses named in. Sec. II. Repeals conflicting laws. Approved August 24, 1872. (No. 8O. No. 136.) An act to amend section 4146 of Irwin's Revised Code . 3. Section I. Be it enacted by the General Assembly of the State of Georgia , That after the last word in said section the following words shall be added: but parties to bills in equity may, by consent, dispose of all equity causes at the first term, if service has been properly perfected. Equity causesdisposition of at 1st term. Approved August 23, 1872.

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(No. 9O. No. 156.) An act to amend section 675 of the Code of Georgia . 4. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, section 675 of the Code of Georgia be amended by striking out the words two dollars and fifty cents, in the fifth and sixth lines of said section, and inserting in lieu thereof the words one dollar. Railroad hands may pay $1.00 in lieu of road duty. Sec. II. Repeals conflicting laws. Approved August 23, 1872. (No. 10O. No. 165.) An act to amend section 4348 of Irwin's Revised Code, and for other purposes . 5. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, section 4348 of Irwin's Revised Code, which reads as fol-follows: Any person who, by day or night, shall, in any dwelling house, store, shop, or warehouse, or any other house or building, privately steal any goods, money, chattels, wares, or merchandise, or any other article, or thing of value, shall be punished as prescribed in section 4245 of this Code, be so amended, as to read as follows: Any person who, by day or night, shall, in any dwelling house, store, shop, or warehouse, or any other house, or building, within the curtilage, privately steal any goods, money, chattels, wares, or merchandise, or any other article, or thing, of value of fifty dollars or more, shall be punished by imprisonment and labor in the Penitentiary for any time not less than one nor longer than ten years. Larceny from the House a felonywhen. Sec. II. Repeals conflicting laws. Approved August 23, 1872. (No. 11O. No. 285.) An act to repeal section 2718 of Irwin's Revised Code . 6. Section I. Be it enacted by the General Assembly of the State of Georgia , That said 2718th section of said Code be,

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and is hereby repealed, so far as the same may affect cases to be tried by the County Judge in those counties where such Judge exercises civil jurisdiction, and such Judge may determine the issues therein provided, as in other civil cases, with the same rights of defendant as to certiorari and appeal. County Judge may try issues of factwhen. Approved August 26, 1872. Note.This act allows the County Judge to try issues of fact without the intervention of a jury in civil cases. (No. 12O. No. 314.) An act to alter and amend section 61 of the Revised Code of Georgia, in relation to rewards for arrest of felons . 7. Section I. The General Assembly of the State of Georgia do enact , That section 61 of the Revised Code of Georgia be, and the same is hereby, amended so as to read as follows: The Governor shall, in his discretion, offer and cause to be paid, rewards for the detection or apprehension of the perpetrator of any felony committed within this State; such reward not to exceed the sum of two hundred and fifty dollars, ($250,) in cases of felonies not capital, and not to exceed the sum of five hundred dollars ($500) in capital felonies; but no such reward shall be paid to any officer who shall arrest such person in the regular discharge of his duty by virtue of process in his hands to be executed, nor to any person who has arrested the offender previous to the publication of the reward. Rewards for arrest of Felons. Amount of. Officer arresting in discharge of duty not entitled to. Approved August 26, 1872. Note.The amount of the reward was, before the passage of this act, entirely in the Governor's discretion.

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TITLE III. CONGRESSIONAL DISTRICTS. Section. 1. First District. 2. Second District. 3. Third District. 4. Fourth District. 5. Fifth District. Section. 6. Sixth District. 7. Seventh District. 8. Eighth District. 9. Ninth District. (No. 13O. No. 29.) An act to lay out and establish Congressional Districts in this State, in conformity with the last apportionment of representation in the Congress of the United States. 1. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, there shall be in this State nine congressional districts, which shall be as follows, to-wit: The First District shall include the counties of Appling, Bryan, Bulloch, Burke, Camden, Charlton, Chatham, Clinch, Echols, Effingham, Emanuel, Glynn, Liberty, McIntosh, Pierce, Screven, Tatnall, Ware and Wayne. Congressional Districts. First District. 2. The Second District shall include the counties of Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Decatur, Dougherty, Early, Lowndes, Miller, Mitchell, Quitman, Randolph, Terrell, Thomas and Worth. Second District. 3. The Third District shall include the counties of Coffee, Dodge, Dooly, Irwin, Lee, Macon, Montgomery, Pulaski, Schley, Stewart, Sumter, Taylor, Telfair, Webster and Wilcox. Third District. 4. The Fourth District shall include the counties of Campbell Carroll, Chattahoochee, Coweta, Douglas, Harris, Heard, Marion, Meriwether, Muscogee, Talbot and Troup. Fourth District. 5. The Fifth District shall include the counties of Crawford, Clayton, DeKalb, Fayette, Fulton, Henry, Houston, Milton, Monroe, Pike, Spalding and Upson. Fifth District. 6. The Sixth District shall include the counties of Baldwin, Bibb, Butts, Jasper, Jones, Laurens, Newton, Putnam, Rockdale, Twiggs, Walton and Wilkinson. Sixth District. 7. The Seventh District shall include the counties of Bartow, Catoosa, Chattooga, Cherokee, Cobb, Dade, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whitfield. Seventh District.

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8. The Eighth District shall include the counties of Columbia, Elbert, Glascock, Green, Hancock, Hart, Jefferson, Johnson, Lincoln, McDuffie, Oglethorpe, Richmond; Taliaferro, Warren, Washington and Wilkes. Eighth District. 9. The Ninth District shall include the counties of Banks, Clarke, Dawson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Hall, Habersham, Jackson, Lumpkin, Madison, Morgan, Pickens, Rabun, Towns, White and Union. Ninth District. Sec. II. Repeals conflicting laws. Approved July 30, 1872. Note.This act divides the State according to the last apportionment of members of the House of Representatives of the United States Congress, and thus changes section 42 of the Code of Georgia. TITLE IV. CONSTITUTION. Section. 1. Third parties may file pleaswhen. 2. Petition to Superior Court by persons laboring under disabilityfrom granting divorce. 3. Said petition may be resistedby whom. Section. 4. Application to be tried at first term. 5. Rules of practice in such cases. 6. Jurorsterm of service of. (No. 14O. No. 138.) An act to amend an act approved October 24, 1870, entitled 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, and to carry into effect article five, section three of the Constitution of this State. 1. Section I. The General Assembly do enact , That, in any case now pending, or hereafter to be brought in any of the courts of law or equity, when, by law, pleas are required to be made under oath, as issueable defenses, and the defendant shall fail or refuse to make his plea, as required by law, any party interested, showing to the satisfaction of the court his or her interest, may make his or their plea or pleas, and such plea or pleas shall be as good in law as if made by the

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real defendant to the record: Provided , Said party shall swear that they are interested in the event of the suit, and that the defendant fails or refuses to make such pleas. Pleas may be filed by third partieswhen. Proviso. Approved August 23, 1872. Note.Before the passage of this act, as a rule, only parties defendant in the record could file pleas. (No. 15O. No. 247.) An act to carry into effect the latter part of the second clause of section eleven, article six of the Constitution, and for other purposes. 2. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That, from and after the passage of this act, when any person, laboring under disabilities imposed by the granting of a divorce by the courts, shall desire to be relieved of the same, such person shall petition the Superior Court of the county wherein the divorce was granted, in which petition there shall be stated the date of the application for the divorce, the grounds of the divorce, and the substance of the last verdict, which petition shall be filed with the Clerk of the Superior Court of said county, and notice of said application shall be published for sixty days before the first day of the term of the court to which the same is returnable, in the newspaper wherein the legal advertisements of the Ordinary or Sheriff of such county are published, and where and when the same is to be heard; and if the divorced person is in life, and resides in the county, such divorced person shall be served personally with a notice of such application, twenty days before the first term of the court to which the same is returnable. Persons under disabilities imposed by granting divorce. May petition Superior Court. Advertisedhow. Notice of application; upon whom served. 3. Sec. II. Be it further euacted , That it shall and may be lawful for the divorced person, or any citizen of the county, to resist said application, and should no person resist the same, then the Solicitor General shall represent the State, with full power to resist the same as in ordinary divorce cases. 4. Sec. III. Be it further enacted , That said application shall be tried at the first term of the court, by a special jury selected from the grand jury, who shall hear all the facts, and if, in their judgment, the interest of the applicant or of society demands the removal of such disabilities, the jury shall so find, and the party relieved shall be allowed to contract a second marriage, as though no marriage had ever existed between such applicant and the divorced person. Application tried at 1st. term. Jury may remove disabilities.

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5. Sec. IV. Be it further enacted , That all the statutes and rules in reference to continuances in other cases in the Superior Court, shall apply to the applications herein provided for. Rules of practice in such cases. Sec. V. Repeals conflicting laws. Approved August 24, 1872. Note.The powers hereby conferred have heretofore been exercised by the General Assembly. (No. 16O. No. 176.) An act to amend an act entitled an act to carry into effect the second clause of the thirteenth section of the fifth article of the Constitution, assented to February 15, 1869. 6. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted , That the sixth section of the above recited act be amended by the addition of the following words to said section: Provided , That no citizen shall be compellable to serve on the grand or petit jury of the Superior Court, or on any jury in other courts, exceeding four weeks in any year: Provided , That no citizen shall be allowed to serve on the petit jury of the Superior Courts, or as a tales juror in any criminal cause, or on any jury in other courts exceeding four weeks in any one year, unless actually engaged upon the trial of a cause when said four weeks expire, in which case said juror shall be discharged as soon as the cause is decided. Grand Jurorshow long compelled to serve. Petit Jurors. Proviso. Sec. II. Repeals conflicting laws. Approved August 23, 1872.

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TITLE V. CORPORATIONS. Section. 1. Towns and villages heretofore incorporated not affectedhow. 2. Towns and villages may be incorporated by Superior Court. 3. People to vote for or against incorporation. 4. Certificate of incorporation. 5. Charter election. 6. Municipal authorities. 7. Terms of office. 8. Annual election. 9. Franchises not forfeitedwhen. 10. Qualified voters. 11. Vacancies in office. 12. Council meetings. Section. 13. Powers and duties of Council. 14. Taxes. 15. Streetswork on. 16. License. 17. Marshal shall collect tax, etc. 18. Lien of taxes. 19. Powers and duties of Mayor. 20. Compensation for Mayor, etc. 21. Payment of jail fees. 22. Extension of town limits. 23. Officers may not contractwhen. 24. Debthow created. 25. Academies and ChurchesSuperior Court may incorporate. (No. 17O. No. 355.) An act to prescribe the manner of incorporating towns and villages in this State. 1. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, the towns and villages heretofore established in this State shall remain subject to the laws now in force applicable thereto, respectively; and the provisions hereinafter set forth shall be deemed applicable only to towns and villages hereafter established, except that the council of a town or village heretofore established may exercise all the powers conferred by this act, although the same may not be conferred by their charter, and as far as this act confers powers on a town or village council not conferred by the charter of any such town or village, the same shall be deemed an amendment to said charter. Towns and villages subject to this actwhen. 2. Sec. II. Be it further enacted , That whenever the qualified voters of any town or village, not incorporated, consisting of not less than one hundred, wish to be incorporated, a petition shall be filed, by at least twenty of the male inhabitants of such town or village, in the Superior Court of the county in which the inhabitants reside, stating in such petition the proposed boundaries of such town, and the name to be given, if incorporated. The persons intending to make such application shall give notice that they will apply, on some day therein specified, to said Superior Court as aforesaid,

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and shall also specify in such notice a day on which all the qualified voters residing in the proposed boundaries of such town will meet to vote upon the question of incorporation, which said notice shall, if there be a newspaper printed within such territory, be printed therein once in each week for four successive weeks previous to the time specified for making such application and taking such vote; and if there be no such paper, the notice shall be posted in at least three of the most public places in such territory, for four weeks at least before the time so specified therein. Incorporated by the Superior Courtwhen. Boundaries and name. Notice of application for charter. 3. Sec. III. Be it further enacted , That on the day mentioned in such notice for the taking of the vote mentioned in the second section, the qualified voters, residing within the proposed bounds of such corporation, shall meet at the place named therein, and cast their votes for or against such incorporation. Each voter shall deposit a ballot in a ballot-box, to be provided for that purpose, with the words written or printed thereon, for incorporation, or against incorporation, which vote shall be taken under the superintendence of any three voters, within the said boundary, appointed for that purpose by the voters present, and the result of such vote shall be certified and returned by them, under oath, to the Superior Court of the county, in case a majority of all the qualified voters residing within such boundary shall vote in favor of such corporation. Electionhow held. Returns to be made to Superior Court. 4. Sec. IV. Be it further enacted , That upon the filing of such certificate, the Superior Court shall, by an order entered of record, direct the Clerk of said court to issue a certificate of the incorporation of such town or village, in form or in substance, as follows: A certificate under oath of A. B., C. D., and E. F., that a majority of the qualified voters in the following boundaries, to-wit, [here recite the boundaries] having been given in due form of law, in favor of the incorporation of the town or village of , in the county of , and it appearng to the satisfaction of the court that the provisions of this act have been complied with by the applicants for said incorporation, the said town or village is duly authorized, within the corporate limits aforesaid, to exercise all the corporate powers conferred by the Legislature of the State of Georgia, under the provisions of this act, from and after the date of this certificate. , Clerk. And from and after the date of such certificate, the territory embraced within the boundary mentioned in said certificate shall be an incorporated town, or village, by the name specified in the said notice and certificate. Certificate of Incorporation. 5. Sec. V. Be it further enacted , That at the term of ordering the certificate mentioned in the preceding section, the court shall appoint three legal voters, residing within the said territory, who shall act as inspectors at the first election to be held in said town or village as hereinafter provided, and in case they shall fail or refuse to act, the said election may be

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held, certified and returned by any three voters of said town or village, appointed for that purpose by the voters present. The first charter election for officers of such incorporation shall be held within sixty days from the date of the certificate mentioned in the fourth section, of which election, the appointed inspectors of election, or persons acting as such, shall cause at least two weeks' notice to be given of the time and place of holding such election, and the officers to be voted for. Such inspectors, or the persons acting as such, after taking the oath prescribed for superintendents of elections in the Code, shall preside and act as inspectors of election, and all the laws applicable to the election of county officers shall apply to such election, if not inconsistent with the provisions of this act; and such inspectors shall, within ten days after such election, grant a certificate to the persons elected, which shall be recorded among the records of such town or village. Inspectors of election. Failure to act. Charter Election. Notice. Oath of inspectors. Certificate to persons elected. 6. Sec. VI. That the municipal authortiies of such town or village shall be a mayor, a recorder and five councilmen, who together shall form a common council; but no person shall be eligible to either of said offices, unless, at the time of his election, he resides within the corporation. The mayor, recorder and councilmen of such town or village, as soon as they have been elected and qualified, as herein provided, and their successors in office, shall be a body politic and corporate, by the name of the town or village of , and shall have perpetual succession, and a common seal, and by that name may sue and be sued, plead and be impleaded, purchase and hold real estate necessary to enable them the better to discharge their duties, and needful for the good order, government and welfare of said town or village. All the corporate powers of such corporation shall be exercised by said council, or under their authority, except when otherwise provided. They shall also elect a treasurer and marshal, if they deem necessary, each of whom, when elected, shall enter into a bond, with sufficient sureties, approved of by the mayor, in such penalty as the board shall prescribe, payable to the corporation, conditioned faithfully to collect and pay over, as required by the board, all taxes, fines, forfeitures, and all other incomes of said corporation, and said officers shall continue in office during the pleasure of the council, and perform the duties respectively as herein prescribed, or as may be required by the council. Municipal authorities. Mayor, Recorder, and Councilmen Perpetual succession. Treasurer and Marshal. Bond of. 7. Sec. VII. Be it further enacted , That the officers first elected in such town or village shall hold their offices until their successors are elected and qualified. The terms of all officers elected, after the first election, shall commence on the first Tuesday in February in each year, and shall be for one year, and until their successors are elected and qualified. Term of office. 8. Sec. VIII. Be it further enacted , That after the first election of officers in such corporation, they shall be elected

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on every first Thursday in January, at such place in the town or village, and under such supervision, rules and regulations, not inconsistent with the laws regulating county elections, as the council may prescribe; and every person elected or appointed to an office in such corporation shall, within twenty days after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe the oath of office, which may be done before any person authorized by law to administer oaths, or before the mayor or recorder of such town or village, which oath, with the certificate of the officer administering the same, shall be filed with the recorder of the town or village. Annual election. Oath of officers elected. 9. Sec. IX. Be it further enacted , That the franchises of such corporation shall not be forfeited or discontinued by a failure to hold the election at the proper time; but the officer, or other person authorized by the act, or, on their failure, any Justice of the Peace therein, may at any time, on giving the inhabitants at least five days' notice thereof, by advertisement in some newspapers, or by written or printed notices at three or more public places in the corporation, hold such election; and the persons elected at such election shall have the same powers and authorities as if they had been elected at the regular period. Franchises not forfeited by failure to hold election. Election may be held at other than regular timeswhen. 10. Sec. X. Be it further enacted , That all persons who have been bona fide residents of such town or village for six months next preceding a charter election held therein, and who are qualified voters under the Constitution and laws of the State, and none others, shall be allowed at any charter election in said town; but no person shall be deemed a resident of any such town or village by reason of being a student of any school or college therein, or of being stationed therein for any temporary purpose. Qualified voters. 11. Sec. XI. Be it further enacted , That when a vacancy shall occur from any cause in the office of mayor, recorder, or in the council, the vacancy shall be filled by appointment by the council, from among the citizens of the town or village, eligible under this act. All contested elections shall be heard and decided by the council. Vacancies in officehow filled. 12. Sec. XII. Be it further enacted , That the council shall be presided over at its meetings by the mayor, or, in his absence, by one of the councilmen, elected by a majority of the council present, and a majority of the council shall be necessary to form a [Illegible Text] for the transaction of business. The council shall cause to be kept, in a well bound book, an accurate record of all its proceedings, by-laws, acts, orders and resolutions, which shall be fully indexed and open to the inspection of any one who is required to pay taxes to such town or village. At such meeting of the council, the proceedings of the last meeting shall be read, and corrected, if erroneous, and signed by the presiding officer for the time being. Upon the

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call of any member, the yeas and nays on any question shall be taken and recorded on the journal. The mayor, in case of a tie, shall have the casting vote. Council meetingMayor to preside. Quorum. Books of Record. Proceedings of Council. 13. Sec. XIII. Be it further enacted , That the council of such town or village shall have power therein to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, crosswalks, drains and gutters, for the use of the public, or of any of the citizens thereof, and to improve and light the same, and have them kept free from obstruction on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved, and kept in good order, free and clean, by the owners or occupants thereof, or of the real property next adjacent thereto; to establish and regulate markets; to prescribe the times of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep and other animals and fowls of all kinds from going at large in such town or village; to protect places of divine worshi in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide, in or near the town or village, places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and person of the citizens of such town or village, and to preserve peace and good order therein, and, for this purpose, to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the council, fix their term of service and compensation, require and take from them bonds, when deemed necessary, payable to such town on its corporate name, with such sureties and in such penalty as the council may see fit, conditioned for the faithful discharge of their duties; to erect, or authorize, or prohibit the erection of gas-works or water-works in the town; to prevent injury to, or pollution of the same, or to the water or healthfulness of the town; to regulate and provide for the weighing of hay, coal and other articles sold or for sale in the town; and to provide a revenue for the town, and appropriate the same to its expenses; to provide for the annual assessment of taxable property therein, and to adopt rules for the regulation and government of its own body; to carry into effect these enumerated powers and all others conferred upon such town or village, or its council, by this act, or by any future

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act of the Legislature of the State, the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the Constitution and laws of this State, and to prescribe, impose and enact reasonable fines, penalties and imprisonments in the county jail, or the place of imprisonment in said corporation, if there be one, for a term not exceeding thirty days, for a violation thereof. Powers and duties of. Streets. Markets. Hogs and Cattle. Churches. Nuisance. Powder. Cemeteries. Drainage. Peace and good order. Officers appointed by Council. Bonds of. Gas and waterworks. Revenue. Taxes. By-laws and ordinances. Fines, etc. Imprisonment. 14. Sec. XIV. That the council shall cause to be annually made up, and entered upon its journal, an accurate estimate of all sums which are or may be lawfully chargeable on such town or village, and which ought to be paid within one year, and it shall order a levy of so much as may, in its opinion, be necessary to pay the same; the levy so ordered shall be upon all dogs in the said town or village, and upon all the real and personal estate therein, subject to State and county tax: Provided , That the tax so levied shall not exceed one dollar on every hundred dollars of value thereof. Annual statement of indebtedness. Taxlevy of. Proviso. 15. Sec. XV. Be it further enacted , That every male resident of said town or village, not under sixteen nor over fifty years of age, shall, if required by the council thereof, work not exceeding fifteen days, by himself or an acceptable substitute, on the roads, streets and alleys of said town or village, under the direction of the superintendent of roads, streets and alleys, or may be released from such work upon the payment to the superintendent or council of such amount as may be fixed by the council; the money so paid to be used in the improvement of said roads, streets and alleys; and if said work and money so paid in is not sufficient to put and keep the roads, streets, alleys, sidewalks, crosswalks, drains and gutters of such town or village in good repair, the council thereof shall levy a tax on all the subjects of taxation therein, sufficient for that purpose, and to pay all other expenses incident thereto. Male residents to work streets May pay in lieu thereof. 16. Sec. XVI. Be it further enacted , That whenever anything for which State license is required is to be done within such town or village, the council may require a town or village license therefor, and may impose a tax thereon for the use of the town or village, and may also require a bond with sureties, conditioned as prescribed in the sixth section of the act, payable to such town or village in such penalty as it may think proper, and may revoke such license at any time if the condition of said bond be broken. State license. Town or village license. 17. Sec. XVII. Be it further enacted , That it shall be the duty of the marshal to collect the town or village taxes, fines, levies and assessments, and in case the same are not paid within one month after they are placed in his hands for collection, the council shall issue execution therefor, and the marshal may levy and sell therefor, in like manner and under the same regulation as the officers of the State are now authorized to levy and sell under other executions. Marshalduties of.

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18. Sec. XVIII. There shall be a lien on real estate within such town or village for the town or village taxes assessed thereon, and for all other fines and penalties assessed or imposed upon the owners thereof by the authorities of such town or village, from the time the same are so assessed or imposed, which shall have a priority over all other liens, except the lien due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the lien for county taxes, or in such other manner as the council may by ordinance prescribe. Lien for taxes. Dignity of. How enforced. 19. Sec. XIX. Be it further enacted , That the mayor shall be the chief executive officer of the town or village; he shall take care that the orders, by-laws, ordinances, acts and resolutions of the council are faithfully executed; he shall be ex officio Justice of the Peace within the town or village; shall, within the same, possess and exercise all the powers and duties vested by law as a Justice of the Peace, except that he shall have no jurisdiction as such in criminal cases. He shall have control of the police of the town or village, and may appoint special police officers whenever he deems it necessary, and it shall be his duty especially to see that the peace and good order of the town or village are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town or village before issuing his warrant therefor. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such payment, he may commit the party in default to the jail of the county in which such town or village is situated, or other place of imprisonment in such corporation, if there be one, until the fine, or penalty, or costs shall be paid, but the term of imprisonment in such case shall not exceed thirty days. In the absence from the town or village, or sickness of the mayor, or during any vacancy in the office of mayor, any one of the councilmen, selected by the majority, shall perform his duties and be invested with all his powers. Mayorpowers and duties of. Shall control police. To preserve peace and good order. May issue warrants, etc. Councilman to act as Mayorwhen. 20. Sec. XX. That the mayor, recorder and marshal of the town or village shall each receive such compensation for their services as may be fixed by the council, which shall not be increased or diminished during their term of office. Mayor, Recorder and Marshalcompensation of. 21. Sec. XXI. That the expenses of maintaining any person committed to the county jail, or other place of imprisonment, by the mayor, shall be paid by the town or village, and all costs incurred in the incorporation of any town or village shall be paid by the same. Jail feestown to pay. 22. Sec. XXII. Be it further enacted , That the question of extending the limits of such corporation shall be submitted to the people of the district to be included, and if two-thirds of such people vote for extension, the same may be made. Limits; extension of.

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23. Sec. XXIII. That no person holding office under any municipal corporation shall, during the time for which he was elected or appointed, be capable of contracting with such corporation for the performance of any work which is to be paid for out of the treasury, nor shall any person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. Officers may not contractwhen. 24. Sec. XXIV. Be it further enacted , That no city, town or village shall create any debt, except the ordinary expenses of said city, town or village, unless by a vote of a majority of the citizens of said city, town or village, at an election to be held specially for that purpose. Debthow created Approved August 26, 1872. Note.Before the passage of this act, the powers hereby conferred upon the Superior Courts could only be exercised by the General Assembly. (No. 18O. No. 220.) An act to amend the laws of this State in relation to granting corporate authority to academies and churches by the Superior Courts. 25. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, it shall be lawful for the several Superior Courts in the several counties of this State, during the regular session of said courts, upon the petition of five discreet and proper persons, to be judged of by said courts, setting forth the fact that a regular academy or church has been erected in said county, and asking corporate authority to enforce good order, look after the interests of said academy, receive donations of lands, and look after the general interest of said institution, to grant such persons such authority, not inconsistent with the laws of this State, such proceedings to be recorded upon the minutes of said courts, and to remain of force twenty years. Churches and academiesSuperior Courts may incorporate. Sec. II. Repeals conflicting laws. Approved August 24, 1872.

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TITLE VI. COUNTY OFFICES. Section 1. County officeswho may hold. (No. 19O. No. 315.) An act to prescribe the time for which persons shall be residents of the various counties of this State, to render them eligible to election to the several county offices thereof 1. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That no person shall be eligible to hold any county office in any county of this State, unless he shall have been bona fide a citizen of the county, in which he shall be elected, at least twelve months prior to his said election. County officers12 months residence in county required. Sec. II. Repeals conflicting laws. Approved August 26, 1872. TITLE VII. CRIMES. Section. 1. Persons conspiring to cheat the Stateguilty of. 2. Public officers may be guilty ofhow. 3. Members of General Assembly included in provisions of this act. 4. Offense completewhen. Section. 5. Larceny from house, felonywhen. 6. Immigrants may not leave employerswhen. 7. Punishment. 8. Retail liquor dealers may not allow card playingwhen. 9. Punishment. (No. 20O. No. 147.) An act to extend the law of conspiracy in the State of Georgia. 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That, if any two or more persons shall

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conspire or agree to defraud, cheat, or illegally obtain from the State of Georgia, or any county thereof, or any public officer of this State, or any county thereof, or any person exercising the duties of any such office, any property, real or personal, bonds, notes, choses in action, money, valuable currency, instruments in writing of any kind of value, or anything designated by the laws of this State as property belonging to said State or county, or under the control or possession of said officers as such, such persons shall be guilty of a felony, and, on conviction thereof, shall be punished, by imprisonment and labor in the Penitentiary, for a term not less than two nor longer than ten years. Conspirators to cheat or defraud the State. Guilty of Felony. Punishment 2. Sec. II. And be it further enacted by the authority aforesaid , That, if any person or persons in this State, holding any public office therein, shall conspire or agree with any person or persons, public office therein, shall conspire or agree with any person or persons, in or out of office, to cheat or defraud, or illegally obtain from the State of Georgia, or any county of this State, any property of any kind described in section one of this act, belonging to said State or county, under the control or possession of said officers as such, such persons shall be guilty of a felony, and, on conviction thereof, shall be punished, by imprisonment and labor in the Penitentiary of this State, for a term not less than two nor more than ten years. Public officers conspiring to cheat the State. Guilty of Felony. Punishment 3. Sec. III. And be it further enacted by the authority aforesaid , That all the provisions of this act be, and the same are hereby, extended to members of the General Assembly in this State, conspiring or agreeing by fraud, bribery, or other unlawful means, with other members of the General Assembly, or persons not members of the General Assembly, to procure the passage of laws to defraud the State of Georgia, or any county thereof, or any public officer of said State or county, of any property, real or personal, or otherwise, as described in section one of this act; and such persons mentioned in this section, guilty of violating the provisions of this section, which shall extend to all persons engaged in such conspiracy, are hereby declared to be guilty of a felony, and shall be punished as prescribed in sections one and two of this act. Legislators embraced in the provisions of this act. 4. Sec. IV. The offenses described in sections one, two and three of this act shall be complete when the conspiracy is effected, and shall be punished whether the same be carried into effect or not. Offenses completewhen. Approved August 23, 1872.

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(No. 21O. No. 420.) An act to make it punishable by law for any emigrant to this State to leave the service of his employer, who has paid the traveling expenses or passage money in coming to the State, unless said emigrant shall refund to his said employer the amount in full of the traveling expenses or passage money so advanced . 5. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, it shall not be lawful for any emigrant coming to this State, who has contracted with his employer to work for him, and, in consideration of said contract, his employer has advanced money to pay his traveling expenses or passage money in coming to the State, unless said emigrant shall refund to his said employer the full amount so advanced. [Illegible Text] not [Illegible Text] leave [Illegible Text][Illegible Text]. 6. Sec. II. Be it further enacted , That any person violating the provisions of this act shall be punished as prescribed in section 4245 of the Code of Georgia. Punishment Sec. III. Repeals conflicting laws. Approved August 27, 1872. (No. 22O. No. 332.) An act to prevent gaming of any sort in any retail liquor house or shop, or room connected therewith . 7. Section I. The General Assembly do enact , That, from and after the passage of this act, if any retail liquor dealer, or clerk in the employ of such retail liquor dealer, shall knowingly permit or allow any person or person to play at any game of cards, or at any game whatsoever, in the playing of which cards or dice are used, in the house in which such retail liquor dealer carries on his business of retailing spirituous liquors, or in any rooms connected therewith, and under the control of such retail liquor dealer, such retail liquor dealer, or his clerk, so offending shall, on conviction, be punished as provided in section 4245 of Irwin's Revised Code. Retail liquor dealers [Illegible Text] clerks. Shall not [Illegible Text] [Illegible Text] in [Illegible Text]. Violation [Illegible Text] this law. Punishment 8. Sec. II. Be it further enacted , That if any person shall, for amusement or otherwise, play at any game of cards, or at any game whatsoever, in the playing of which cards or dice are used in any retail liquor shop or house, or in any room connected therewith, and under the control of the retail liquor dealer doing business in such house or ship, such person so offending shall, on conviction, be punished as prescribed in section 4245 of Irwin's Revised Code. Playing [Illegible Text] amusement in [Illegible Text] prohibited. Punishment Approved August 26, 1872.

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TITLE VIII. DENTISTRY. Section. 1. Who may practice. 2. Board of examiners. 3. Duties of board. 4. Books of record. 5. Quorum. Section. 6. Temporary licenses. 7. Punishment for violating this act. 8. Onus on defendant to show what. 9. Disposition of fines. 10. Who not effected by this act. (No. 23O. No. 270.) An act to regulate the practice of destistry, and to protect the people against empiricism, in relation thereto, in the State of Georgia . 1. Section I. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this act, it shall be unlawful for any person to engage in the practice of dentistry in the State of Georgia, unless said person has graduated and received a diploma from the faculty of a Dental College, chartered under the authority of some one of the United States or Foreign Governments, or shall have obtained a license from a board of dentists, duly authorized and appointed by this act, to issue such license. Dentistrywho may practice. 2. Sec. II. Be it further enacted , That the board of examiners shall consist of five dental graduates or practitioners of dentistry, who are members in good standing of the Georgia State Dental Society: Provided , That said graduates or practiotioners have been practicing in the State of Georgia for a term of not less than three years; said board shall be elected to serve for two years; the president of said Georgia State Dental Society shall have power to fill all vacancies in said board for unexpired terms. Board of Examinationof whom composed. Vacancies in. 3. Sec. III. Be it further enacted , That it shall be the duty of this board, first, to meet annually at the time of meeting of the Georgia State Dental Society, or oftener, at the call of any three of the members of said board. Thirty days' notice must be given of the annual meetings. Secondly, to prescribe a course of reading for those who study dentistry under private instructions. Thirdly, to grant a license to any applicant who shall furnish satisfactory evidence of having graduated and received a diploma from any incorporated dental college, without fee, charge or examination. Fourthly, to grant license to all other applicants who undergo a satisfactory

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examination. Fifthly, to keep a book, in which shall be registered the names of all persons licensed to practice dentistry in the State of Georgia. Duties of. 4. Sec. IV. Be it further enacted , That the books so kept shall be a book of record, and a transcript from it, certified to by the officer who has it in keeping, with the common seal, shall be evidence in any court in the State. Shall keep books. 5. Sec. V. Be it further enacted , That three members of said board shall constitute a quorum for the transaction of business, and should a quorum not be present on the day appointed for their meeting, those present may adjourn from day to day until a quorum is present. Quorum. 6. Sec. VI. Be it further enacted , That one member of said board may grant a license to an applicant to practice until the next regular meeting of the board, when he shall report the fact, at which time the temporary license shall expire, but such temporary license shall not be granted by a member of the board after the board has rejected the applicant. Temporary license. 7. Sec. VII. Be it further enacted , That any person who shall, in violation of this act, practice dentistry in the State of Georgia for fee or reward, shall be liable to indictment, and, on conviction, shall be fined not less than fifty nor more than three hundred dollars: Provided , That nothing in this act shall be construed to prevent any person from extracting teeth: And provided further , That none of the provisions of this act shall apply to regular licensed physicians and surgeons. Violation of this act. Punishment 8. Sec. VIII. Be it further enacted , That, on the trial of such indictment, it shall be incumbent on the defendant to show that he has authority under the law to practice dentistry to exempt himself from such penalty. Onus on defendant to show authority. 9. Sec. IX. Be it further enacted , That one-half of all fines collected shall inure to the informer, and the other half to the educational fund of the county. Finesdisposition of. 10. Sec. X. Be it further enacted , That dentists who have been in practice prior to the passage of this act are exempt from all the provisions of the same. Who not affected. Sec. XI. Repeals conflicting laws. Approved August 24, 1872.

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TITLE IX. ELECTIONS. Section. 1. Elections, except for members of Congress, Presidential Electors and county officers, to be held first Wednesday in October. 2. Elections for members of Congress to be held on Tuesday after first Monday in November. 3. Elections for county officers to be held first Wednesday in January. Section. 4. Election for Governor to be held within sixty days after vacancy occurred. 5. Returnshow made. 6. When vacancy occurs within six months of regular election. 7. Special election to be voidwhen. (No. 24O. No. 50.) An act to regulate the time of holding elections in the State of Georgia . 1. Section I. Be it enacted by the General Assembly of said State , That all elections hereafter to be held in said State, under the Constitution and the laws thereof, except for members of Congress, Presidential electors, and county officers, shall be held on the first Wednesday in October, of the particular years in which, under the Constitution, elections are required to be held, at the places established by law, and under the election law of this State. Elections; when to be held. 2. Sec. II. Be it further enacted by the authority aforesaid , That all elections for members to Congress shall be held on Tuesday, after the first Monday in November, of the year 1872, and on the same day in every second year thereafter. For members of Congress. 3. Sec. III. Be it further enacted by the authority aforesaid , That all elections for county officers shall be held on the first Wednesday in January, of the years in which, under the Constitution and laws of said State, elections should be held to fill such offices, beginning on the first Wednesday in January, 1873. For County officers. Approved August 20, 1872.

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(No. 25O. No. 279.) An act to provide for holding an election for Governor in this State in the event of a vacancy . 4. Section I. The General Assembly of the State of Georgia do enact , That whenever the office of Governor shall become vacant from any cause, it shall be the duty of the President of the Senate, and, in the event of the death, resignation or disability of the President of the Senate, then the duty of the Speaker of the House of Representatives, within thirty days after the office of Governor has become vacant, to order a special election to be held throughout the State for Governor, to fill such vacancy, which said election shall be directed to be held within sixty days after said vacancy, and shall be held at the places of holding general elections in the several counties of this State, and conducted in the same manner as prescribed by law for the election of members of the General Assembly. Office of Governor. Vacancy inhow fill-d. Electionwhen and how held. 5. Sec. II. Be it further enacted , That the returns for every special election for Governor, to fill a vacancy, shall be sealed up by the managers thereof, separately from other returns, and directed to the Secretary of State; and it shall be the duty of the Secretary of State, in the presence and with the aid of the Comptroller General and Attorney General of the State, or one of them, if the other be absent, or under disability, or his office vacant, within twenty days after said election has been held, to open, count and publish the returns, and to declare the person receiving the majority of the whole number of votes given the duly elected Governor of the State; but if no person have such majority, then it shall be the duty of the Secretary of State to cause the returns to be laid before the Senate on the day after the two Houses shall have been organized; and they shall be transmitted by the Senate to the House of Representatives, and from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the Legislature to elect, the General Assembly shall immediately elect a Governor, viva voce , in which election a majority of the votes of the members of the General Assembly present shall be necessary for a choice. Election returnshow made. When opened and counted Who shall be declared elected. Legislature shall electwhen 6. Sec. III. Be it further enacted , That should a vacancy occur in the office of Governor within six months of the time fixed by law for the regular election of Governor, then, and in that event, the Executive powers of the Government shall be exercised as now prescribed in the Constitution of the State, and no election shall be ordered to fill said vacancy. When vacancy occurs within six months of regular election. 7. Sec. IV. Be it further enacted , That should a vacancy occur in the office of Governor, and at the special election ordered, no person shall receive a majority of the whole number

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of votes given, that then, and in the event of an election for Governor being held at the time fixed by law for the regular election of Governor before the General Assembly shall have elected a Governor from the two persons having the highest number of votes, as provided for in the second section of this act, the said special election shall be declared void, and the Executive powers shall be vested in the person elected at the regular election, as provided for in the Constitution of this State. Special election to be voidwhen. Sec. V. Repeals conflicting laws. Approved August 24, 1872. TITLE X. EXECUTORS, Etc. Section. 1. Duties of in certain cases defined. Section. 2. May sell real city propertyhow. (No. 26O. No. 237.) An act to define the duties of executors and administrators in certain cases therein set forth . 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That, whenever an executor or administrator has paid all the debts of their intestates, and just claims of every sort against the estates held by them, and there is left in their hands assets, or property of any kind due to minor heirs, over whom no one applies to be guardian, said executors or administrators may, under the direction of the proper Ordinary, apply and pay so much of said minor heirs' estate as may be necessary to the maintenance and education of said minor heirs, as guardians are allowed by law; all of which expenditures shall be allowed said executors or administrators in their settlement with such heirs. Executors and administrators. May expend estate in education of minorswhen. Approved August 24, 1872.

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(No. 27O. No. 134.) An act to authorize administrators, executors, and certain other trustees, to sell city or town property on the premises in certain cases . 2. Section I. Be it enacted by the General Assembly of the State of Georgia , That any executor, administrator, guardian or other trustee, who by law is managing any trust, estate or fund, under the supervision of the Ordinary or Court of Ordinary, may sell any city property situated in any city in this State, if, upon petition, the Ordinary shall, in the exercise of a sound discretion, deeming that it is for the best interest of the cestui que trusts that said real estate be sold on the premises, shall, by order entered on the minutes, so direct: Provided , That such sales shall be advertised as heretofore provided by law; and one hour's public notice of the commencement of the same shall be given at the court-house door on sale day. Cestui que trust, city property ofhow sold. Proviso. Approved August 23, 1872. Note.This act seems to change section 2519 of the Code.

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TITLE XI. EXEMPTIONS. Section. 1. Exemption of firemen from jury duty. Section. 2. Exemption of ordained ministers from jury duty. (No. 28O. No. 421.) An act to define and make explicit an act to exempt firemen from jury duty, approved December 5, 1871. 1. Section I. Be it enacted by the authority of the General Assembly, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, the intent and meaning of the act approved December 5, 1871, shall be to exempt such firemen as provided for in said approved act of December 5, 1871, from any jury duty whatsoever, whether civil or criminal. Firemen exempt from all Jury duty. Sec. II. Repeals conflicting laws. Approved August 27, 1872. Note.The Supreme Court, in the case of ex parte Rust, et al. , 43 Ga., 209, decided that firemen were not exempt from jury duty. (No. 29O. No. 336.) An act to exempt ordained ministers from jury duty . 2. Section I. Be it enacted , That, from and after the passage of this act, all ordained ministers of the gospel be, and they are hereby, exempted from jury duty: Provided , They are engaged in regularly discharging ministerial duties. Ordained ministers exempt from Jury duty. Sec. II. Repeals conflicting laws. Approved August 26, 1872.

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TITLE XII. FENCES AND STOCK. Section. 1. Boundary line may be lawful fence. 2. Horses, etc., may not run at large. 3. Trespass committed by horses, cattle, etc. Section. 4. The duties of parties impounding horses, etc. 5. Malicious impounding. 6. Damageshow ascertained. 7. This act to become operativehow. (No. 30O. No. 329.) An act relating to fences and stock, and for the protection of crops . 1. Section I. The Legislature of the State of Georgia do enact as follows : That in each and every county in this State, which shall adopt the provisions of this act, in the manner hereinafter provided, chapter eighth, part first, title fifteenth of Irwin's Revised Code of Georgia, embracing sections 1456, 1457, 1458, 1459, 1460 and 1461, be, and the same is hereby, repealed, and the boundary lines of each lot, tract or parcel of land in said county shall be, and the same are hereby, declared a lawful fence. [Illegible Text] Boundary iine may be lawful fence 2. Sec. II. That no horse, mule, cow or hog, or any other animal or animals, used or fit either for food or labor, shall be permitted to run at large beyond the limits of the lands of its owner or manager. Horses, cows, etc., may not run at large. 3. Sec. III. That if any of the animals enumerated in the foregoing section shall commit any trespass or damage, or shall be found going at large on the premises of any other person than the owner of such animals or stock, whether enclosed or unenclosed, and whether such animals wandered from the premises of the owner in the county in which the trespass was committed, or from another county, it shall be lawful for the owner of such premises to impound such animals and retain them until the owner thereof shall make full satisfaction or reparation for the damages committed by such animals, including all costs and expenses, unless disposed of according to the provisions of this act hereinafter provided. Trespass committed by. May be impounded. 4. Sec. IV. That in case any of the said animals shall be impounded under the provisions of this act, it shall be the duty of the party so impounding them to give them all necessary feed, care and attention, for which he shall have reasonable compensation as hereinafter provided; and it shall also be his

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duty to give the owner, if known, notice of the fact of such impounding in twenty-four hours, and if not known or ascertained within three days from the taking up and impounding such animals, they shall be disposed of as provided by law in cases of estrays, except that in case any such animal or animals shall be sold under the provisions of the estray laws or this act, the proceeds of such sales, after the payment of legal costs, including advertising, etc., shall be applied first to the payment of the damages sustained by the aggrieved party, including reasonable compensation for the feed, care and attention, to be ascertained as hereinafter provided. To be fed by party impounding. Owner to have notice. To be disposed of as estrayswhen. Proceeds of sale. 5. Sec. V. That if any person shall, under the pretext of the provisions of this law, unnecessarily, or out of mere vexation, take up and impound any such animal or animals, or after having taken up and impounded any such animal or animals, shall fail to give the notice required by this act, or to estray them, in case the owner is not known or ascertained within the time prescribed by this act, or shall fail to give the proper care or attention, as herein provided, or in any manner shall injure or maltreat any such animal or animals, such person so offending shall be deemed guilty of misdemeanor, and, on indictment and conviction before any court having jurisdiction of such offenses, shall be punished by fine or imprisonment in the common jail, in the discretion of the presiding Judge who shall try said cause, the fine not to exceed one hundred dollars, and the imprisonment not to exceed one month; and in addition shall pay to the owner of such animal or animals double the amount of damages actually sustained by a violation of the provisions of this act. Malicious impounding etc., of. Injury of. Offender guilty of a misdemeanor. Punishment. 6. Sec. VI. That in case of disagreement between the taker up or party claimed to be damaged, and the owner of such animal or animals, as to the amount of damages sustained on account of the alleged trespass of such animal or animals, or for expenses for care, feed and attention, as required by this act, the aggrieved party may make complaint to the Justice of the Peace of the district, and if no Justice in such district, then to the most convenient Justice in any other district, setting forth the amount claimed, whereupon such Justice shall issue a summons, as in other suits, returnable within five days from the date thereof, requiring the owner or claimant of such stock to appear at a time and place therein named, and which shall be served as other summons at least three days before the time of hearing, when such Justice shall proceed to hear evidence and give judgment against such owner or claimant for such damages as shall appear reasonable and just, including the expenses of care and feeding such stock, and all legal costs, which shall be enforced by execution, levy and sale as other judgments of such Justice: Provided, nevertheless , That a special lien upon the trespassing animal or animals, for the payment of such judgment, shall attach from the time

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of the committing of such trespass, superior to all other liens or previous claims, except public dues, and superior also to all exemptions under the homestead and exemption laws: And provided also , That if said judgment for damages shall exceed the sum of fifty dollars, the defendant may enter an appeal as in other cases in Justices' Courts: And provided further , That in case of any litigation, as contemplated by this act, it shall be lawful for the owner of such animals to redeem or replevy the same by giving to the complaining party a bond, with good and sufficient security, conditioned to pay all damages and costs which may be finally recovered against him in such suit. Damageshow ascertained. Justice of the Peace shall try cases. Proviso. Lien of judgment. Appeal. 7. Sec. VII. And be it further enacted by the General Assembly of the State of Georgia , That the foregoing provisions of this act shall become operative in any county of this State upon the following terms and conditions: Whenever so many as fifty freeholders in any county of this State shall petition the Ordinary of any county for the benefit of the provisions of this act, said Ordinary shall at once make known throughout said county, by advertisement in the public gazette, if there is one published in said county, and by notices at all election precincts and public places therein, that such petition has been filed in his office, such notice to be published twenty days. If a counter-petition of freeholders is filed, amounting to fifty persons, then the Ordinary shall proceed no further. If such petition of freeholders is not met by such counter-petition, or, if met by such counter-petition, is supported by a petition of so many as twenty-five additional freeholders, then the Ordinary aforesaid shall at once proceed to have an election held in such county, on the first Monday in July following, in which the question shall be submitted to the lawful voters of said county, of fence or no fence; said election to be held at the places and under the same rules and regulations as are provided for members of the General Assembly, and after thirty days' notice at the most public places in said county. The returns of said election shall be made to the Ordinary of said county, and, after examining the same, and deciding upon all questions which may arise out of said election, he shall proclaim the result by notice as aforesaid. If the lawful majority in said election is for no fence, then the provisions of this act shall take effect in such county within six months thereafter: Provided , Said elections shall not be held oftener than one time in every two years. This act to become operativehow. Approved August 26, 1872.

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TITLE XIII. JUDICIARY. Section. 1. Actions against Insurance Companiesform of. 2. Actions against city of Atlantaresident Judges may preside in. 3. Actions against city of Atlantaresident jurors may try. 4. Actions by and against married womenhow brought. 5. Actions against countiesservice ofhow perfected. 6. Actions in certain casesGovernor may institute. 7. Actions in Justices' Courts-manner of conducting. 8. Appeals now pendingthis act to apply to. 9. Claim casesno forthcoming bond required where levy is made on real estate. 10. Claim bondsmanner of giving regulated. 11. Continuancescounter-showing to motion for in criminal cases. 12. Costs, insolvent, in Northern Circuit. 13. Costs to be paid in advancewhen. 14. County Courtcollection of Superior Court cost in. 15. Salary of Judgehow paid. 16. Damageinsurance companies liable forwhen. 17. Garnishment law amended. 18. Habeas corpus Ordinaries may not issuewhen. 19. Homestead casesreceivers may be appointed in. 20. Disposition ofexcess of homestead exemption. 21. Duties of receivers. 22. Disposition of personal property. 23. Not more than one receiver to be appointed. 24. Creditor may file objection. 25. Applicant may select personal property. Section. 26. Jurors, grand, to appoint citizens to inspect books of county officers. 27. Power of such appointees. 28. In case of refusal to produce books. 29. Jurorscompensation of. 30. Liens in favor of builders, contractors and lumbermen. 31. Liens in favor of manufacturers of brick. 32. Sales of land to secure loans. 33. Albany Circuittime of holding Superior Courts in changed. 34. Length of time for holding court. 35. Cherokee Superior Courttime of holding changed. 36. Writs and processes legalized. 37. Lowndes Superior Courttime of holding changed. 38. December term, 1871, legalized. 39. McDuffie and Columbia Superior Courtstime of holding changed. 40. Writs, processes, etc., legalized. 41. Montgomery Superior Courttime of holding changed. 42. Muscogee Superior Courttime of holding changed. 43. Writs and processes legalized. 44. Rabun Superior Courtterms of legalized. 45. Rabun Superior Courttime of holding changed. 46. Writs and processes legalized. 47. Rockdale Superior Courttime of holding changed. 48. Writs and processes legalized. 49. Southern Circuittime of holding Superior Courts changed. 50. Writs and processes legalized. 51. Term of Berrien Superior Court. 52. Talbot Superior Courttime of holding changed. 53. Length of time to be held. 54. Supreme Courtmanner of deciding cases by. 55. Testimonyact to amend the law relating to written depositions.

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(No. 31O. No. 331.) An act to prescribe a form of action on insurance policies. 1. Section I. Be it enacted by the General Assembly , That the form of an action to recover money on an insurance policy may be the same as is prescribed in section 3315 of Irwin's Revised Code, for actions on notes, bills, bonds, receipts and written promises; and it shall not be necessary to set forth, in the body of the declaration, allegations of conditions other than may be embraced in the form prescribed in said section of the Code; nor shall it be necessary to attach a copy of what may be within or printed upon the policy, except what appears upon the face and in the body of the policy. Actions to recover insurance policieshow brought. Sec. II. Repeals conflicting laws. Approved August 26, 1872. (No. 32O. No. 164.) An act to render the Judges of the Atlanta Circuit and of the City Court of Atlanta competent to preside in certain cases, and to render the citizens of Atlanta competent jurors in certain cases. 2. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the Judge of the Superior Courts of the Atlanta Circuit, though he may be a citizen of and a property owner and tax-payer in the city of Atlanta, and the Judge of the City Court of Atlanta, though he may be a property owener and tax-payer in said city, shall be competent to preside in and try any and all cases at law in equity or on the criminal side of the court, in which the mayor and council of the said city may be either party plaintiff or defendant, or interested therein: Provided , Said Judges be not otherwise disqualified. Judge of Atlanta Circuit and the Judge of the City Court. May try all cases in which the city of Atlanta is a party. 3. Sec. II. Be it further enacted , That no citizen of Atlanta shall be disqualified from serving as a juror in any case in either of the courts mentioned in the foregoing section, in which the mayor and council of the city of Atlanta may be a party plaintiff or defendant, or interested therein by reason of such citizenship, or being a property owner or tax-payer in said city. Citizens of Atlanta competent jurors in all such cases. Sec. III. Repeals conflicting laws. Approved August 23, 1872. Note.In the case of the mayor, etc., of the city of Columbus vs . Richard R. Goetchius, 7 Ga., 139, it was held that citizens of an incorporated city, who are liable to be taxed for the payment of the verdict, are incompetent to sit as special [Illegible Text] on the trial of a cause in which the city council are defendants.

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(No. 33O. No. 235.) An act to declare the law of this State as to the rights of married women to sue and be sued. 4. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, a married woman may sue and be sued, without joining her husband in the action, in any of the courts of this State, in the following cases: First, when the action concerns her separate property: Second, when the action is between herself and husband: Third, when she is living separate and apart from her husband. Married women may be sued without joining husbandwhen Sec. II. Be it further enacted , That in no case shall she be required to prosecute or defend by a guardian or next friend. Not required to appear by a guardian. Sec. II. Repeals conflicting laws. Approved August 24, 1872. (No. 34O. No. 251.) An act to define the method of perfecting service in suits in this State, where a county may be or is a party. 5. Section I. Be it enacted, etc. , That in all causes which now are pending, or may be hereafter commenced in the courts of this State, in which a county may be a party defendant, service perfected upon the Ordinary and clerk of the Court of Ordinary, if there be a clerk, and if no clerk, then upon the Ordinary alone, shall be deemed sufficient, except that in those counties where the fiscal affairs of the county are or shall be by law committed to a board of commissioners; service perfected upon a majority of said commissioners shall be sufficient to all intents and purposes. Suits against courtshow served. Sec. II. Repeals conflicting laws. Approved August 24, 1872. (No. 35O. No. 301.) An act to authorize the Governor of the State of Georgia to institute suits in certain cases therein named. 6. Section 1. Be it enacted by the General Assembly of the State of Georgia , That whenever the Governor of the State, after consultation with the Attorney General of the Stateif there is such an officer, or without, if there is no such officer

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shall deem it proper to institute a suit or suits, for the recovery of a debt or debts due the State, or money or property belonging to the State, in his opinion, he shall be, and is hereby, authorized and required to institute such suits in the proper court of this State, with no more restrictions on the right to sue than any other citizen for his own right or property, and with the same rights as any citizen of this State, before the acts of the Legislature of 1871; and to require the aid of the Attorney General of the State to begin and carry on such suits where practicable, and if not, some other suitable and competent attorney, on such terms, as to compensation, as he may agree upon, but the fees of such attorney shall be conditional. Debts due the StateGovernor to sue for. His rights and privileges. Attorney General to conduct the suits. Approved August 26, 1872. (No. 36O. No. 72.) An act to amend an act to prescribe the mode of conducting suits before Justices of the Peace and Notaries Public in this State, and for other purposes, approved October 10, 1868. 7. Section I. Be it enacted by the General Assembly of the State of Georgia , That section two of the above recited act be amended by inserting the words, claimed in said suit, immediately after the word amount, in the fourth line of said second section, so as to make it read as follows: Provided the amount claimed in said suit is over fifty dollars. Appeals allowed where sum claimed exceeds $50 8. Sec. II. Be it further enacted , That this amendatory act shall apply to all suits and appeals now pending in the courts of this State, as well as suits hereafter to be brought. Sec. III. Repeals conflicting laws. Approved August 22, 1872. (No. 37O. No. 141.) An act to dispense with forthcoming bonds, in cases of levies upon real estate, when a claim or affidavit of illegality is filed. 9. Section I. Be it enacted , That, from and after the passage of this act, it shall not be lawful for Sheriffs, when real estate is levied on under fi. fa. , and illegality or claim made to said fi. fa. , to require or take any forthcoming bond for said real estate. Forthcoming bonds not allowedwhen. Sec. II. Repeals conflicting laws. Approved August 23, 1872.

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(No. 38O. No. 191.) An act to regulate the manner of giving bonds in claim cases. 10. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, in all cases where officers shall levy upon property, and any person may file a claim thereto, that in no case shall the levying officer require a damage bond larger than double the amount of the execution so levied, but in all cases where the property levied is of less value than the execution, that the amount of the damage bond required shall be double the value of such property. Damage Bond Amount [Illegible Text] Sec. II. Repeals conflicting laws. Approved August 24, 1872. (No. 39O. No. 426.) An act to authorize a counter-showing to a motion for a continuance in criminal cases in the courts of this State. 11. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That in all criminal cases in the courts of this State, the presiding Judges may, in their discretion, admit a counter-showing to a motion for a continuance, and, after a hearing, may decide whether the motion shall prevail. Contiuances Criminal cases; counter showing Sec. II. Repeals conflicting laws. Approved August 27, 1872. (No. 40O. No. 54.) An act to provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit, and for other purposes. 12. Section I. Be it enacted by the General Assembly of Georgia , That whenever, at any term of the Superior Court of any county of the Northern Judicial Circuit, a majority of the grand jury shall so recommend, the Judge of the Superior Court shall grant to the Solicitor General an order upon the County Treasurer for the payment of any account for insolvent criminal costs so recommended to be paid, and it shall be the duty of the County Treasurer of said county to pay the same out of any money in the treasury thereof. Insolvent co Gra Jury n grant to licitor-General of Northe Circuit. Sec. II. Repeals conflicting laws. Approved August 20, 1872.

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(No. 41O. No. 231.) An act to require the payment of costs in advance in certain cases. 13. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, no Sheriff, or deputy Sheriff in this State, shall be required to advertise the property of any defendant in fi. fa. for sale until the cost of such advertisement shall have been first paid by the plaintiff in fi. fa. , his agent, or attorney: Provided , That when any such party plaintiff, or his agent, or attorney for him, shall make and file an affidavit in writing that, owing to his poverty, he is unable to pay such cost, then it shall be the duty of said Sheriff, or his deputy, to proceed as now required by law. Cost of advertisementpayment of in advance. Sec. II. Repeals conflicting laws. Approved August 24, 1872. (No. 42O. No. 236.) An act to amend an act, approved January 19, 1872, entitled an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned. 14. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the following additional sections be added to the act approved January 19, 1872, entitled an act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, to-wit: Section 23. Whenever an indictment for a misdemeanor shall have been found by a grand jury, and the Judge of the Superior Court shall have directed the indictment to be returned, with all the papers pertaining to said case, to the county Judge, to be disposed of by him, it shall be his duty, whenever the party upon trial shall be adjudged liable to pay costs or fines, or both, to collect the same as costs and fines are collected in the Superior Courts, and, when collected, before paying over the same to the County Treasurer, to deduct therefrom the costs due to the Solicitor General and Clerk of the Superior Court, and to pay the same over to said officers, or retain such amount subject to their order. Section 24. Be it further enacted , That when, from any cause, the grand juries in those counties in which the county court shall be established, shall, at the spring term, fail to assess and declare what amount shall be paid to said county Judge for his services as Judge in crim

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inal matters, and for his services in attending to such county matters as may be intrusted to him by said act, that then and in such cases the grand juries, at the fall term of the Superior Courts, may make such assessment and fix such salary and compensation, which sum, when so fixed and assessed, the said county Judge shall be entitled to receive, and shall be paid over to said county Judge by the County Treasurer of the county, without other or further orders. Superior Court costs; how collected and disposed of by County Judge. Judge of County Court; salary ofhow paid in certain cases. Sec. II. Repeals conflicting laws. Approved August 24, 1872. (No. 43O. No. 77.) An act to make Insurance Companies liable for damages in certain cases, and for other purposes. 16. Section I. Be it enacted by the General Assembly of the State of Georgia , That the several insurance companies of this State, and foreign insurance companies doing business in this State, in all cases when a loss occurs and they refuse to pay the same within sixty days after a demand shall have been made by the holder of the policy on which said loss occurred, they shall be liable to pay the holder of said policy, in addition to the said loss, not more than twenty-five per cent. on the liability of said company for said loss; also, all reasonable attorney's fees for the prosecution of the case against said company, provided it shall be made appear to the jury trying the same that the refusal of the company to pay said loss was in bad faith. Damages may be recovered, if payment is not made in sixty days. Sec. II. Repeals conflicting laws. Approved August 23, 1872. (No. 44O. No. 91.) An act to amend the garnishment laws of this State. 17. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of this act, the wages of no person in the employment of another shall be exempt from the process of garnishment, when the consideration of the debt is provisions for the use of the employee or his family, or when the consideration of said debt is for board of himself or family. Wages liable to garnishmentwhen. Sec. II. Repeals conflicting laws. Approved August 23, 1872. Note.By section 3496 of the Code, all journeymen mechanics and day laborers shall be exempt from the process and liabilities of garnishment on their daily, weekly or monthly wages, whether in the hands of their employers or not.

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(No. 45.O. No. 152.) An act to define the powers of the Ordinaries of this State in relation to granting writs of habeas corpus. 18. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Ordinaries of this State shall have no right to grant or determine on writs of habeas corpus in cases of parties charged with capital felonies. Habeas CorpusOrdinary may grantwhen. Approved August 23, 1872. Note.Before the passage of this act, Ordinaries exercised all the powers of Superior Court Judges in habeas corpus cases. (No. 46O. No. 375.) An act to authorize and require the Ordinaries of this State to appoint receivers in certain cases, and for other purposes. 19. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That, from and after the passage of this act, whenever any person shall make an application for a homestead of realty and exemption of personalty, and it shall appear by the return of the surveyor that said applicant has and is the owner of more real estate than under the law he is entitled to under the homestead act of this State, it shall be the duty of the Ordinary to appoint a receiver to take charge of the excess, and sell the same for the benefit of the creditors of said applicant, under such regulations as are hereinafter set forth. Homestead of realty. Ordinary may appoint receiverswhen. 20. Sec. II. That when, upon the application of any person for exemption of personalty, as now provided for by law, and the schedule filed by said person so applying shall disclose the fact that said person has and is the owner of personal property in excess of the sum of one thousand dollars in gold, the excess shall be turned over by the Ordinary into the hands of a receiver, and said receiver shall dispose of the said excess for the benefit of the creditors of said applicant. In cases of Personalty. 21. Sec. III. That when a receiver shall have been appointed, as provided in the first and second sections of this act, or under either of said sections, the said receiver shall proceed to advertise the real estate in the public gazette in which the Sheriff's sales of said county are advertised, once a week for four weeks, and shall, on the first Tuesday of the month immediately following the said advertisement, expose the same to sale at public outcry; and the money arising from

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the sale of said property shall be turned over into the hands of the Ordinary for distribution among the several creditors of said applicant, said distribution to be made according to the dignity of the claims of the several creditors. Receiver shall sell property. Proceeds of sale. 22. Sec. IV. Be it further enacted , That, when the property falling into the hands of said receiver be personal, the same shall be disposed of in like manner, except that the receiver shall advertise the same in three of the most public places of said counfy for thirty days, but shall not be required to advertise the same in a public gazette. Sale of Personalty. 23. Sec. V. Be it further enacted , That nothing in this act shall be so construed as to authorize the appointment of more than one receiver. One receiver. 24. Sec. VI. Be it further enacted , That if no creditors appear and file their claims before the day set apart for the sale of said property, said sale shall not take place, but the property in excess shall be turned over to said applicant. Creditors to file claims. 25. Sec. VII. That the applicant shall be permitted to select the personal property to be exempted, not to exceed the amount now allowed by law. Applicant may select personalty. Sec. VIII. Repeals conflicting laws. Approved August 27, 1872. (No. 47O. No. 265.) An act to authorize the grand juries of the several counties of this State, during the term of which they are acting, to appoint any one or more of the citizens of the county to inspect and examine, during vacation, the offices, papers, books, records, accounts and vouchers of the Court of Ordinary, Inferior Court, Clerk of the Superior Court and County Treasury, and to make a full and complete report of the condition of the records, finances, disbursements and condition of the several records and offices to the succeeding grand jury, and for other purposes. 26. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and immediately after the passage of this act, the grand juries of the counties of this State shall be authorized and empowered, when they deem it necessary, to appoint any one or more of the citizens of the county to inspect and examine, during vacation, the offices, papers, books, records, accounts and vouchers of the Court of Ordinary, Inferior Court, for county purposes, Clerk of the Superior Court and County Treasury, and to make a full and complete report of the finances, disbursements and condition

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of the several offices to the grand jury at the succeeding term of the Superior Court. Books, etc. of County officers may be examinedhow. Duty of Examiners. 27. Sec. II. And be it further enacted by the authority of the same , That the person or persons so appointed to inspect and examine, shall have power to take full control of the offices, papers, books, records, accounts and vouchers of the several different offices, to compel the attendance of witnesses, hear evidence in regard to fraud and the non-performance of official duty, and the improper disbursement of the county funds. Power of. 28. Sec. III. And be it further enacted , That, in case of refusal of any one or more of the different officers to produce the papers, books, records, accounts and vouchers, it shall be the duty of the Judge of the Superior Court of the county, upon evidence being adduced, to enforce the provisions of this act by mandamus or attachment, as the case may require. Refusal to produce books, etc., duty of the Judge of Superior Court Sec. IV. Repeals conflicting laws. Approved August 24, 1872. Note.This duty of inspections, etc., has heretofore been performed by grand juries. (No. 48O. No. 46.) An act to compensate Bailiffs and Grand and Traverse Jurors in this State. 29. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That, from and after the passage of this act, the compensation of bailiffs and jurors in this State shall be fixed by the Ordinary of each county at such sum, not exceeding two dollars per day, as shall be recommended by the first grand jury empaneled in such county in each year. Bailiffs and Jurors; compensation of. By whom fixed. Sec. II. Repeals conflicting laws. Approved August 19, 1872.

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(No. 49O. No. 349.) An act to create a lien in favor of builders, contractors, lumbermen, and others furnishing materials or labor, or both, for the improvement of real estate, the building of railroads, or other public improvements, and for other purposes. 30. Section I. Be it enacted, etc. , That, from and after the passage of this act, builders, contractors, lumbermen, and other persons who furnish materials or labor, or both, for building or other improvements on real estate, and all persons who contract to build railroads, or for the improvement of water-power, the erection of machinery for manufactures, or other public improvements, shall have a lien therefor on the property of the person or persons with whom they deal, of the same character and dignity as mechanics' liens, and said liens shall be recorded and enforced in the same manner as mechanics' liens on real estate. Builders, contractors, and lumbermen; lien in favor oi. Sec. II. Repeals conflicting laws. Approved August 26, 1872. (No. 50O. No. 365.) An act to extend to the manufacturers of brick the lien given in the Code to mechanics and others in this State, and the mode of enforcing the same, and for other purposes. 31. Section I. Be it enacted by the General Assembly of Georgia , That the lien given in the Code of mechanics and others, and the mode of enforcing, be, and the same is hereby, extended to the manufacturers of brick furnished by them in the construction and repair of buildings, and for other purposes. Manufacturers of bricklien of. Sec. II. Repeals conflicting laws. Approved August 26, 1872. (No. 51O. No. 415.) An act to amend an act entitled an act to provide for sales of property in this State, to secure loans and other debts. 32. Section I. 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 passage of this act, an act entitled

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an act to provide for sales of property in this State, to secure loans and other debts, approved December 12, 1871, be so amended that the first section thereof shall read as follows: Whenever any person in this State conveys any real property by deed, to secure any debt to any person loaning or advancing said vendor any money, or to secure any other debt, and shall take a bond for titles back to said vendor upon the payment of such debt or debts, or shall in like manner convey any personal property by bill of sale, and take an obligation binding the person to whom said property was conveyed, to recover said property upon the payment of said debt or debts, such conveyance of real or personal property shall pass the title of said property to the vendee: Provided , That the consent of the wife has been first obtained, till the debt or debts which said conveyance was made to secure, shall be fully paid, and shall be held by the courts of this State to be an absolute conveyance, with the right reserved by the vendor to have said property reconveyed to him upon the payment of the debt or debts intended to be secured agreeable to the terms of the contract and not a mortgage; and that when any judgment shall be rendered in any of the courts of this State upon any note or other evidence of debt, which such conveyance of realty was made and intended to secure, it shall and may be lawful for the vendee to make and file and have recorded in the Clerk's office of the Superior Court of the county wherein the land lies, a good and sufficient deed of conveyance to the defendant for said land; and if the said obligor be dead, then his executor or administrator may, in like manner, make and file such deed without obtaining an order of the court for that purpose; whereupon the same may be levied on and sold under said judgment, as in other cases: Provided , That the said judgment shall take lien upon the land prior to any other judgment or incumbrance against the defendant. Conveyance of property to secure loans Title passes to vendee Reconveyance upon payment of debt. Deed not a mortgage. Deed of reconveyance filedwhere. Property may be soldhow. Sec. II. Repeals conflicting laws. Approved August 27, 1872. (No. 52O. No. 325.) An act to change the times for holding the Superior Courts in the Albany Circuit. 33. Section I. Be it enacted by this General Assembly , That, from and after the passage of this act, the Superior Court in the Albany Circuit shall hold its sittings as follows, to-wit: In Dougherty, on the first, second and third Mondays

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in April and October; in Worth, on the fourth Monday in April and October; in Decatur, on the first and second Monday in May and November; in Mitchell, on the fourth Monday in May and November; In Baker, on the third Monday in May and November, and in Calhoun on the first Mondays in June and December. Albany Circuittime of holding Courts. Worth. Decatur. Mitchell. Baker. Calhoun. Sec. II. Repeals conflicting laws. Approved August 26, 1872. (No. 53O. No. 382.) An act to change the time of holding the Superior Courts of Cherokee county in this State, and for other purposes. 34. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That, from and after the passage of this act, the Superior Courts of the county of Cherokee shall be held on the fourth Monday in February and the first Monday in August of each and every year, after the passage of this act. Cherokee Superior Court; when to be held. 35. Sec. II. Be it further enacted , That all writs, processes, etc., which have been returned to said county, shall be legal and binding as though this change of the times of holding said courts had not been made. Writs and processes. Sec. III. Repeals conflicting laws. Approved August 27, 1872. (No. 54O. No. 233.) An act to change the time of holding the Superior Courts of the county of Lowndes, and to legalize the holding of December term , 1871, of the Superior Court of said county by Judge William M. Sessions, and for other purposes. 36. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the time of holding the Superior Courts of the county of Lowndes shall be the first and second Mondays in May and November of each year, instead of first and second Mondays in June and December, as heretofore provided by law. Lowndes Superior Court. Second Mondays in May and November. 37. Sec. II. Be it further enacted , That the holding of the December term, 1871, of Lowndes Superior Court by Judge William M. Sessions, of the Brunswick Circuit, is hereby declared to be legal. Approved August 24, 1872.

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(No. 55O. No. 207.) An act to change the time of holding the Superior Courts for the counties of McDuffie and Columbia . 39. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the time for holding the Superior Court for the county of McDuffie shall be changed from the first Monday in April and the first Monday in October to the fourth Mondays in February and August in each year, and the time of holding the Superior Court for the county of Columbia shall be changed from the first Monday in May and the first Monday in November to the fourth Monday in March and the fourth Monday in September in each year. McDuffie Superior Courts. Fourth Mondays in February and August. Columbia Superior Court. 40. Sec. II. That all processes and proceedings returnable to the Superior Courts of said counties are hereby made returnable to the courts, as provided in this act. Processes legalized. Sec. III. Repeals conflicting laws. Approved August 24, 1872. (No. 56O. No. 252.) An act to change the time of holding the Superior Court of Montgomery county . 41. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the time of holding the Superior Court of Montgomery county shall be changed from Thursday, after the first Monday in April and October, to Wednesday after the first Monday in April and October. Montgomery Superior Court Sec. II. Repeals conflicting laws. Approved August 24, 1872. (No. 57O. No. 207.) An act to change the time of holding the Superior Courts of Muscogee county . 42. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the time for holding the Superior Courts of said county

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shall be changed from the fourth Mondays in May and November to the fourth Mondays in April and October. Muscogee Superior Court. 43. Sec. II. Be it further enacted , That all writs, processes and other proceedings heretofore made returnable to November term, 1872, of said Superior Court, are hereby made returnable to the October term, as provided for in this act. Writs, etc. legalized. Sec. III. Repeals conflicting laws. Approved August 24, 1872. (No. 58O. No. 57.) An act to legalize and make valid the terms of the Superior Court heretofore held in the county of Rabun, and for other purposes . Whereas, By the present law of this State, the time for the regular terms of the Superior Courts of the counties of Banks and Rabun, of the Western Judicial Circuit, both are fixed on the first Monday in April and the first Monday in October, and, owing to said conflict, the Superior Courts of Rabun county were, by the presiding Judge, held on the fourth Monday in April and the fourth Monday in October: Preamble. 44. Section. I. Be it enacted by the General Assembly of the State of Georgia , That all the sessions of said Superior Court of the county of Rabun, beginning on the fourth Monday of April and the fourth Monday in October, instead of the first Monday in said months, as prescribed by law, are hereby legalized and made as valid, to all intents and purposes, as if they had been held at the time prescribed by law. Rabun Superior Courtterms of made valid. Sec. II. Repeals conflicting laws. Approved August 22, 1872. (No. 59O. No. 200.) An act to change the time of holding the Superior Courts of Rabun county, and for other purposes . 45. Section I. 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, from and after the passage of this act, the time for holding the Superior Courts of Rabun county shall be changed from the

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first Monday in April and the first Monday in October to the fourth Monday in April and fourth Monday in October in each year. Rabun Superior Court. Fourth Mondays in April and October. 46. Sec. II. That all writs, processes, orders and other proceedings which are returnable to the terms of said court as are now held by law be, and the same are hereby, made returnable and in order to the times for holding said courts as changed by this act, and that all jurors, suitors, witnesses and other persons or parties summoned, ordered or required, or who may be interested in said court, are hereby required to attend said court at the times changed by this act, without further summons or notice. Processes made returnablewhen. Suitors, etc., required to attend. Sec. III. Repeals conflicting laws. Approved August 23, 1872. (No. 60O. No. 161.) An act to change the time of holding Superior Courts in the county of Rockdale . 47. Section I. Be it enacted by the Senate and House of Representatives , That, from and after the passage of this act, the time of holding Superior Courts in the county of Rockdale shall be changed from the second Monday in March to the third Monday in February, and from the second Monday in September to the third Monday in August. Rockdale Superior Court. Third Monday in February and August. 48. Sec. II. Be it further enacted , That all writs, processes, subp[UNK]nas, and all papers of like character, heretofore made returnable to said Superior Courts, at the times fixed by the act of which this is amendatory, be, and they are hereby, made returnable to said Superior Courts at the times fixed by this act. Writs, processes, etc., returnablewhen. Sec. III. Repeals conflicting laws. Approved August 23, 1872. (No. 61O. No. 154.) An act to fix the time of holding the Superior Courts of the Southern Circuit . 49. Section I. Be it enacted by the General Assembly of Georgia , That the time of holding the Superior Court of the counties of the Southern Circuit shall be fixed as follows: In

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the county of Berrien, the third Monday in February and August; in the county of Colquitt, the Wednesdays after the fourth Monday in February and August; in the county of Lowndes, the first Mondays in March and September, and shall be held two weeks if necessary; in the county of Brooks, the third Mondays in March and September, and shall continue two weeks if necessary; and in the county of Thomas, the second Monday in May and November, and shall be held three weeks if necessary; and that separate panels of jurors shall be drawn and summoned for each week the said court is authorized to hold in the counties of Lowndes, Thomas and Brooks. Berrien Superior Court; when held. Lowndes. Brooks. Thomas. Jurors. 50. Sec. II. Be it further enacted , That all writs, cases and processes returnable to said courts, prior to the passage of this act, shall be held and considered as returnable to the terms herein specified, and shall be tried and disposed of as though the same was so returned. Writs, processes, etc., how returnable. 51. Sec. III. Be it further enacted , That inasmuch as the time for holding the first term of the court of Berrien will have passed before this bill can become a law, the first term of said court shall be held on the first Monday in November next, after the passage of this act, but afterwards as provided in the second section of this act. Berrienfirst term in November next. Sec. IV. Repeals conflicting laws. Approved August 23, 1872. (No. 62O. No. 345.) An act to change the time of holding the Superior Courts of Talbot county, and for other purposes . 52. Section I. 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 the times for holding the Superior Courts of Talbot county be changed from the first Mondays in March and September to the second Mondays in March and September in each year. Talbot Superior Court 53. Sec. II. Be it further enacted, etc. , That said courts shall be held for the same length of time and under the same regulations as are now provided by law. Sec. III. Repeals conflicting laws. Approved August 26, 1872.

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(No. 63O. No. 150.) An act to regulate the mode of deciding cases by the Supreme Court of Georgia . 54. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Supreme Court of this State shall decide all questions presented in the record of each case carried up to that court for review. Supreme Court to decidewhat. Approved August 23, 1872. (No. 64O. No. 250.) An act to amend an act entitled an act to provide for the taking of testimony by written depositions in certain cases not now allowed by law, approved December 12, 1871. 55. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That an act entitled an act to provide for the taking of testimony by written depositions in certain cases not now allowed by law, approved December 12, 1871, be, and the same is hereby, amended, by adding the following words to the third section thereof, to-wit: And the said commissioner shall have the same power and authority to summon witnesses, and compel their attendance to testify before him, as are now conferred upon Justices of the Peace in this State, to compel witnesses to appear and testify in Justices' Courts; and the said commissioner shall receive from the party seeking the testimony of the witnesses examined before him, the following fees, to-wit: for the examination of each witness, two dollars; for certifying and returning the testimony taken before him for the plaintiff or defendant in each case, fifty cents; for issuing each subp[UNK]na, twenty cents. Witnesseshow compelled to attend and testify. Commissionersfee of. 56. Sec. II. Be it further enacted, etc. , That the attachments, or orders, or other process issued by said commissioner, for the purpose of compelling witnesses to appear and testify, shall be directed to, and may be executed by, the Sheriff, his deputy or any constable of the county. Process and orders; how executed. Approved August 24, 1872.

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TITLE XIV . KEROSENE OIL. Section. 1. Kerosene oilstandard fixed. 2. Less than 110 degrees Fahrenheit, unsafe. 3. Napthaunlawful to sell. Section. 4. Inspector must prosecute offenders. 5. Inspector must inspect oils. 6. Kerosenemeans what. (No. 65O. No. 348.) An act to amend an act entitled an act to protect the people of this State in the sale of kerosene oil, assented to October 24, 1870. 1. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That no person shall mix, for sale, naptha and illuminating oils, or shall sell, or offer for sale, illuminating oils, made from coal or petroleum, which will ignite at a temperature of less than one hundred and ten (110) degrees Fahrenheit, to be ascertained in accordance with the method prescribed in section four of the act of which this act is amendatory. Any person so doing shall, for each offense, be punished in accordance with the provisions of section two of said act, and shall be liable therefor to any person suffering damage from the explosion or ignition of such oil thus unlawfully sold or kept or offered for sale. And where any person is convicted of the criminal offense mentioned in the second section of said act, shall, upon conviction, be fined not less than one nor more than five hundred dollars. Illuminating oils Standard. Violation of this act. Damages. Fine. 2. Sec. II. Be it further enacted , That, for all the purposes of this act, all illuminating oils made from coal, petroleum, earth-rock oil, or any of their products, having points of ignition of less than one hundred and ten (110) degrees Fahrenheit, to be determined in the manner prescribed in section four of said original act, shall be condemned, and shall be branded unsafe for illuminating purposes. Less than 110 degree Fahrenheit unsafe. 3. Sec. III. Any person who shall sell, or offer for sale, or keep for sale, naptha, under any assumed name, for illuminating purposes, shall for each offense, upon conviction thereof, be liable to the same penalties provided for in section second of original act, and shall be subject to the same liabilities set forth in the second section of this act, except where the same is used in making illuminating gas, by Doty's or other stationary gas machine. Naptha-penalty for selling.

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4. Sec. IV. Be it further enacted , That the inspector shall be required to prosecute any person or persons violating this act. The inspector's compensation for inspecting and branding shall be, for all lots less than four hundred gallons, five dollars, and for all lots more than four hundred gallons, one cent for every gallon; and that all such inspected oils, branded safe or unsafe, shall be held by the inspector for payment of inspector's fees, when parties having them in charge shall refuse payment for such inspection and branding. Inspectors to prosecute offenders. Fees of. 5. Sec. V. Be it further enacted , That no person shall sell, or keep for sale, or in storage, any crude or refined petroleum, naptha, kerosene, earth-rock, coal, machine or illuminating oil, the products of petroleum, earth-rock or coal oil in this State, without having the same inspected and approved by an authorized inspector; and any person violating the provisions of this section shall be liable to the same penalties provided and set forth in section second of original act and section second of this act. Illuminating oils must be inspected. Penalty for non-compliance. 6. Sec. VI. Be it further enacted , That the term kerosene, in said original act, shall be construed to mean petroleum, coal, earth-rock oil, or any of their products, for illuminating or machinery purposes. Kerosene means what 7. Sec. VII. Be it further enacted , That this act shall be in full force and effect immediately after the passage of the same, and all laws or parts of laws in conflict with this act be, and the same are hereby, repealed. Approved August 26, 1872. Note.The act of October 24, 1870, made it the duty of inspectors of fertilizers to inspect kerosene oil.

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TITLE XV. LAND. Section. 1. Ungranted and unreverted land. 2. To be soldhow. 3. Proceeds of sale. 4. Commissions for selling, etc. Section. 5. Artificial shell-reefs. 6. Punishment for violating rights of owner. (No. 66O. No. 362.) An act to prescribe how lands in this State, for which grants have not been issued, or issued and not signed by the Governor, or which have reverted, or may hereafter revert, shall be disposed of . 1. Section I. The General Assembly of the State of Georgia do enact , That, immediately after the passage of this act, it shall be the duty of the Secretary of State to furnish each Ordinary in the State with a list of all the ungranted and reverted lots of land lying in their respective counties, and from time to time, in like manner, to notify them of all lots which may hereafter revert to the State in their said counties. Ungranted and reverted land; list of for Ordinaries. 2. Sec. II. Be it further enacted , That all lots of land in the State, which have not been granted, or for which grants have been issued, but not yet signed by the Governor, and all lots which have reverted, or may hereafter revert to the State, shall be sold to the highest bidder under such rules and regulations as govern Sheriffs' sales, by the Ordinary of the county in which such lot or lots lie, whose duty it shall be to attend personally to said sale. To be sold to highest bidder. 3. Sec. III. Be it further enacted , That it shall be the duty of each Ordinary of the State to remit the money realized from the sale of lands in his county as aforesaid, together with a statement of the number of lot, or lots sold, district and section, and price realized from each, to the Treasurer of the State, within thirty days after such sale, after deducting therefrom the legal expenses of advertising, and the sums of money thus realized shall be, and they are hereby, pledged and set apart to be appropriated by the Legislature to the cause of education in the State. Proceeds of salehow disposed of. 4. Sec. IV. Be it further enacted , That the Ordinaries shall be entitled to receive the same commission for their services in the sale of such lands, as the Sheriffs of the State are now allowed by law for the sale of lands under executions, and

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for the faithful performance of their duty, and the full, fair and prompt return of the money realized from such sale, they shall be liable on their official bonds as Ordinaries, and the measure of damages upon such bond, in case of misconduct upon the part of such officer in the performance of the duty herein imposed, shall be the value of the land, including the cost of the suit upon his bond and costs of court, which said suit upon said bond shall be brought in the name of the State, by the Solicitor General of the circuit in which the defaulting officer may reside, and the recovery shall be transmitted by the Solicitor General to the Treasurer of the State, there to be deposited and applied as provided for in the third section of this act. Commissions for selling. Ordinaries for damages liable; when Sec. V. Repeals conflicting laws. Approved August 26, 1872. (No. 67O. No. 350.) An act to encourage the construction of artificial shell-reefs, fish-beds and fishing-grounds . Whereas, It is expedient for every commonwealth to encourage enterprises which will promote the production of food; And whereas , It is a well-established fact that many sea fish may be attracted up salt creeks, estuaries and rivers by the construction of artificial shell-reefs, fish-beds and fishing-grounds for such fish to rendezvous in; And whereas , Many persons have, at heavy pecuniary outlay, already constructed such places, and they have been depredated upon by strangers and persons who have not contributed toward their construction; And whereas , Such depredations tend to the discouragement of all such enterprises, for remedy whereof: Preamble. 5. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, it shall not be lawful for any person, other than the proprietors of the shores and banks of such creeks, estuaries and rivers, (or such person as shall be by any such proprietor authorized) to take fish, or attempt to do so, with any line, net or contrivance whatsoever, on any creek, estuary or river, where any such artificial shell-reefs, beds or fishing-grounds have been constructed, or may hereafter be constructed, within one hundred yards thereof: Provided , Nothing herein shall authorize one proprietor to construct or use such places opposite the shore or bank of another proprietor beyond the center of the creek, estuary or river opposite his own shore or bank. Artificial Shell Reefs; persons other than proprietors prohibited from fishing at. Proviso.

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6. Sec. II. That any person violating the first section of this act shall be subject to indictment for a misdemeanor, in the Superior Court of the county wherein such violation shall occur, and shall, on conviction, be subject, for every such offense, to a fine not exceeding one hundred dollars, nor less than twenty dollars, at the discretion of the Judge, or imprisonment in the county jail for not more than ninety days, nor less than thirty days, at the discretion of the Judge. Offenders; Punishment Fine. Imprisonment. Approved August 26, 1872. TITLE XVI. MILITARY COMPANIES. Section. 1. Arms to be distributed to such as were organized prior to January, 1861. 2. Arms may be furnished or not, as the Governor may see fit, to companies organized since January 1, 1872. Section. 3. Companies receiving arms may be required to file bonds. (No. 68O. No. 278.) An act to regulate the distribution of arms to the volunteer companies of this State . 1. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That it shall be the duty of the Governor to distribute such arms as he now has, or may hereafter receive, first, to such companies as were organized and existing prior to the first day of January, 1861, as have already, or may within the next three months after the passage of this act, reorganize; and, as to such companies, preference shall be given according to their original priority. ArmsGovernor to distribute. What companies to have preference. 2. Sec. II. Be it further enacted , That in all cases of companies organized since the first day of January, 1872, and notwithstanding those complying with all the rules and regulations prescribed by the Governor, in order to secure arms, it shall be within the power of the Governor to furnish arms, or not, according to his discretion. Arming compannies organized since January, 1872, in Governor's discretion. 3. Sec. III. Be it further enacted , That in all cases, before arms are furnished to any company, it shall be the duty of

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the Governor to require of said company, according to such form as he shall prescribe, a sufficient surety, conditioned for the faithful keeping and preservation of said arms, and their prompt return to the Governor upon his demand, which bond may be sued in any court having jurisdiction of the parties, as other bonds are sued. Companies to give security for safe keeping of arms. Sec. IV. Repeals conflicting laws. Approved August 24, 1872. TITLE XVII. PRIVATE WAYS. Section. 1. May not be disturbedwhen. 2. Proceedings to remove obstructions. Section. 3. The right to certiorari . 4. Fees of Ordinary. (No. 69O. No. 256.) An act to secure the enjoyment of private ways, and to provide a summary remedy to remove or prevent obstruciions, etc. 1. Section I. Be it enacted by the Senate and House of Representatives , That, from and after the passage of this act, whenever a private way has been in constant and uninterrupted use for seven years or more, and no legal steps have been taken to abolish the same, it shall not be lawful for any one to interfere with said private way. Private waysnot disturbed, when. 2. Sec. II. That in the event the owner or owners of land over which such private way may pass, or any other person shall obstruct, close up, or otherwise render said private way unfit for use, it shall and may be lawful for the party or parties injured by such obstructions or other interference, to petition the Ordinary in the county where such private way has been in use to remove such obstructions, and, upon the petition being filed, it shall be the duty of the Ordinary to issue a rule nisi , directed to the party or parties complained against (which rule shall be served by the Sheriff or his deputy) calling upon the offending parties to show cause why said obstructions should not be removed, and the free use of said private way be re-established. Said rule shall be served atleast

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three days before the day set apart for the hearing of the same, and when the day arrives, the Ordinary shall proceed to hear evidence as to said obstructions or other interference, and if it should appear that said private way had been in the continuous, uninterrupted use for seven years or more, and no steps taken to prevent the enjoyment of the same, then it shall be the duty of the Ordinary to grant an order directing the party or parties so obstructing, or otherwise interfering with said right of way, to remove said obstructions or other interference within forty-eight hours, and in the event of failure so to remove said obstructions, it shall be the duty of the Ordinary to issue a warrant directed to the Sheriff commanding him forthwith to remove said obstructions. Obstructionsproceedings to remove. Ordinary to determine. May order removal of obstructi'ns 3. Sec. III. That there shall be no appeal from the judgment of said Ordinary, but, either party being dissatisfied, shall have the right to sue out a writ of certiorari and have said judgment reversed by the Judge of the Superior Court, said certiorari to be had as in other cases now provided by law. No appeal. Certiorari. 4. Sec. IV. That the fees of the Ordinary in each such case shall be three dollars, to be paid by the losing party; Sheriff's fees, the same as serving declaration or other process of court. Officersfees of. Sec. V. Repeals conflicting laws. Approved August 26, 1872.

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TITLE XVIII. PUBLIC SCHOOLS. Section. 1. Replacing school fund. 2. Good bonds substituted for illegal bonds. 3. Proceeds of bonds. 4. Surplus to remain in treasury. 5. Bonds to be cancelledwhen. 6. State Board of Education. 7. State Boardhow convened. 8. State Board may hold property, etc. 9. State Board may use seal. 10. State Board, advisory bodywhen. 11. State School Commissionerappointment of, etc. 12. State School Commissioner must visit counties, etc. 13. Revenueapportionment of. 14. Annual Report of State School Commissioner. 15. Salary of State School Commissioner. 16. Oath of State School Commissioner. 17. School Districts. Section. 18. County Boardshow chosen, etc. 19. County Boards shall meetwhen. 20. County Boardsduties of. 21. Sub-districts and graded schools. 22. School sites and school-houses. 23. Local controversieshow settled. 24. Text-books. 25. Employment of teachers. 26. Revocation of licenses. 27. County Commissioner. 28. County Commissionersalary of. 29. Teachersduties of. 30. School property. 31. Childrenadmission free. 32. Evening schools. 33. Academic year. 34. Ambulatory schools. 35. Time of apportioning school fund. 36. Common school fund. 37. Manual labor schools. 38. Sectarian books prohibited. 39. Independent school systems. (No. 70O. No. 49.) An act to provide for the payment of the debt due to teachers and school officers who did service under the public school law in the year 1871. 1. Section. 1. Be it enacted by the General Assembly of the State of Georgia , That the Governor, with the assistance of the Comptroller General, be hereby authorized and directed, immediately after the passage of this act, to levy such a per centage upon the taxable property of the State, in addition to the per centage authorized to be levied under an act to levy and collect a tax for the support of the Government for the year 1872, and for other purposes, approved January 19, 1872, as shall replace in the treasury all the funds appropriated by law to the support of common schools, which have been drawn out and used for other than school purposes since the fourth day of November, 1871: Provided , The additional tax levied for said purpose shall not exceed one-tenth of one per cent: And provided further , That the Ordinaries, County Commissioners or County Judges of the several counties, in levying

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the tax, that the counties shall levy and collect for county purposes, shall not estimate the amount here required to be levied as part of the State tax, and shall not levy any county tax as a per cent. on the same; and that so much of the first moneys paid into the treasury from all sources shall be set aside to replace the amount due the School Fund as, in the opinion of the Governor, can be spared from other legitimate appropriations; and should said School Fund be satisfied before all the taxes are due, then the balance due as school tax shall, when collected, go to replace the amount due the State for moneys thus used for the School Fund. Additional tax to replace School Fund. Not to exceed one-tenth of one per cent. 2. Sec. II. And be it further enacted , That the Governor is hereby authorized and directed to have the illegal bonds, amounting to $268,000, which were deposited in the treasury on the 6th of August, 1870, under an act to set apart and secure the school fund, canceled and lawfully executed bonds, of like tenor and of equal amount, substituted there for; and that he be further required to sell the bonds thus substituted, together with the lawfully executed bonds placed in the hands of the Treasurer during the present year, under the aforesaid act, as soon as the sale can be negotiated at rates not injurious to the credit of the State. Illegal bends cancelled. Good bonds in lieu thereof. 3. Sec. III. And be it further enacted , That, as any considerable amounts are realized from the sources above indicated, it shall be the duty of the State School Commissioner to apportion the same among the several counties, upon the basis of the number of children in each of school age, as determined by the school law, approved October 13, 1870, and submit his estimate of apportionment to the Governor, who shall, from time to time, draw his warrant upon the State Treasurer, in favor of the County Treasurer of each county, till the existing school debt due said connty is liquidated. Apportionment of proceeds. 4. Sec. IV. And be it further enacted , That, whenever the school debt in any county is fully paid, the unexhausted part of any apportionment to said county, or any such apportionment subsequently made, shall remain in the treasury to the credit of said county for future school work; and if, at the time of any general apportionment, the County School Commissioners of certain counties shall have failed to make a return of the enumeration of the school population of their respective counties, it shall be the duty of the State School Commissioner to make an approximate estimate of apportionment upon which the distribution shall be made; and the pro rata of any county failing, as aforesaid, to make all enumeration return, as nearly as the same can be ascertained, shall remain in the treasury to the credit of the county, to be drawn upon and used for the benefit of the people of the county under the public school law. Surplus to remain in treasury. 5. Sec. V. And be it further enacted , That whenever the entire amount of school funds, hitherto used for other than

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school purposes, shall have been replaced in the treasury from the sale of bonds, as provided in the second section of this act, any of said bonds remaining unsold shall be canceled by order of the Governor. Bonds to bs cancelledwhen. Sec. VI. Repeals conflicting laws. Approved August 19, 1872. (No. 71O. No. 108.) An act to perfect the Public School System and to supersede existing school laws. 6. Section I. 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 the Georgia State Board of Education; of this board, the Governor shall be ex officio president, and the State School Commissioner the chief executive officer. The clerk of the State School Commissioner, as hereinafter provided for, shall be the clerk of the State Board of Education. He shall be the custodian of its records, papers and effects, and keep minutes of its proceedings, and said records, papers and minutes shall be kept at the office of the Commissioner, and shall be open for inspection. State Board of Educat'n President. Chief eqecutive officer Clerk. 7. Sec. II. And be it further enacted , That the said board shall meet upon the call of its president, or a majority of its members, at the office of the State School Commissioner, at the capitol, or at such other place as may be designated in the call. A majority of the board shall constitute a quorum for transacting business. Boardhow convened. Quorum. 8. Sec. III. And be it further enacted , That the said board may take and hold, to it and its successors in trust for the State, any grant or devise of lands, or any donation or bequest of money or other personal property, made to it for educational purposes, and shall forthwith place in the hands of the Treasurer of the State, for safe keeping, all moneys and personal property so received, and titles to land, taking therefor a receipt from said officer. When it is evidently the intention of the donor or devisor that the corpus of moneys thus received is not to be used, the General Assembly may, from time to time, invest said moneys in the name of the State: Provided , That all moneys obtained under this section, together with the profits accruing from their investment, shall be subject to use only for educational purposes. The Treasurer of the State shall pay to the order of the board, the income or principal thereof, as said board may from time to time require, in pursuance of law; but no disposition of any devise, donation

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or bequest shall be made inconsistent with the conditions or tenor of the devise, donation or bequest. For the faithful keeping of all property or moneys 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. May take and hold grant of land or donation of money. Shall turn them over to State Treasurer. MoneyGeneral Assembly may invest. May only be used for educational purposes. To be used as donor intended. Treasurer responsible for safety of. 9. Sec. IV. And be it further enacted , That the State Board of Education shall procure a suitable seal, which shall be used for the authentication of the acts of the board, and the important acts of the State School Commissioner. Seal. 10. Sec. V. And be it further enacted , That the State Board of Education shall constitute an advisory body, with whom the State School Commissioner shall have the right to consult when he is in doubt as to his official duty; and also a body in the nature of a court, to which appeals shall be from the decision of the State School Commissioner upon any question touching the construction or administration of the school laws, and the decision of the State Board, when rendered, shall be final and conclusive upon the matter in issue. Appeals to the State Board must be made through the County Commissioner, in writing, and must distinctly set forth the question of law, as well as the facts, in the case upon which the appeal is taken. A majority of this board shall constitute a quorum, and, upon any question involving the construction or administration of the school laws, the concurrence of a majority of the whole board shall be necessary in order to give validity to the decision. Advisory board-State Board may be. Appeals made from decision of State School Commiss'er to State Board. How decided. 11. Sec. VI. And be it further enacted , That the State School Commissioner shall be appointed by the Governor and confirmed by the Senate. A suitable office shall be furnished him at the seat of government, at which the books and papers relating to the business of said office shall be kept. He shall be charged with the administration of the school laws, and a general superintendence of the business relating to the public schools of the State. He shall prescribe suitable forms for the reports required of subordinate school officers, and blanks for their guidance in transacting their official business; and shall, from time to time, prepare and transmit to them such instructions as he may deem necessary for the faithful and efficient execution of the school laws; and by whatsoever is thus communicated to them shall they be bound to govern themselves in the discharge of their official duty: Provided, nevertheless , There shall always be an appeal from the State School Commissioner to the State Board of Education, as hereinbefore enacted. State School Commissionerhow appointed. Duties of. 12. Sec. VII. And be it further enacted , That it shall be the duty of the State School Commissioner to visit, as often as possible, the several counties of the State, for the purpose of examining into the administration of the school law in said counties, of counseling with school officers, of delivering popular addresses, of inspecting school operations, and of doing

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such other acts as he may deem subservient to the interest of popular education. Must visit each county Must inspect school operations. 13. Sec. VIII. And be it further enacted , That it shall be the duty of said Commissioners to apportion equitably the State school revenue to the different counties of the State, upon the basis of the aggregate of youths between six and eighteen years of age, and all Confederate soldiers under thirty years of age in each county; and the estimates thus made shall be placed before the Governor, who shall draw his warrant upon the Treasurer of the State, in favor of the County School Commissioner, for the sum belonging to each county according to said apportionment. The State School Commissioner shall see that the proper actions, provided by law, are brought against all officers and agents of the system, who are liable to the same, for misapplication of the School Fund, or other cause. Revenuehow apportioned. How drawn. Misapplication of fundssuits for. 14. Sec. IX. And be it further enacted , That the State School Commissioner shall make an annual report to the General Assembly, in which he shall present a statement of the condition and amount of all funds and property appropriated to the purposes of public education; a statement of the number of public 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 average cost per scholar of instruction under the public school system in each county; a statement of plans for the management, extension and improvement of the public schools; a statement of the number of children of school age in the State, with as much accuracy as the same can be ascertained; also, a statement of the number of private schools and of colleges of different kinds in the State; the number of pupils in such schools or colleges; their sex, the branches taught, the average cost per scholar of tuition in said schools and colleges; and, in order that he be able to carry the foregoing into execution, he shall have the right to require of the County School Commissioners to make such reports as he may prescribe upon the subjects herein mentioned; and, in default of complying, as far as may be practicable, with this requirement, such County Commissioners shall not be entitled to compensation for their official services. He shall also have the right to make the foregoing requirement of the president of the Board of Education, or chief executive officer of any public school organization in this State, operating under any special law; and, until the requirement is complied with, said organization shall not receive the pro rata part of the State School Fund to which it would be otherwise entitled. Annual report of State Commissioner to General Assembly. What to contain. County Commissioners may be required to report to State Commissioner. Also, officials of public schools operated under special law. 15. Sec. X. And be it further enacted , That the State Commissioner shall be entitled to receive for his services the sum of two thousand five hundred dollars annually, in quarterly installments. All his necessary traveling expenses, incurred

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in the performance of his official duties, except board and hotel bills, and all postage and other expenses absolutely necessary, arising in his office, shall be paid by the State. He shall also be entitled to employ one clerk to aid him in his official duties, who shall receive an annual salary not exceeding twelve hundred dollars, also to be paid quarterly. The salaries and other expenses named in this section shall pe paid out of the State School Fund, on Executive warrant. It shall also be the duty of said Commissioner to keep an itemized account of all expenses connected with his department, which account shall be audited by the State Board of Education. Salary of State Commissioner. Clerksalary of. Departm'ntexpense account to be kept. 16. Sec. XI. And be it it further enacted , That, before entering upon the discharge of his official duties, the said Commissioner shall take and subscribe to the same oath required of other officers of this State. Oath of State Commissioner. 17. Sec. XII. And be it further enacted , That hereafter each and every county in the State shall compose one school district, and shall be confided to the control and management of a County Board of Education. School districteach county to be 18. Sec. XIII. That the grand jury of each county (except those counties in which the election of the County Board of Education is otherwise provided by law) in this State shall, from time to time, select from the citizens of their respective counties five free-holders, who shall constitute the County Board of Educationthree of whom shall be elected for two years, and two for four years, but members of the board so chosen after the first election shall hold for the term of four years; that said County Board of Education shall, from their own number, or from the citizens of the county, select a secretary, who shall be ex-officio the County Commissioner of Education, and shall hold his office for the term of four years; that the Judges of the Superior Courts of this State shall have power to fill vacancies, by appointment, in the County Boards of Education for the counties composing their respective judicial circuits, until the next session of the grand juries in and for said counties, when said vacancies shall be filled by said grand juries: Provided , That the elections of County Boards and County Commissioners already held under the amendatory school law, approved January the 19th, 1872, shall be valid, and the officers thus chosen shall continue in office for the terms for which they were severally elected: Provided further , That the County School Commissioner shall be required to give bond, with good security, payable to the County Board of Education, conditioned upon the faithful performance of his duty under the law, the amount of bond and sufficiency of the security to be judged of by the County Board of Education, but no County School Commissioner shall receive, for receiving and disbursing said money, any more compensation than his per diem pay. Whenever

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members of a County Board are elected or appointed in pursuance of the provisions of this section, it shall be the duty of the Clerk of the Superior Court to forward to the State School Commissioner a certified statement of the facts, under the seal of the court, and signed officially by him, as evidence upon which to issue commissions, and the corresponding evidence of the election of a County Commissioner shall be the certified statement of the secretary pro tem. of the meeting of the board at which the election was held. The County Commissioners, or any member or members of any Board of County Commissioners, shall be removable by the Judge of the Superior Court of the county, on the address of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office. County Boardhow chosen. May elect secretary. Vacancies how filled. Election ofalready held, declared valid. County Commissioners shall give bond. County Boardelection of, how certified. Removal of Commissioners or members of County Boardhow effected 19. Sec. XIV. And be it further enacted , That they shall meet on the first Tuesday of the month succeeding that of their election, or as soon thereafter as practicable, at the court-house of their respective counties, which place shall be hereafter the regular place of meeting of said board, and organize by electing one of their number president, who shall serve as such during the term for which he was chosen a member of the board, and a secretary, which last mentioned officer shall also, by said election, 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 meetings 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 countersigned by the secretary. County board-when to meet. Must elect a president and secretary. Quorum. 20. Sec. XV. 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 each three months thereafter, at the court-house of the county, for the transaction of business pertaining to the public schools, with power to adjourn from time to time; and in case of the absence of the president or secretary, they may appoint one of their own number to serve temporarily. The said County Board shall not remain in session longer than two days at its regular meetings, and the only compensation said County Board shall receive for their services is exemption from road, jury and military duty; but said board may, in case of a vacancy in the office of secretary, hold a called meeting for the purpose of filling said vacancy, and at such called meetings each member shall be entitled to the same compensation as at the regular meetings. Duties of County Board. Compensation of. 21. Sec. XVI. And be it further enacted, etc. , That the County Boards shall lay off their counties into sub-districts, in each of which they shall establish one or more primary schools,

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and in those sub-districts where the public wants demand ampler educational facilities, they shall have the power to establish graded schools, from the primary school to the high school; and in the location of schools the board shall consult convenience and economy, paying due regard to population and neighborhood, and having respect to any school-house already built or site procured, as well as to all other circumstances proper to be considered in order to promote the best interests of the schools, and whenever it becomes proper to lay off new sub-districts, or alter the boundaries of those already laid off, the said board shall have full power to make such changes as the public necessities may require. The said County Boards are also hereby empowered to employ teachers to serve in the schools under their jurisdiction, and the contracts for such service shall be in writing, signed in duplicate by the teacher on his own behalf, and by the County School Commissioner on behalf of the board. Sub-districts. Graded schools. Charges may be made. Teachershow employed. 22. Sec. XVII. And be it further enacted , That the County Boards of Education shall have power to purchase, lease or rent school-sites; to build, repair or rent school-houses; to purchase maps, globes and school furniture, and to make all other arrangements of this kind necessary to the efficient operation of the schools under their care; and the said boards shall also be, and are hereby, invested with the title, care and custody of all school-houses, sites, school libraries, apparatus, or other property belonging to the sub-districts as now defined, or as may hereafter be defined, in their several counties, with all power to control the same in such manner as they think will best subserve the interests of public schools; and when, in the opinion of the board, any school-house site has become unnecessary, or inconvenient, they may sell and convey the same in the name of the County Board of Education; such conveyance to be executed by the president or secretary of said board, according to the order of the board. They shall have power to receive any gift, grant, donation or devise made for the use of public schools within their respective counties; and all conveyances of real estate which may be made to said board shall vest the property in said Board of Education and their successors in office. It shall also be the duty of said Board of Education to make arrangements for the instruction of the children of the white and colored races in separate schools. They shall, as far as practicable, provide the same facilities for both races, in respect to attainments and abilities of teachers, and length of term time; but the children of the white and colored races shall not be taught together in any public school of this State; and in respect to the building of the school-houses mentioned in this section, the said Board of Education may provide for the same, either by labor on the part of the citizens of the sub-district to be served, or by tax on their property, as hereinafter provided. School sites and school houses. School libraries. Gifts, grants or donations. Separate schools for white and colored children. Not to be taught together.

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23. Sec. XVIII. And be it further enacted, etc. , That the County Board of Education shall constitute a tribunal for hearing and determining any matters of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony, if necessary; and when they have made a decision, said decision shall be binding upon the parties to the controversy: Provided , That either of the parties shall have the right to appeal to the State School Commissioner, and said appeal shall be made through the County Commissioner, in writing, and shall distinctly set forth the question in dispute, the decision of the County Board, and the testimony as agreed upon by the parties to the controversy, or if they fail to agree upon the testimony as reported by the Commissioner. Local controversiesby whom determined. Appeal from decision of County Board. 24. Sec. XIX. And be it further enacted, etc. , That the County 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 county: Provided , That the Bible shall not be excluded from the public schools of the State. Text-books The Bible. 25. Sec. XX. And be it further enacted , That the County Commissioners shall examine all applicants for license to teach in their respective counties, giving previous public notice of the day or days upon which the examinations are to take place, and said commissioners shall be allowed to invite such persons as they may think proper to assist in these examinations. Applicants for license to teach in the primary schools shall be examined upen orthography, reading, writing, English grammar, geography and arithmetic, and those who propose to teach in schools of higher grade, upon the studies belonging to the schools of said higher grade; it shall furthermore be the duty of said County Commissioners, when applicants are adjudged competent to govern a school and give instruction, to recommend them to the County Boards for a license of the first, second or third grade, to be determined by the qualifications exhibited, and said County Boards may act upon this recommendation at any meeting of the board, regular or called, and the licenses so granted shall be good for one, two or three years, according to its grade, and shall entitle the holders to be employed as teachers in any of the schools of the county where issued, but, to be good in another county, must receive the indorsement of the commissioner for said county: Provided , That an applicant proposing to teach in the primary schools may be examined upon a portion only of the studies of said schools, and receive a license to teach said studies in a particular sub-district of his county: And provided further , That no applicant shall receive license without having first produced satisfactory evidence of good moral character. Teachershow examined. Upon what branches. License to teachby whom given 26. Sec. XXI. And be it further enacted , That the County Commissioner shall have power, and it shall be his duty, to

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revoke licenses granted by him or his predecessors, for incompetency, immorality, cruelty to pupils, or general neglect of his duties; and the revocation of the license of any teacher shall terminate the connection of said teacher with any school which he 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. Licensesby whom granted and for what revoked. 27. Sec. XXII. And be it further enacted , That the County Commissioner shall constitute the medium of communication between the State School Commissioner and the subordinate school officers; that he shall visit each school in his county at least twice in the year for the purpose of inspecting its management and the modes of instruction, and of giving such advice and making such suggestions as shall tend to elevate it in character and efficiency; that he shall take in each year, at such times as may be designated by the State School Commissioner, an enumeration, by sub-districts, of the youths of his county between the ages of six and eighteen years, noting separately the number of white and colored children, and also the number of males and females of each race; that he shall make to the State School Commissioner such reports as may be required by that officer, in reference to the statistics of schools, both public and private, and of the colleges in his county; that he shall make an apportionment of the School Fund of the county, both that derived from the State and that which may be raised by general taxation upon the property of the county, on the basis of the number of children of school age in the several sub-districts, and report the same to the County Board, and when said fund is disbursed by the County Commissioner, it shall be done only by the order of the said County Board, made in accordance with said apportionment; that he shall be the agent of the County Board in procuring such school furniture, apparatus and educational requisites as they may order to be purchased; that it shall be his duty to audit all accounts of teachers and others before an application is made to the County Board for an order for payment, and that the said County Commissioner shall procure a book in which he shall keep a record of his official acts, which, together with all the books, papers and property appertaining to his office, he shall turn over, on his resignation or at the expiration of his official term, to his successor. County Commissionermedium of commnnication betw'en whom Duties of. Shall audit accounts of teacherr. Must keep record of his acts, etc. 28. Sec. XXIII. And be it further enacted , That the said County Commissioner shall receive such compensation as the County Board may allow him, not to exceed three dollars per day, to be determined by the County Board of Education, for each day actually employed in the discharge of his official duties, the same to be paid out of the Educational Fund furnished to the county. His claim for services shall be presented in the form of an account against the County Board of Education, and shall be verified by affidavit to the effect that the

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said account is just and true; that the service therein named was honestly and faithfully rendered, and that the sum therein claimed is rightly due and remains unpaid. When said account shall have been duly audited and approved by the County Board, the said commissioner shall retain his pay out of the revenue aforesaid: Provided , That the County Board of Education shall determine the number of days in each year in which said County Commissioner may labor in performance of the duties required of him: And provided further , That he may be paid at the State treasury, on Executive warrant, drawn upon the School Fund, out of the pro rata standing to the credit of his county, for any absolutely necessary service rendered by him, in cases where his county has forfeited her pro rata part of the State Fund by failure, on the part of the County Board, to make local provision for continuing the schools in operation the length of time required by lawsaid warrant to be drawn on an account, verified and audited in the same manner as provided in the foregoing. His compensation His time for work limited. 29. Sec. XXIV. 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 said term, distinguishing between males and females, and colored and white, the average attendance, 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 report by the County Commissioner, or by the State School Commissioner; and until such report shall have been prepared and filed by said teacher as aforesaid, it shall not be lawful for said County Commissioner to audit the account of said teacher for his or her services. Teachersduties of. 30. Sec. XXV. And be it further enacted , That each and every lot or parcel of land which has been, or may hereafter be obtained, by purchase or in any other way, by any County Board of Education, for the use of public schools, together with any school building that may have been or shall be erected thereon, and all school furniture, shall be exempt from all taxes, State and county, and from levy and sale under any execution or other writ or order in the nature of an execution: Provided , That the lot of land so exempted shall not exceed four acres, and if there be any excess over that number of acres, then that portion, not to exceed four acres, most convenient for school purposes, shall be exempt as aforesaid, the exempted portion to be set off by order of the County Board. School property exempt from taxation. Proviso. 31. Sec. XXVI. And be it further enacted , That admission to all the public schools of this State shall be gratuitous to all the children residing in the sub-districts in which the schools are located: Provided , That colored and white children shall not attend the same school; and, in special cases,

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to meet the obvious demands of convenience, children residing in one sub-district may, by express permission of the County Board, attend the primary schools of another sub-district, and when a primary school is located near a county line, children from the adjoining county, in cases when convenience requires, may, by the concurrent consent of the County Boards of the respective counties, be permitted to attend the school, and in such cases the teacher shall make out two accounts for his servicesone against each County Boardin amount proportioned to the number of children in the school from the respective counties; and when a school is established in any subdistrict, of a higher grade than the primary, the children of another sub-districteither in or out of the countymay be permitted to attend, upon such terms, or upon the payment of such tuition as the County Board may prescribe. Childrenfree admission to schools. 32. Sec. XXVII. And be it further enacted , That the Board of Education of any county shall have the power to establish, at such places as they may deem proper, within the limits of their jurisdiction, a suitable number of evening schools, for the instruction of such youth, over twelve years of age, as are prevented by their daily avocations from attending day schools, subject to such regulationsnot inconsistent with the provisions of this act and the instructions issued under it by the State School Commissioneras said board from time to time may adopt for the government thereof. Evening schools may be established. 33. Sec. XXVIII. And be it further enacted , That the academic and calendar or civil years shall be co-incident, and that it shall be the duty of the State School Commissioner, by the 15th day of January of each year, or as soon thereafter as practicable, to communicate to the County Board of Education of each county an approximate estimate, computed upon the same basis as that mentioned in section eight of this act, of the pro rata part of the State School Fund falling to said county for that year, and as soon thereafter as the said County Board shall communicate satisfactory evidence to the State School Commissioner that arrangements have been made by them, by taxation or otherwise, for continuing primary schools, free to all, in operation for three months in the year throughout the entire county, or for two months when it is adjudged necessary to establish ambulatory schools, as hereinafter provided, said county shall be deemed and held entitled to draw her proportionate part of the State fund, through the appointed channels, whenever said fund is ready for distribution; and until such evidence is submitted to the State School Commissioner, said pro rata part of the State fund shall remain in the State treasury to the credit of said county. Academic year. Pro rata share of school fund for each county. 34. Sec. XXIX. And be it further enacted , That whenever, on account of sparseness of population, it is impracticable for the County Boards to make arrangements for keeping up the primary schools for three months of the year, said

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boards shall have the power to provide for schools to continue for two months only, and said schools shall be so located as to be convenient to the majority of the children for whose benefit they are established, and shall each contain not less than fifteen pupils; and the school terms may be so arranged that the same teacher may serve in two, three or more of said schools. Ambulatory schools. 35. Sec. XXX. And be it further enacted , That the apportionment of the State School Fund required by the eighth section of this act shall be made by the State School Commissioner, each year, by the first of July, or as soon thereafter as practicable, and when the funds drawn under that apportionment, as well as any other school funds raised by local taxation, are placed in the hands of any County Commissioner, he shall be holden for all amounts so received upon his official bond as treasurer, and shall disburse the same only upon the order of the County Board of Education; and the said County Commissioner shall not be entitled to compensation for receiving any school funds, but as provided herein. Apportionment of State school fundwhen made. 36. Sec. XXXI. 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, a special tax hereafter to be levied on the sale of spirituous and malt liquors, 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 the monthly payments made by the lessees of the Western Atlantic Railroad, or one-half the annual net earnings of said railroad, as ascertained by subtracting the annual cost of running and keeping up the road from the annual gross receipts, under any change of policy which the State may hereafter adopt in reference to said railroad, are hereby declared to be a common school fund, and such other sums as the State may from time to time raise by a general tax upon the whole property of the State; and when said common school fund shall be received and receipted for, from whatever source received, it shall be the duty of the officer authorized by law to receive such fund, to keep the same separate and distinct from other funds, and said funds shall be used for educational purposes, and none other, and shall not be invested in bonds of this State, or in other stocks, except when investment is necessary to carry out the conditions of an endowment, devise, gift or bequest; and when taxes are paid into the treasury of the State, the Comptroller General shall, in no case, receipt a Tax Collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated, in amount, from the gross amount paid in. Common school fund. 37. Sec. XXXII. And be it further enacted , That the County Board of Education shall have power to organize in

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each county one or more manual labor schools, on such plan as shall be self-sustaining: Provided , That the plan be first submitted to and approved by the State Board of Education. Manual labor schools. 38. Sec. XXXIII. And be it further enacted , That the County Boards of Education shall not be permitted to introduce into the schools any text or miscellaneous books of a sectarian or sectional character. Sectarian and sectional books prohibited. 39. Sec. XXXIV. And be it further enacted , That nothing in this act shall be so construed as to prevent any city with a population greater than two thousand inhabitants, or any county under authority from the General Assembly of this State, from organizing a public school system, independent of this system, or to prevent the said independent organization from drawing its pro rata share of all educational funds raised by the State: Provided , The chief executive officer of such independent organization shall make the same regular reports to the State School Commissioner as are required from the County Commissioners by this act; nor shall this act be so construed as to abridge any privileges of the kind herein recited, enjoyed by cities or counties under existing laws. Cities may have independent school systems, and draw pro rata share of school fund. Sec. XXXV. And be it further enacted , That the public school law approved October 13, 1870, and that approved January 19, 1872, amendatory of the former, and all laws inconsistent with the provisions of this act, are hereby repealed. Approved August 23, 1872. TITLE XIX. TAXES. Section. 1. Tax executions transferable. 2. Tax on printing material. 3. Tax on unreturned wild lands. 4. Wild landshow returned for taxation. 5. Wild lands of non-residentshow returned. Section. 6. Unimproved landhow assessed. 7. Code amended as to tax on wild lands. 8. Tax, countyjury certificates receivable for. (No. 72O. No. 260.) An act to authorize the transfer of executions issued for State and county and municipal taxes and other executions, and to secure certain rights to the transferrees. 1. Section I. Be it enacted , That whenever any person, other than the person against whom the same has issued, shall

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pay any execution issued for State, county or municipal taxes, or any other execution issued without the judgment of a court, under any law, the officer whose duty it is to enforce said execution shall, upon the request of the party so paying the same, transfer said execution to said party, and said transferree shall have the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed before said transfer. Tax executions transferred to party paying taxby whom. Sec. II. Repeals conflicting laws. Approved August 24, 1872. (No. 73O. No. 381.) An act to regulate the taxation of printing material in this State. Whereas, There has existed a custom with the officers of this State by which no tax has been assessed or collected on printing presses, types and other printing material, for a series of years past, upon which persons engaged in that line of business appear to have made their investments acting therein in apparent good faith: Preamble. 2. Section I. Be it enacted, etc. , That no tax shall be collected on the above-named species of property for any year previous to the year 1871, for which year and for each year thereafter said species of property shall be assessed and taxed as other personal property, excepting three hundred dollars of the value thereof in each printing office, which amount shall be exempt from taxation. Printing presses, material, etc.how taxed. Exemption. Sec. II. Repeals conflicting laws. Approved August 27, 1872. (No. 74O. No. 358.) An act to authorize and require the Comptroller General to suspend the issuing of executions, and the collection of taxes now due upon unimproved wild lands in this State. 3. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, the Comptroller General of the State be, and he is hereby, authorized and required to suspend the issuing of executions and

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collection of taxes now due upon unreturned wild lands in the State, until otherwise directed by the General Assembly. Wild landstax execution against suspended. Sec. II. Repeals conflicting laws. Approved August 26, 1872. (No. 75O. No. 212.) An act to prescribe when and how lands subject to taxation shall be returned, and to repeal certain sections of the Code in relation to returns of wild lands, and for other purposes. 4. Section I. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, all lands in this State, subject to taxation, whether improved or unimproved, shall be returned by the person or persons owning the same, his, her or their agent or attorney, to the Receiver of the county where the land lies; and it shall be the duty of the Receiver to require all persons making returns of land in his county to return the same by district, number and section, if the lands have such designation, and when lands have no such designation, then by such description as will enable the Receivers to identify them. Receivers are prohibited from receiving any returns of lands which does not so designate them; and the Comptroller General is prohibited from allowing any Receiver compensation or percentage for his services, who receives returns in any other manner. Lands returned for taxation in counties where situated. District, number and section. Receivers may not receive ret'rnswhen. 5. Sec. II. Be it further enacted , That the returns required in the first section of this act, so far as it relates to returns of wild lands, may be made in the case of non-residents, females, absentees and sick persons, by forwarding by mail or other safe conveyance, a statement, under oath, of the lands owned and the value thereof; and the taxes due upon the same shall be paid to the officer of the county in which the return is made, who by law is authorized to collect the taxes of such county. Wild landshow returned. Taxes onto whom paid. 6. Sec. III. Be it further enacted , That all unimproved lands not returned, as required by the provisions of this act, shall be assessed, and the taxes due thereon be collected in the same manner and by the same means as now prescribed by law for improved lands: Provided , The owner or owners of such wild lands shall have the privilege of redeeming the same within two years from the day of its sale, by paying to the purchaser the amount paid therefor at the sale for taxes, with ten per cent. interest thereon. Unimprov'd lands not returnedhow assessed. Proviso.

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7. Sec. IV. Be it further enacted , That the words except vacant or wild lands, in the second line of section 851 of the Revised Code of Georgia, be stricken therefrom; that sections 869, 870, 871, 872, 873, 874, 875, 876, 877 and 878 of the Code, and all laws and parts of laws militating against this act be, and the same are hereby, repealed. Codecertain secti'ns repealed. Approved August 24, 1872. (No. 76O. No. 319.) An act to require the Tax Collectors of this State to receive jury-certificates for county tax. 8. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, it shall be the duty of the Tax Collectors of this State to receive jury certificates, when properly authenticatedas far as they will go toward paying the county tax of the person holding the samefor all taxes due by the tax-payers of this State to their respective counties. Jury certificates receivable for taxes. Sec. II. Repeals conflicting laws. Approved August 26, 1872. TITLE XX. TELEGRAPH COMPANIES. Section. 1. May construct lines on railroad right-of-way. 2. Erection of posts, etc., and liability for damage. Section. 3. Assessment of damages to railroad companies. (No. 77O. No. 359.) An act to empower and authorize telegraph companies in this State to construct their lines upon the right-of-way of the several railroad companies in this State. 1. Section I. The General Assembly of the State of Georgia do enact, etc. , That, from and after the passage of this act, it shall be lawful for any person or persons, or any duly incorporated

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telegraph company having the right to do business in this State, to construct, erect and maintain upon the right-of-way of the several railroad companies in this State, and along the lines thereof, their posts, fixtures and wires, and to operate the same. Telegraph companies may build lines on right of way of railroads. 2. Sec. II. And be it further enacted , That said fixtures, posts and wires shall be erected at such distances from the tracks of said railroads as will prevent all or any damages to said railroad companies by the falling of said fixtures, posts and wires upon said railroad tracks, and said telegraph companies shall be liable to said railroad companies for all damages resulting from a failure to comply with the provisions of this act. Shall erect posts and wireshow. Damagesliable for when. 3. Sec. III. And be it further enacted , That, in the event that any railroad company should deem that they had sustained damage by reason of the location of a telegraph line over their right-of-way, the damage, if any, shall be assessed and paid as follows: The railroad company shall select one commissioner, and the person or telegraph company constructing such telegraph line shall select another, and these two shall select a third, and the three persons thus selected shall assess the damage, if any, and the amount so awarded by them shall be paid by the persons or telegraph company constructing said line to the railroad company. Damages to railroadshow assessed. Sec. IV. Repeals conflicting laws. Approved August 26, 1872.

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TITLE XXI. TERM OF OFFICE. Section. 1. Governorterm of office of defined. 2. Senators and Representativesterm of office of defined. 3. Supreme Court Judgesterm of office of defined. 4. Superior Court Judgesterm of office of defined. 5. Attorney General and Solicitor Generalsterms of office of defined. Section. 6. Secretary of State, Treasurer, Comptroller General, Surveyor Generalterms of office of defined. 7. Ordinariesterms of office of defined. 8. Sheriffs, Clerks Superior Courts, Tax Collectors, Tax Receivers, Surveyors and Coronersterms of office of defined. 9. Newly elected Governor to make Appointmentswhen. 10. Officers to hold their officeshow long. (No. 78O. No. 360.) An act to define the terms of office of the several civil officers of this State. 1. Section I. The General Assembly of the State of Georgia do enact, etc. , That the term of office of the Governor of the State who shall be elected at the next ensuing election shall begin on the first day of January, 1873, or so soon thereafter as he shall be inaugurated, in the manner directed by the Constitution, and shall expire on the first day of January, 1877; and the term of office of each succeeding Governor, until otherwise provided, shall begin on the first day of January next succeeding the date of his election, or so soon thereafter as he shall be inaugurated, in the manner directed by the Constitution, and expire on the first day of January four years next thereafter. Term of office of Governor. 2. Sec. II. The terms of office of the Senators and Representatives to be elected at the ensuing election shall begin on the first day of January, 1873; and the terms of the Representatives so elected shall expire on the first day of January, 1875; and the terms of the Senators so elected shall expire on the first day of January, 1877, and all succeeding terms of Senators shall begin and expire on the first days of January, according to the terms prescribed in this section. Of Senators and Representatives. 3. Sec. III. That the terms of office of the Judges of the Supreme Court shall begin and end as follows: The term of

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the successor to the term of the Judge who was appointed in 1868, for the term of four years, shall begin on the first day of January, 1873, and expire on the first day of January, twelve years next thereafter; the term of the successor to the term of the Judge who was appointed in 1868, for the term of eight years, shall begin on the first day of January, 1877, and expire on the first day of January, twelve years next thereafter; the term of the successor to the term of the Chief Justice shall begin on the first day of January, 1881, and expire on the first day of January, twelve years thereafter; and all succeeding terms of the Judges of the Supreme Court shall, in the manner herein pointed out, begin on the first day of January, and end on the first day of January, twelve years next thereafter. Of Supreme Court Judges. 4. Sec. IV. The terms of office of the Judges of the Superior Courts of this State shall begin and end as follows: The terms of the successors to the terms of the Judges who were appointed in 1868, for the term of four years, shall begin on the first day of January, 1873, and expire on the first day of January, eight years next thereafter; the terms of the successors to the terms of the Judges who were appointed in 1868, for eight years, shall begin on the first day of January, 1877, and expire on the first day of January, eight years next thereafter; and all succeeding terms of the Judges of the Superior Courts shall, in the manner herein pointed out, begin on the first day of January, and expire on the first day of January, eight years next thereafter. Of Judges of Superior Courts. 5. Sec. V. The terms of office of the successors to the terms of Attorney General and Solicitors General, who were appointed in 1868, for four years, shall begin on the first day of January, 1873, and expire on the first day of January, 1877; and all succeeding terms of the Attorney and Solicitors General shall, in like manner, begin on the first day of January, and expire on the first day of January four years next thereafter. Of Attorney General and Solicitors General. 6. Sec. VI. The terms of the successors to the terms of the Secretary of State, Treasurer, Comptroller General and Surveyor General, who were elected in the year 1868, shall begin on the first day of January, 1873, of so soon thereafter as they shall be elected by the Legislature which shall inaugurate the newly elected Governor, as herein provided, and expire on the first day of January, four years next thereafter; and all subsequent terms of said officers shall, as herein directed, begin on the first day of January, or so soon thereafter as they shall be elected by the Legislature which shall inaugurate the newly elected Governor, and expire on the first day of January, four years next thereafter. Of Secretary of State, Treasurer, Comptroller General and Surveyor General. 7. Sec. VII. That the terms of the successors to the terms of the several Ordinaries in this State, who were elected in the year 1868, shall begin on the first day of January, 1873, and

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expire on the first day of January, 1877; and succeeding terms of the several Ordinaries in this State shall, as directed in this section, begin on the first day of January, and expire on the first day of January, four years next thereafter. Of Ordinaries. 8. Sec. VIII. That the terms of the Sheriffs, Clerks of the Superior Courts, Tax Collectors, Tax Receivers, County Treasurers, County Surveyors and Coroners, who shall be elected at the next ensuing election, shall begin on the first day of January, 1873, and expire on the first day of January, 1875; and all succeeding terms of said officers shall, as directed in this section, begin on the first day of January, and expire on the first day of January, two years next thereafter. Of Sheriffs, Clerks of Superior Courts, Tax Collectors, Tax Receivers, Treasurers, Surveyors and Coroners. 9. Sec. IX. That whenever the terms of the offices of Judges of the Supreme Court, or of the Superior Court, or of the Attorney or Solicitors General, shall, by this act, expire on the first day of January, and the term of office of a newly elected Governor shall begin on the same day, the terms of said offices shall not be deemed to expire until the inauguration of the newly elected Governor, and upon said newly elected Governor shall devolve the duty of appointing the said officers for the succeeding terms, and the terms of the officers appointed by said newly elected Governor shall expire on the dates hereinbefore mentioned, as if they had been appointed on said first day of January. When terms of certain officers expire before inauguration of Governor 10. Sec. X. That all of said officers shall hold their several offices until their successors are elected or appointed and qualified; and in all cases where any one of said offices shall become vacant by the resignation, death or removal of the officer, before the expiration of his term, the successor to said officer shall be elected or appointed only for the remainder of said unexpired term. Officers to hold officehow. Sec. XI. Repeals conflicting laws. Approved August 26, 1872.

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TITLE XXII. TURNPIKE ROADS. Section. 1. Failure to keep chartered turnpikes, etc., in repair. 2. Owners may be cited before Ordinary. Section. 3. Issuehow tried. 4. Verdict of Jury. 5. Proceeding may be hadwhen. (No. 79O. No. 312.) An act to provide a remedy against the collection of tolls by owners of certain kinds of toll-bridges and turnpike roads, when the same are not in good traveling condition, and for other purposes. 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, if any owner or owners of any chartered toll-bridge or turnpike road in this State, the charter of which was granted by any of the courts of this State, or by the Legislature of this State, shall fail or refuse to keep the same in good repair, and in terms of the provisions of its charter, it shall be the right and privilege of any person to file, with the Ordinary of the county in which said charter was granted, a petition in writing, setting forth the parties and the facts, and praying for the remedy herein set forth. Chartered toll-bridges, and turnpikes. Failure of owners to keep in repair. Petition setting forth facts. 2. Sec. II. That on the filing of said petition with the Ordinary, he shall issue a citation, directed to the Sheriff of said county, his deputy, or any lawful Constable, requiring the defendant to appear before him at the court-house of said county, on a day therein named, to defend said suit. A copy of said petition and citation shall be served upon the defendant, either in person or by leaving the same at his most notorious place of abode; or if he be without the county, then upon the gate-keeper, at least fifteen days before the time for trial; and said Ordinary shall also cause a jury of twelve men to be summoned to try the issue in such case. Defendants required to appear before Ordinary. To be served with notice. Jury to be summoned. 3. Sec. III. Be it further enacted , That when said cause is called and set down for trial, it shall be the duty of the Ordinary to cause an issue of facts to be made up on the pleadings and tried before said jury. The jurors shall take the general oath prescribed for jurors in common law actions in the Superior Courts of this State: Provided , That either party shall have the same rights of continuance as in other cases at common

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law; and in case of continuance, the Ordinary shall fix the time of the hearing of the same. Issue of fact Oath of juror. Proviso. 4. Sec. 4. And be it further enacted , That on the return of the verdict of the jury, if the issue be found in favor of the defendant, judgment shall be entered against the plaintiff for costs of the suit; but if the issue be found against the defendant, judgment shall be entered against said defendant for costs of suit, and also suspending his right to collect further tolls on said bridge or road until after the next term of the Superior Court of said county; after which it shall not be lawful for any tolls to be collected on any such bridge or road during the operation of said judgment: Provided, however , That the owner, or any person interested in such toll-bridge or turnpike road, may afterwards put the same in good repair, and, on making the same clearly appear to the Ordinary, said Ordinary may enter an order vacating said judgment, so far as the same operates as a suspension of the rights to collect tolls. [Illegible Text] [Illegible Text] [Illegible Text] 5. Sec. V. And be it further enacted , That all the proceedings herein named may be had either in term time or during vacation, and that the fees of the Ordinary for the whole service shall be five dollars, the jurors one dollar each for every day engaged, and the Sheriff's or Constable's fees the usual fees for like services. [Illegible Text] Sec. VI. Repeals conflicting laws. Approved August 26, 1872.

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PART II. LOCAL AND PRIVATE LAWS. Title I.CORPORATIONS. II.COUNTIES AND COUNTY REGULATIONS. III.MISCELLANEOUS. IV.PRIVATE LAWS.

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TITLE I. CORPORATIONS. Division I.BANKS AND BANKING COMPANIES. Division II.CITIES AND TOWNS. Division III.INSURANCE COMPANIES. Division IV.MANUFACTURING COMPANIES. Division V.MINING COMPANIES. Division VI.RAILROAD COMPANIES. Division VII.TELEGRAPH COMPANIES. Division VIII.TRANSPORTATION COMPANIES. Division IX.TURNPIKE AND CANAL COMPANIES. I.BANKS AND BANKING COMPANIES. No. Act. 80. AlbanyCommercial Bank of. 81. AmericusBank of. 82. AtlantaCity Bank of. 83. AtlantaDollar Savings Bank of. 84. AugustaCity Loan Savings Bank of. 85. AugustaSavings Bank of. 86. Citizens' Bank of Georgia. 87. ColumbusMerchants' Mechanics' Savings Bank of. 88. Darien Banking Company. 89. Darien Banking Company. 90. DawsonBank of. 91. Georgia Metropolitan Banking Company. No. Act. 92. Hawkinsville Bank Trust Company. 93. MaconCapital Bank of. 94. Macon Fire Insurance Trust Association. 95. Marietta Savings Bank. 96. Merchants' Farmers' Mutual Banking Trust Company. 97. Planters' Miners' Bank of the State of Georgia. 98. Real Estate Savings Bank. 99. Savannah Bank Trust Company. 100. WashingtonMerchants' Planters' Bank of.

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(No. 80O. No. 171.) An act to alter and amend an act to incorporate the Commercial Bank of Albany, approved December 11, 1871. Section 1. The General Assembly of the State of Georgia do enact , That section thirteen of the above recited act be so altered and amended as to read as follows: 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 stock subscribed by them for the debts of the bank in proportion to the number of shares held by them. Commercial Bank of Albany. Liability of stockholders. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 81O. No. 403.) An act to amend an act entitled an act to incorporate the Bank of Americus. Section 1. The General Assembly of the State of Georgia do enact , That the eighth (8th) section of said act be amended so as to render eligible to the presidency of said bank, a director, owning fifty shares of the capital stock of the Bank of Americus. Presidentwho eligible. Sec. 2. Repeals conflicting laws. Approved August 27, 1872. (No. 82O. No. 283.) An act to incorporate the City Bank of Atlanta. Section 1. Be it enacted by the General Assembly of the State of Georgia , That William L. Hubbard, John Silvey, William Jennings, W. P. Pattillo, James R. Wylie, George Hillyer and Thomas G. Healy, and their associates and successors, are hereby constituted a body corporate, under the name of the City Bank of Atlanta, and by that name shall have succession and may sue and be sued. Corporators Corporate name. Sec. 2. That the capital stock of said bank shall be fifty thousand dollars, with the privilege of increasing the same to two hundred thousand dollars, to be divided into shares of one

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hundred dollars each, and when there has been thirty thousand dollars subscribed and actually paid in, in lawful money of the United States, the said company may organize and proceed to business under this act. Capital Stock. Business may be commencedwhen. Sec. 3. That the corporate powers of said bank shall be vested in and exercised by a board of trustees of not more than nine persons, to be chosen as hereinafter provided, who shall elect from their number a board of five directors, one of whom shall be the president; a majority of said board of trustees and of said board of directors shall constitute a quorum for the transaction of business; said bank shall have power to receive deposits of money and all other valuables of any kind, to buy and sell bonds, stocks, coin, mortgages on real and personal property, bills of exchange and promissory notes, and advance and loan moneys, securities and credits, and may charge and receive, in addition to interest, such a commission on advances of money and for negotiating loans and for storage as may be agreed upon between said bank and the party or parties so buying or selling such bonds, stocks, mortgages, bills of exchange or promissory notes, or borrowing or receiving such money securities or credits, and for storing such valuables: Provided, however , The rate 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 securities for or in payment of any loans or advances made, personal property of any description, mortgages, bonds or other instruments or obligations upon any and all kinds of property whatsoever, either real or personal, and said company shall have power to purchase, hold, use, exchange, sell and convey mortgages, bonds 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, and said company shall have power to purchase, lease or erect suitable offices and stores for the transaction of their business. Trustees. Directors and President. Quorum. Bank may receive deposits. Interest and commissions. Proviso. Mortgages, etc., on property as security. Certificates, contracts, etc. Sec. 4. That said company shall have power to receive moneys on trust or 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 upon; 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 may be committed to them by any court, and shall have power to take and accept any grant, gift, assignment or bequest, and hold any real or 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 agreed upon in regard thereto: Provided , The rate of interest shall not exceed that allowed by the laws of this State; that the board of trustees shall have power to establish agencies for the transaction of the business of the bank at any

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place they may think proper, and to appoint such agents, officers and employees as may be considered necessary, and may delegate power to transact any of its business to the board of directors, or other officers or agents, as it shall deem proper. Said William L. Hubbard and William Jennings shall be, and they are hereby, appointed commissioners to open books of subscription for the capital stock of said bank at the office of said William L. Hubbard Co., in the city of Atlanta. The trustees 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 the said commissioners at the place of subscription after said books are closed, each share to represent one vote, and said trustees to hold their office until the first Monday in July of each year, or until their successors are elected; and shall have power to make such by-laws as they deem necessary to carry out the objects of the corporation, and may adopt a corporate seal and change the same at will. Money on deposit. May be trustee. Rate of interest. Agencies. Books of subscription. Trustees; how elected By-laws. Sec. 5. The minutes of the proceedings of the board of trustees shall be kept in a book at the banking office of the company, and shall be signed by the chairman and secretary of the board; also, the minutes of the proceedings of the board of directors, which shall be signed by the president and cashier; 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 or attorney in fact, in a book to be kept for the purpose. Every trustee or director shall be a stockholder. Each stockholder shall be liable for the debts of the bank, created while he is a stockholder in said company, in proportion to the amount of stock subscribed or held by him. Minutes of proceedings. Subject to inspection. Certificates of stock. Stockholdersliability of. Sec. 6. That the dividends of the net profits of the business of said bank shall be declared to stockholders in proportion to the amount actually paid in by each, on the first Mondays in July and January of each year; at the same time, the cashier shall make and publish the same statements of all liabilities and assets whatever of said bank, which statement shall be verified by his oath; such statements shall be recorded in the book of the minutes of proceedings kept by the board of directors. The trustees may hold annual meetings on the first Monday in July of each year, and at such other times as the board may deem best. Dividends. Statement of liabilities Annual meetings. Sec. 7. That each stockholder shall pay to the said commissioners forty per cent. of his whole stock within thirty days of the time of subscription for the same, and the board of trustees shall have power to call in such other installments as they think proper, from time to time, by giving thirty days' notice thereof in writing: Provided , That not more than ten per cent. of the amount subscribed shall be collected at any one time after the first payment. Subscriptions payablewhen. Approved August 26, 1872.

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(No. 83O. No. 246.) An act to amend an act entitled an act to incorporate the Dollar Savings Bank of Atlanta, approved September , 22, 1870. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, section second of the above recited act be so altered and amended as to extend the privilege of increasing the capital stock of said bank from one hundred to three hundred thousand dollars. Capital stock may be increased. Sec. 2. Be it further enacted , That said Dollar Savings Bank shall have and exercise any and all the rights, powers and privileges as are and have been heretofore conferred on the LaGrange Banking Trust Company by the act incorporating the same, approved December 11, 1871. Same privileges as La Grange Banking Trust Company. Sec. 3. Repeals conflicting laws. Approved August 24, 1872. (No. 84O. No. 361.) An act to incorporate the City Loan Savings Bank of Augusta, Georgia. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same , That John P. King, Thomas G. Barrett, Charles H. Phinizy, George T. Jackson, W. M. Read, W. H. Barnett, William C. Sibley, P. H. Woodward, 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 City Loan and Savings Bank of Augusta, 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 hereafter provided. Corporators City Loan Savings Bank of Augusta. Sec. 2. Be it further enacted , That the capital stock of said corporation shall not exceed 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 thousand dollars paid in, in cash, the said corporation may organize and proceed to business under this act. Capital stock. Shares. 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

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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 such rate 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 debts, of individuals or bodies corporate, and receive such compensation therefor as may be agreed upon between the parties. May make advances to planters on what securities. May receive deposits. May charge commissions for negotiating loans. Rates of interest. May take liens, mortgages, etc. May buy and sell land, etc. Guaranty of payment of bonds, etc. Sec. 4. Be it further enacted , 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 discription as may be committed to it by any person or persons or any corporation whatever, 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 the State, or by the election of any executor or executors, trustee or trustees, or cestui que , trust, or individual or individuals, for themselves

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or for the benefit of any married woman, 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 city bank, pending such litigation, bearing such interest as may be agreed on. May receive money in trust, or on deposit. May undertake and execute trusts. May be appointed trustees. Sec. 5. Be it further enacted , That John P. King, Thomas G. Barrett, Charles H. Phinizy, George T. Jackson, W. M. Read, W. H. Barrett, William C. Sibley and P. H. Woodward, 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 City Loan Savings Bank, at such time 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. Books of subscription. Board of Directorselection of. Sec. 6. Be it further enacted , 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. Agencies may be established. Committees of Directors may transact business. Seal. Stockholders' Conventionpower of. Sec. 7. Be it further enacted , 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, 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 be signed by the

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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 of Board of Directors. Certificates of stock. Transfer of stock. Sec. 8. Be it further enacted , 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. Expenses how defrayed. Dividends. 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. Stockholders' Convention how called. Sec. 10. Be it further enacted , That the capital stock of said corporation may at any time be increased to any amount not exceeding in the aggregate five hundred thousand 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. Be it further enacted , That the board of directors shall make semi-annual statements of said company on the first Wednesdays 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 official authorized to administer oaths, and such statements shall be kept in a book for that purpose for future reference. Semi-annual statementsDirectors to make. Sec. 12. Be it further enacted , That it shall not be lawful for this bank to charge more than seven per cent. per annum on any of its loans or discounts, and that all charges over seven per cent. per annum shall be forfeited to the borrower: 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. Not more than seven per cent. allowed. Proviso. Sec. 13. Be it further enacted , That this act shall take effect immediately upon its passage, and shall continue in force for thirty years thereafter. This act to continue thirty years. Sec. 14. Repeals conflicting laws. Approved August 26, 1872.

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(No. 85O. No. 196.) An act to amend an act entitled an act to incorporate the Savings Bank of Augusta, approved March 21, 1866. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the above recited act be amended by striking out of the first section thereof the word savings, when it occurs as a part of the name of said bank. Name changed. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 86O. No. 402.) An act to change the name of the Georgia Banking Company to the Citizens' Bank of Georgia, and to amend the charter thereof. Section 1. Be it enacted by the Senate and House of Representatives, and it is hereby enacted by the authority of the same , That the name of the Georgia Banking Company, which said company was chartered by an act approved October 27, 1870, be so changed that said company be known as the Citizens' Bank of Georgia. Citizens Bank of Georgia. Sec. 2. Be it further enacted , That the word Atlanta be, and it is hereby, substituted for the word Savannah, whereever the word Savannah occurs in said charter. Atlanta substituted for Savannah. Sec. 3. Be it further enacted , That the words one million of, in the second line of the second section of said charter, be stricken out and repealed, and the words two hundred thousand be substituted in said second section in lieu of said words one million of, and that the words one hundred thousand, in the third line of the third section of said charter, be stricken out and repealed, and the words twenty thousand be substituted in said third section for said words one hundred thousand. Changes in second section of charter. Sec. 4. Be it further enacted , That the sixteenth section of said charter be, and the same is hereby, repealed. Sec. 5. Repeals conflicting laws. Approved August 27, 1872.

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(No. 87O. No. 296.) An act to amend an act incorporating the Merchants' Mechanics' Savings Bank of Columbus, Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the second section of an act of December 19, 1871, incorporating the Merchants' Mechanics' Savings Bank of Columbus, Georgia, be amended to read: That the capital stock of said bank shall be one hundred 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 twenty-five per centum of the said present capital shall have been subscribed and paid in, the company shall have the right to organize and transact business. No stockholder shall be the debtor of the bank for an amount exceeding the net value of his stock, and shall deposit his stock certificate as security for such indebtedness, except upon such terms as other depositors, and the whole amount of stock owned by him shall always be security for any indebtedness due the bank. Capital stock. Business may be commencedwhen. Stockholdersindebtedness of. Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 88O. No. 73.) An act to amend an act approved March 4, 1869, to incorporate the Darien Banking Company, and for other purposes, and the act amendatory thereof, approved October 22, 1870. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the capital stock of said company shall be two hundred and fifty thousand dollars, with the privilege of increasing the same to five hundred thousand dollars. Darien Banking Co. Capital stock may be increased Sec. 2. Be it further enacted , That the said company may commence business so soon as one hundred thousand dollars of the capital stock is subscribed and actually paid in lawful money of the United States. May commence businesswhen Sec. 3. Be it further enacted , That the time of the meeting and organization of said company shall be extended so as to allow it to organize at any time within twelve months from the fourth of March, A. D. 1872. May organizewhen. Sec. 4. Repeals conflicting laws. Approved August 22, 1872.

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(No. 89O. No. 388.) An act to amend an act entitled an act to incorporate the Darien Banking Company, and for other purposes, approved March 4, 1869. Section 1, Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That section six of the above recited act be so amended as to authorize the corporators of the Merchants' Planters' Bank of Milledgeville to organize under the provisions of said act at any time within eighteen months from the passage of this act. Merchants' Planters' Bank of Milledgeville may organize. Sec. 2. Be it further enacted , That the words, for the time being, which occur in section two of said act, be stricken out. Certain words stricken Sec. 3. Repeals conflicting laws. Approved August 27, 1872. (No. 90O. No. 436.) An act to incorporate the Bank of Dawson. Section 1. The General Assembly of the State of Georgia do enact , That J. B. Crim, J. R. Janes, J. B. Perry, W. M. Peeples, W. C. Dodd, O. O. Nelson, M. L. Harp, F. M. Haym, S. L. Williams, S. R. Weston, W. W. Famum, R. F. Simmons, T. W. Loyless and John R. Jones, of Dawson, Georgia, and their associates and successors, are hereby constituted a body politic and corporate, under the name of the Bank of Dawson, with power by this name to sue and be sued; to have and use a common seal, should they so desire; to make and alter such by-laws as they may deem necessary for the business; to hold such real estate or personal property as may be convenient to said bank in payment or satisfaction of any debt which may be due to them, or as may be mortgaged or pledged to said bank to secure any debt which may be owing to them; to receive deposits of money and other valuables and issue certificates therefor; to loan and borrow money; to discount and sell bonds, stocks and securities generally, bills of exchange and promissory notes; to do a general banking and exchange business; to buy and sell such property as may be to the interest of said corporation in conducting said business, and for this purpose to receive and execute such receipts, contracts or other instruments of writing as may be necessary. Corporators Corporate name. General powers. Sec. 2. That the capital stock of said corporation shall be forty thousand dollars, divided into shares of one hundred

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dollars each, with power to said bank to increase the same to any amount not exceeding two hundred thousand dollars, upon public notice of such increase being first given for thirty days in a public gazette published in the city of Dawson, (or nearest thereto) in which notice shall be specified the amount of the increase to the capital stock of said company. Capital stock. Sec. 3. That, so soon as there has been forty thousand dollars of the capital stock subscribed and one-half thereof actually paid 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 exercised by a board of directors of not more than nine nor less than five persons, to be chosen as hereinafter provided, who shall elect from their number a president, and a cashier not of this number. Said directors shall be elected by the stockholders, on the first Tuesday in December of each year, (or within twenty days thereafter, by giving ten days' notice in some public gazette of the city of Dawson, or nearest thereto,) and said directors shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all meetings, and shall fill any vacancy that may occur in the board. Each stockholder shall vote in person, or by proxy under written power of attorney, and be entitled to one vote for every share he may hold, but no stock shall be voted which may be in arrears for installments, fines or other dues, until such arrears are paid up in full. Bank may proceed to businesswhen. President and Directorshow elected. Quorum. Vacancies. Stockholders may votehow. Sec. 4. That the minutes of the proceedings of the board of directors shall be kept in a book provided for that purpose, shall be signed by the president and secretary, and the same shall at all times be subject to the inspection of any stockholder. Minutes of proceedings. Sec. 5. That each stockholder shall pay in fifty per cent. of this stock at the time of subscription for the same, and subsequently he shall pay into the bank, in par funds, one dollar each week on each share he or she holds, until the value of such share, from said payments and the earnings upon the same, shall be one hundred dollars. All dividends upon each share shall attach to the same until the value of said share shall be one hundred dollars. Each stockholder shall be entitled to a certificate of stock, when fully paid up, and all transfers of the stock of said bank shall be made by the stockholder by signing such transfer, by himself or his attorney in fact, in a book to be kept for that purpose at the principal office of said bank in the city of Dawson. Stockholders shall pay in fifty per cent. Dividends. Certificates of stocktransfer of. Sec. 6. That the by-laws of the bank shall be binding upon all the stockholders, and the payment of all installments and other dues to the bank by its stockholders may be enforced by such fines and other penalties as may be from time to time provided in their by-laws. The board of directors shall have

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power to employ all officers and agents that may be necessary to transact the business of the bank, and to fix their compensation, to dismiss them, and to take bond from persons so appointed for the faithful execution of their duties. Payment of dueshow enforced. Officers and agents. Sec. 7. That on the first Monday in May and November of each year, the board of directors shall make and publish statements of all 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 to administer an oath, and such statements shall be recorded and kept in a book for that purpose for future reference. Each stockholder shall be individually liable for the ultimate payment of all the debts of the corporation, created while he may be a stockholder, in proportion to the amount of his stock. Statement of liabilitiesDirectors shall publish under oath. Sec. 8. That said corporators, or any three of them, are hereby authorized to open books of subscription for the capital stock of said bank, at the office of W. M. Peeples, in the city of Dawson, due notice of which shall be given in the Dawson Journal, a public gazette published in the city of Dawson. This act shall continue in force for twenty years. Books of subscription. Sec. 9. Repeals conflicting laws. Approved August 30, 1872. (No. 91O. No. 416.) An act to incorporate the Georgia Metropolitan Banking Company . 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 James F. Bozeman, John T. Grant, David Mayer, William A. Rawson, P. W. Alexander, James M. Turner, E. A. Flewellen, Samuel D. McConnell, and their associates, successors and assigns, are hereby constituted a body corporate under the name of Georgia Metropolitan Banking Company, and by that name shall have succession, and may sue and be sued in any court in the State; and they shall have such powers and privileges as are hereinafter set forth. Corporators Corporate name. General powers. Sec. 2. Be it further enacted , That the capital stock of said company shall be one hundred thousand dollars, and be divided and reckoned in shares of one hundred dollars each; and when one-half of said capital stock shall have been subscribed for, and twenty-five per cent. of said capital shall be actually paid in, as hereinafter provided and subsequently directed, by a majority of the directors of said company, in lawful money of the United States, then the said company

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may organize and proceed to transact business under this act. Capital stock. Shares. Business may be commencedwhen. Sec. 3. Be it further enacted , That the capital stock of said banking company may be increased to any sum not exceeding three hundred thousand dollars, and whenever a majority of the shareholders, voting by shares, shall so determine by ballot, each share being entitled to one vote in this as in all other elections and decisions in said company, and provided subscriptions and payments shall be in accordance with directions in section second of this act. Capital Stock may be increasedwhen. Sec. 4. Be it further enacted , That the aforesaid company is hereby authorized to make loans on real and personal property of all kinds, and may take and hold mortgages upon the same, and may make advances on crops and produce of all kinds, in hand or to be grown, and may take liens on the same; they may receive deposits of money, and may allow such lawful interest on the same as may be agreed upon; they may buy and sell stocks and bonds, bills of exchange, promissory notes, drafts, checks and coin; they may lend and borrow money, securities and credits; and on advances of money or property of any kind, in hand or to be delivered, and on the negotiation of any loans and securities, and on the sale of any property, they may charge, in addition to lawful interest, commissions therefor as may be agreed on by the contracting parties, not to exceed five per cent.; and said company may lawfully purchase and hold real and personal property, and may dispose of the same as may be necessary for the investment and protection of their capital and assets. Company may loan money. May make advances on cropshow. May receive deposits. May buy and sell exchange, stocks, etc. May negotiate loans, etc. Commissions and interest. May own property. Sec. 5. Be it further enacted , That said company shall have power to receive moneys in trust, and invest the same by instruction of courts of law, and they may accept any trusts which may be committed to them by any person, corporation or court of law in this State. May become trustees. Sec. 6. Be it further enacted , That any three of the incorporators named in section first are hereby appointed commissioners to open books of subscription to the capital stock, at such times and places as the incorporators may direct; and when fifty thousand dollars is subscribed, then the incorporators shall, within thirty days thereafter, call a meeting of the subscribing shareholders, who shall elect a president and four additional directors, by a ballot, each share having one vote, and a majority of votes so cast shall be necessary to elect said board, and no shareholder shall be eligible to the office of president who does not own, in his own right, at least twentyfive shares in said company. Books of subscription. President and Directors. Who may be Presid'nt Sec. 7. Be it further enacted , That the business and corporate powers of said company shall vest in and be exercised by a board of not less than five directorsthe president being one thereofand they may make such by-laws as are needful for their government, not inconsistent with law; and the election

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of a president and directors, by the stockholders, shall be appointed annually on the first Monday in February, and the secretary of said company shall publish in a city paper at least ten days' notice thereof, and the board shall then be elected by a majority of the votes cast, the stockholders voting by shares, in person or by lawful power of attorney, and said board of directors shall hold their offices for one year, or until their successors are chosen; but in case of a vacancy occurring in the board during the year, it may be filled for the unexpired time by a majority of the remaining board. President and Directorshow to be elected. Vacancieshow to be filled. Sec. 8. Be it further enacted , That said board of directors shall elect all other officers needed to conduct their business, and affix their salaries or compensation, and shall require bond for the faithful performances of their trusts, and may create such agents and agencies in this State as they may determine necessary for their business; and said directors shall issue at least once a year, to each stockholder, a correct and verified statement of the financial condition of the company, and the books of the company shall at all times be opened to the inspection of the stockholders, upon the written demand of any two or more of them. Other officers, their salaries, etc Statement of financial condition of company. Sec. 9. Be it further enacted , That the board of directors shall have power to call upon the stockholders, from time to time, for such installments on their unpaid shares as may be deemed expedient: Provided , Said call shall not exceed twenty five per cent. of the whole at one call, and on not less than twenty days' notice therefor; and said calls shall not be nearer together than sixty days, and any stockholder who shall be in default of payment after such due notice shall be chargeable in the discretion of the board with interest on such dues at the rate of ten per cent. per annum, and if such default shall exist for ninety days, then it shall be lawful for the directors to sell the shares of said delinquent at public outcry on ten days' published notice, and said delinquent shall still be liable for any deficit, if any shall exist, between the amount obtained therefor and the installment due on the same as called for by the board. Installments may be called for Proviso. Defaulting stockholders. Sec. 10. Be it further enacted , That the board of directors shall issue to each stockholder certificates of stock, truly representing his or her interest, and such stock shall be held bound to the company for any dues by said stockholder to the company, and they shall have a first lien thereon, lawful taxes excepted, for such dues, and it shall not be lawful for any stockholder to sell or otherwise dispose of his shares in said company while such stockholder is indebted to the said company, either as principal security or indorser, but said company may lawfully buy and hold shares in the same, and no sale or transfer of stock shall be valid and lawful unless made on the books of the company by the owner or his lawful attorney. Certificates of Stockbound for what. Shares may not be soldwhen.

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Sec. 11. Be it further enacted , That the principal office of said company shall be in Atlanta, Georgia, and they may have and use a corporate seal, and may make, as they shall deem expedient, dividends from their net earnings from time to time; but it shall not be lawful for them to create or accumulate a surplus of profits exceeding fifty per cent. of their paid in capital, and said capital surplus and assets of every kind shall be liable for any and all debts of the company, and in addition thereto, the stockholders shall be individually liable for any debts of the company to the full extent of their unpaid shares, and not beyond, and the rights and privileges hereinbefore granted shall be valid and in effect for twenty-five years from the date of passage of this act: Provided , That notwithstanding the dissolution or extinction, expiration by lapse of time, or non-use of charter or the cessation of said corporation to transact business; that the corporate property of said corporation shall at all times be bound and liable for the payment of the corporate debts or contracts of said corporation: And provided , That the said corporation shall not charge more than the legal rate of interest. Principal office. Dividends. Assets liablefor what. Stockholders individually liable; for what. Rates of interest. Sec. 12. Repeals conflicting laws. Approved August 27, 1872. (No. 92O. No. 354.) An act to incorporate the Hawkinsville Bank Trust Company, of Hawkinsville, and to incorporate the Merchants' Planters' Bank of Talbotton, and for other purposes . Section 1. The General Assembly of the State of Georgia do enact , That John H. Pate, John I. Sparrow, Charles C. Kibbee, James D. Stetson, C. T. Lathrop, J. W. Lathrop, Sr., Clifford A. King, George W. Lamar, Jr., S. W. Brown, George W. Jordan, W. H. Hendley, C. M. Bozeman, R. W. Anderson and Robert S. Anderson, Jr., and their associates and successors, are hereby constituted a body corporate, under the name of the Hawkinsville Bank Trust Company, of Hawkinsville, and by that name shall have succession, and may sue and be sued. The principal office of said bank shall be located in Hawkinsville, 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. Corporators Hawkinsville Banking Trust Company. Same powers as the Georgia Loan and Trust Co. Sec. 2. Be it further enacted , That the capital stock of said bank shall be fifty thousand dollars, with privileges of increasing the same to one hundred thousand dollars, said stock to

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be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said capital stock subscribed, and two-fifths thereof actually paid in in lawful money of the United States, then said company may organize and proceed to business under this act. Capital Stock. Shares. May proceed to business; when Sec. 3. 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. President and Directors. Quorum. Sec. 4. 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 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 erect suitable offices and stores for their safe keeping, and issue receipts for the same; to buy and sell bonds, bills of exchange and prommissory notes, and advance and loan moneys, securities and credits, and may charge and receive, in addition to interest, such a commission on advances of moneys 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 or promissory notes, or borrowing or receiving such moneys, securities or credits, and for storing such valuables: Provided, however , The rate 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 securities 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 and exchange and convey bonds and 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. Company may make advances to planters. May receive deposits. May buy and self bonds, etc. May charge commissions. Proviso. May take mortgages, etc., upon property. Sell and exchange bonds, etc. Sec. 5. Be it further enacted , That said company shall have power to receive money on trust or deposit, and to invest the same at such rate of interest as may be agreed upon, or to 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 corporation, or may be committed to them by any court, and shall have power to take and accept by grant, assignment or bequest, and hold any real or 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 agreed upon in regard thereto: Provided , The rate of interest shall not exceed the rate now authorized and allowed by law. Receive money in trust or on deposit. Trustee appointedhow. Powers.

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Sec. 6. Be it further enacted , That the board of directors shall have power to establish agencies for the transaction of the business of said company at any place they may think proper, and 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 the State, as may be deemed necessary, and may adopt a corporate seal and change the same at will. Agencies. Committees of directors. By-laws. Seal. Sec. 7. Be it further enacted , That said corporators named in the first section of this act, or any two of them, shall be, and they are hereby, appointed commissioners to open books of subscription to the capital stock of said company, at the office in Hawkinsville, and at such time and places, and 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, in the town of Hawkinsville, after the said books are closedeach share to represent one vote. 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, the directors then in office shall continue until the next election in which a majority of the stock shall be represented in person or by legal proxy. Subscription books. Directorshow elected Stockholders to votehow. Sec. 8. Be it further enacted , That in case any subscriber to the stock of the company shall fail or refuse to pay any of the assessments or calls for payments 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 thereof in the courts of the county where such defaulting subscriber resides, and when no legal 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. Defaulting subscriber. Sec. 9. Be it further enacted , That each stockholder shall pay in forty per cent. of his stock at the time of his 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 , That not more than one-fifth of the amount subscribed shall be called in at any one time after the payment of the first installment of two-fifths. Subscription. Other installments. Proviso. Sec. 10. Be it further enacted , That said company shall be responsible to its creditors to the extent of its property,

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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. Liability of stockholders. Sec. 11. Be it further enacted, etc. , That 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. Minutes. Certificates of stock. Sec. 12. Be it further enacted , That 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, and at the same time the board of directors shall make and publish a statement of all the debts, liabilities and assets whatsoever of said bank, which statement shall be verified by oath of the cashier, made before any officer authorized to administer an oath; such statement shall be recorded and kept in a book for that purpose for future reference. Dividends. Statement of debts, etc Sec. 13. Be it further enacted , That this act shall take effect immediately upon its passage, and shall continue in force for thirty years. Duration. Sec. 14. Be it further enacted , That Henry Persons, W. A. Little, Thomas N. Gibson, L. F. McLaughlin, G. W. Gamage, Willis L. Collins, their associates and successors, are made a body politic and corporate, under the name and style of the Merchants' Planters' Bank of Talbotton; and all the rights, privileges and franchises conferred and given by the preceding sections of this act shall apply to and govern said Merchants' Planters' Bank of Talbotton, subject to the restrictions and limitations contained in this act, except that the capital stock of the Merchants' Planters' Bank of Talbotton shall be fifty thousand dollars, which may be increased to one hundred thousand dollars; and said company may commence business when twenty per cent. of said capital stock shall have been paid in; and whenever the said act contains the word Hawkinsville, the word Talbotton shall be used, so far as regards the operation of this section. Corporators Name. Capital stock. Sec. 15. Repeals conflicting laws. Approved August 26, 1872.

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(No. 93O. No. 276.) An act to incorporate the Capital Bank of Macon, Georgia. Section 1. The General Assembly of the State of Georgia do enact , That Henry L. Jewett, Louis N. Whittle, John B. Ross, Thomas Wood, Samuel T. Coleman, Henry J. Lamar, Leander W. Rasdal, Jacob H. Hertz, Addison R. Tinsley, Benjamin C. Smith, William R. Phillips, Felix Corput, Jasper F. Green, George S. Obear, James V. Grier and Nathan M. Hodgkins, and their associates and successors, are hereby constituted a body corporate and politic, under the name of The Capital Bank of Macon, Georgia, with power by this name to sue and be sued in any court whatever; to have and to use a common seal; to make, alter and repeal such by-laws as they may deem necessary of proper for the conduct of its business, not in contravention of this charter, or of the laws of this State or of the United States; to acquire any property, real or personal, by purchase or satisfaction of any debt due the said bank, or which may have been mortgaged to said bank for moneys which may have been owing to it, and to control and to dispose of the same as, in the opinion of the board of directors, may be for the interest of said bank; to deal in the precious metals, foreign and domestic exchange; to buy, discount, collect or sell promissory notes, bills of exchange, bonds, or choses in action, claims or rent; and to perform all such acts, to enforce the payment or fulfillment of any contract made to or with it, as may become necessary; to receive deposits of money and other valuables, and issue certificates therefor; to loan and borrow money; to discount and sell bonds, stocks and securities generally, and to do a general banking and exchange business at their principal office in Macon, Georgia, or at any other offices or agencies they may establish; and, for this purpose, to receive and execute such receipts, contracts or other instruments of writing as may be necessary. Corporators Name. Sue, etc. Seal. By-laws. Deal inwhat. Receive deposits. Principal office. Sec. 2. That the capital stock of said corporation shall be two hundred thousand dollars, divided into two thousand shares of one hundred dollars each, with power to said bank to increase the same to any amount not exceeding five hundred thousand dollars, upon giving public notice of such intention to increase, for thirty days, in a public gazette published in the city of Macon, in which notice the amount of the proposed increase of the capital stock of said bank shall be specified. Capital stock. Sec. 3. That, so soon as there shall have been two hundred thousand dollars of the capital stock subscribed for, and forty dollars per share 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

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said bank shall be exercised by a board of directors, of not less than five nor more than nine persons, to be chosen as hereinafter provided, who shall elect from their number a president. Said directors shall also elect a cashier, and appoint from time to time, or at any time, such other officers and agents as in their judgment the business may require; fix their compensation, dismiss them and take bond from persons so elected or appointed, in such sums as they may deem proper for the faithful execution of their duties. The directors of said bank shall be elected by the stockholders, upon its first organization, at such time as a majority of them may determine, and annually thereafter on the first Tuesday in February of each year, or within twenty days thereafter, and shall continue in office until their successors are elected and qualified. A majority of said directors shall have power to act at all meetings of the board, and to fill any vacancies that may occur in the board, each stockholder being entitled at all elections of said bank to one vote for each share of the capital stock held or owned by him, her or them, in their own right, or in any fiduciary capacity. Each stockholder shall vote in person, or by proxy under written power of attorney, but no stock shall be voted which may be in arrears for installments, fines or other dues, until such arrears are paid in full. Proceed to businesswhen. Officers. Take bond from them. Directorshow elected. Vacancies. Stockholdershow to vote. Sec. 4. That 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 cashier, and the same shall be at all times subject to the inspection of any stockholder. Minutes. Sec. 5. That each stockholder shall pay at least forty per cent. upon this stock at the time of subscription for the same, and subsequently shall pay into the bank, in par funds, one dollar each week on each share so subscribed for or held until the value of each share from said payments shall be one hundred dollars; stockholders shall be entitled to a certificate of stock when the full amount of one hundred dollars per share shall have been paid in upon the same; all transfers of the stock of said bank shall be made in person or by written power of attorney, in a book to be kept in the bank for that purpose, and in accordance with the by-laws of said bank; the stock of each stockholder shall be liable for the debts of said bank in the proportion which the shares, so held severally, shall bear to the entire capital contributed to said bank by all: Provided , That no stockholder shall transfer his stock until he shall pay all his indebtedness to the bank. Payments. Certificates of stock. Proviso. Sec. 6. That the by-laws of said bank shall be binding upon all its stockholders, and the payment of all installments and other dues to the bank by its stockholders may be enforced by such fines and other penalties as may be from time time provided in its by-laws. Dues. Sec. 7. That on the second Monday in August and February in each year, the board of directors shall make a statement

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of its assets and liabilities, which statement shall be verified by the oath of the cashier, made before any officer authorized to administer the same; which statement shall be recorded in a book kept in said bank for that purpose, subject to the inspection of the stockholders. Statements. Sec. 8. That the stockholders of the Mutual Loan Association shall be allowed to transfer their subscriptions to the stock of this company; should they fail so to do, after twenty days' notice in one of the papers in Macon, then said corporators, or any three of them, are hereby authorized to open books of subscription for the capital stock of said bank remaining unsubscribed for, at the office of Henry L. Jewett, in the city of Macon, or at any other place in the city of Macon they by notice designate, due notice of which shall be given in a gazette published in the city of Macon, Georgia; this act shall take effect from the time of its passage, and continue in force for thirty years. Transfer of stock. Subscription books. Sec. 9. Repeals conflicting laws. Approved August 24, 1872. (No. 94.O. No. 363.) An act to incorporate the Macon Fire Insurance Trust Association. Section 1. The Senate and House of Representatives of the State of Gorgia do enact as follows , That Basil A. Wise, Samuel T. Coleman, George B. Turpin, John C. Curd, A. R. Tinsley, Albert Mix, M. Munroe Ogden, Leonidas A. Jordan, C. A. Nutting, A. O. Bacon, and such other persons as may be hereafter associated with them, and their successors, are hereby constituted a body corporate, under the name of the Macon Fire Insurance Trust Association, to be located in the city of Macon, and by that name may sue or be sued in any court whatever, with powers and privileges as are hereinafter provided. Corporators Name. Sue, etc. Sec. 2. Be it further enacted , That the capital stock of said association shall not exceed five hundred thousand dollars, in shares of one hundred dollars each; but when one hundred thousand dollars shall have been actually subscribed, and fifty thousand dollars paid in, in cash, the said association may organize and proceed to business under this act. Capital stock. Sec. 3. Be it further enacted , That the said association shall have power to insure against losses by fire on all kinds of property, either real, personal or mixed, and shall be liable to make good and pay to the several persons who may insure

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in said association for the losses they may sustain, in accordance only with the terms of the contract or policy issued by said association; and said association shall have power and authority to make reinsurance of any risk that may be taken by them; and said association shall have power to loan and borrow money; to take and give securities therefor; to guarantee the payment, punctual performance and collection of promissory notes, bills of exchange, contracts, bonds, accounts, claims, rents, annuities, mortgages, choses in action, evidences of debt and certificates of property or value, and the titles to property, real or personal, upon such terms as may be established by the board of directors of said association; to receive upon storage, deposit, or otherwise, moneys, merchandise, bullion, specie, plate, stocks, bonds, promissory notes, certificates and evidences of debt, contracts or other property, and to take the management, custody and charge of real and personal estate and property, and to advance moneys, securities and credits upon any property, real or personal, on such terms as may be established by the board of directors of said association; but no rate of interest to exceed ten per cent. per annum shall be charged or received by said association in any transaction. May insure. Reinsure. May loan and borrow money. May receive deposits. Advances. Interest. Sec. 4. Be it further enacted , That the business and the corporate powers of said association shall be exercised by a board of nine directors, to be chosen from the stockholders of the association voting at an election to be held under the inspection of the persons named in section first, or a majority of them, within thirty days after the classing of the subscription called for by them, ten days' notice of such election being given in one or more city papers; the said nine directors to serve for one year, and until others are elected, and they shall elect from their number a president for the same term of office. Five directors shall constitute a quorum for the transaction of business, and all the directors must be stockholders in said association. Directorshow chosen. President. Quorum. Sec. 5. Be it further enacted , That 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 association at such time and place as they, or a majority of them, shall deem proper, and for such amounts as in their judgment the business of the association may require, but for no less amount of subscription than one hundred thousand dollars as hereinbefore provided. Subscription books. Sec. 6. Be it further enacted , That the said president and directors shall have power to appoint, and remove at pleasure, all officers or agents of said association. They shall have power to appoint agents, and locate offices in such places and at such times as they shall deem best for the interest of said association; to prescribe the duties of agents and officers; to take from them bonds for the faithful performance thereof; to

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appoint a president pro tem. in the absence of the president; said president and directors shall have power and authority, 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 installments as called for by the president and directors thereupon, ten days' notice being given in one or more of the city papers, said board may sell such stock at public outcry, and said delinquent stockholder shall still remain liable for any balance due by him 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 and paying interest; and said president and directors shall also have power to give the holders of the policies of said association the right to participate in the net profits of the association to such an extent, in such manner, and upon such terms as they shall deem proper. A vacancy in the board of directors can only be filled by the stockholders at a meeting held after ten days' notice in one or more of the city papers, of the time and place of meeting; there shall be one vote for each share of stock, and absent stockholders may vote by proxy: Provided , The proxy so voting as proxy is himself a stockholder. President and direc'rs. Agents, etc. Unpaid stock. Stock of delinquents. Dividends. Vacancy. Sec. 7. Be it further enacted , That it shall be lawful for said association to have, purchase, hold and convey all such real or personal estate as may be necessary to carry on their business, as well as such real or personal estate as they may deem it necessary to acquire in the enforcement or settlement of any claim or demand arising out of their business transactions, and to sell or exchange the same for other property, as they may determine that the interest of the association requires, and the said association are hereby authorized to make, execute and issue, in the transaction of their business, all necessary receipts, certificates and contracts, which receipts, certificates and contracts shall bear the impress or stamp of the seal of the association, and shall be signed by the president and countersigned by the secretary or treasurer thereof. May own property. Contaacts, receipts, etc Seal. Sec. 8. Be it further enacted , That the stock of said association shall be transferable only on the books of the association. Transfer of stock. Sec. 9. Be it further enacted , That this act shall take effect immediately. Sec. 10. Repeals conflicting laws. Approved August 26, 1872.

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(No. 95O. No. 267.) An act to repeal so much of an act entitled an act to incorporate the Marietta Savings Bank, and assented to on the 20th day of January , 1872. Section 1. Be it enacted by the General Assembly of the State of Georgia , That so much of the above recited act, beginning with the word provided, and ending with the word Georgia, in the first section of said act, and that so much of the above recited act, beginning with the word provided, and ending with the word State, in the third section of said act, and so much of the above recited act, beginning with the word provided, and ending with the words per cent., in the fourth section of said act, be, and, the same are hereby, repealed. Incorporated. Amended. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 96O. No. 372.) An act to incorporate the Merchants' Farmers' Mutual Banking Trust Company. Section I. The General Assembly of the State of Georgia do enact , That R. O. Moreland, J. M. Stallings, M. S. Smith, W. J. Sewell, T. E. Zellars, Reuben Jones, H. R. Harris, W. A. Post, W. B. Smith and J. W. Arnold, and such others as may be associated with them and their successors, are hereby constituted a body corporate, under the name of Merchants' Farmers' Mutual Banking Trust Company, and by that name shall have succession, and may sue and be sued. The principal office of said bank shall be located in the town of Grantville, 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 the same limitations and restrictions, as to rate of interest and liabilities of its stockholders for debts of the bank, as are imposed by and continued in the said act incorporating the Georgia Loan Trust Company: Provided , Said company shall not be allowed to collect greater interest, either under the name of commissions or otherwise, either upon loans or advances, than is allowed by the laws of this State. Corporators Name. Proviso. Sec. 2. That the capital stock of said bank shall be fifty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars, said stock to be divided into

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shares of fifty dollars each, and when there has been twentyfive thousand dollars of said capital stock subscribed, and twenty thousand thereof actually paid in, in lawful money of the United States, the said company may organize and proceed to business under this act. Capital stock. Commence businesswhen. Sec. 3. That 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; that said company shall have power to make advances to planters for the purpose of developing the agricultural interests of the State, in loans or 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 erect, purchase or rent suitable offices and stores for their safe keeping, and issue receipts for the same; to buy and sell bonds, coin, bills of exchange and promissory notes, and advance and loan money, 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 or promissory notes, or borrowing or receiving such money, securities or credits, and for storing such valuables: Provided, however , The rate 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 securities for, or in payment of any loans or advances made, mortgages or other instruments or obligations upon any and all kinds of property whatsoever, 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. Pres't and directors. Quorum. Advances. May buy and sell bonds, etc. Interest and commissions. Proviso. May purchase and hold property. Sec. 4. That said company shall have power to receive moneys on trust or 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 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 corporation, or may be committed 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 agreed upon in regard thereto: Provided , The rate of interest shall not exceed that allowed by the laws of this State; that the board of directors shall have power to establish agencies for the transaction of the business of said company

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at any place they may think proper, and 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 shall deem proper; 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 J. M. Stallings, in the town of Grantville, 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 will. Receive deposits. Trustees. Agencies. Subscription books. Directors. Sec. 5. That 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 investigation 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. Minutes. Certificates of stock. Sec. 6. That 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 time, 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 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. Sec. 7. That each stockholder shall pay in forty 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 after the payment of the first installment. Installm'nts Sec. 8. That this act shall continue in force for twenty-one years, and each stockholder shall be individually liable for the ultimate payment of all debts of the corporation, created while he was a stockholder, in proporation to the amount of his stock. Liability of stockholders. Sec. 9. Repeals conflicting laws. Approved August 27, 1872.

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(No. 97.O. No. 409.) An act to amend an act to incorporate the Planters' Miners' Bank of the State of Georgia. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That the third section of the above recited act be so amended as to make the shares of the capital stock of said company one hundred dollars each in place of five hundred dollars: Provided , That they shall not reduce the capital stock of said company. Shares. Proviso. Sec. 2. Repeals conflicting laws. Approved August 27, 1872. (No. 98O. No. 222.) An act to incorporate the Real Estate Savings Bank. Section 1. It is hereby enacted by the General Assembly of the State of Georgia , That John R. Wallace, William R. Phillips, Green T. Dodd, Julius A. Hayden, Benjamin F. Wyly, 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 Real Estate Savings Bank, to be located in the city of Atlanta, Georgia, 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. Sue, etc. Sec. 2. Be it further enacted , That the capital stock of said company shall be 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 twenty 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 do business under this act. Capital stock. Business commencedwhen. Sec. 3. Be it further enacted , That said company shall have power to take mortgages on real or personal property of any kind for loans, and to make advances to planters on crops to be raised; to receive deposits of money, and all other valuables of any kind, and rent or purchase suitable offices and stores for there safe keeping; to issue receipts for the same; to buy and sell bonds, bills of exchange and promissory notes, and advance and loan money to planters and others on cotton or produce, or merchandise or collateral, and may charge and receive, in addition to interest, such commissions on advances

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of money, and for storage, as may be agreed upon between the said company and the party or parties so borrowing or receiving moneys or making deposits with said company of merchandise or other securities: Provided, however , The rate of interest on loans do not exceed the rate of interest allowed by the laws of this State, and that the charge for advances do not exceed the charges allowed by law to commission merchants; and the said company shall have power to take and to hold, as security for, or in payment of any loans or advances made, mortgages or other proper 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. It shall be lawful for this institution to receive on deposit, by authority or appointment of any court or individual, for themselves or minor or minors, any funds in litigation or otherwise, paying such interest therefor as may be agreed upon by the parties, thus affording a safe depository for all funds held for future disposition. Mortgages to secure loans, etc. Deal in bonds, etc. Commissions and interest. Proviso. Mortgages on property. Sec. 4. 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 own number a president and a cashier, and may declare by by-laws what number of directors shall constitute a quorum for the transaction of business, and adopt such other rules and regulations as they may deem expedient for the management of the business of the company. Officers. Sec. 5. Be it further enacted , That the parties named in the first section of this act, or their successors or assigns, shall, and they are, or any two 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 shall deem proper, but for no less an amount than one hundred 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 twenty days after 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; the company shall have the power to establish branches, as the directors may determine, from time to time, in any town or city in said State. Subscription books. Directorshow chosen. Principal office. Sec. 6. 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

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of all its debts, liabilities and assets, and publish the same in some newspaper in the city of Atlanta, Georgia. Statements. Sec. 7. Be it further enacted , That said company shall be individually liable for the ultimate payment of all the debts of the company, in proportion to the amount of stock held by them. Liabilities. Sec. 8. Repeals conflicting laws. Approved August 24, 1872. (No. 99O. No. 53.) An act to amend an act to incorporate the Savannah Bank Trust Company, of Savannah, approved March the 4th , 1869. Section 1. The General Assembly do enact , That the said corporation, the Savannah Bank Trust Company, of Savannah, shall have power to issue notes or bills, to be used as a circulating medium, subject to the following conditions: FirstThe whole amount of such notes or bills, at any time owing by said company, or in circulation, shall not be over three times the amount of the capital stock of said company paid in. SecondThe said corporation shall not, at any time, suspend or refuse payment in gold, or silver, or legal tender notes of the United States of America, of any of its notes, bills or obligations; and if the corporation shall, at any time, refuse or neglect to pay, on demand, any bills, notes or obligations issued by said corporation, according to the contract, promise or obligation therein expressed to the person or persons therein entitled to receive the same, then, and in every such case, the holder of every such note, bill or obligation shall, respectively, be entitled to receive and recover interest on the same until the same shall be fully paid and satisfied, at legal interest per annum, from the time of such demand, as aforesaid, and twenty-five per cent. damages; and in such cases the corporation and its officers shall be liable to all the pains, penalties and forfeitures prescribed by law in such cases. Bills may be issued. Amount limited. Payment not to be refused. Damages. Forfeiture of charter. Sec. 2. That the stockholders of the said bank shall be individually liable, in proportion to the amount of stock respectively held by them, for the ultimate redemption of the bills of said bank. Stockholdersliability of. Sec. 3. Repeals conflicting laws. Approved August 20, 1872.

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(No. 100O. No. 244.) An act to incorporate the Merchants' Planters' Bank of Washington, Georgia. Section 1. The General Assembly of the State of Georgia do enact , That Frank Arnold, James R. DuBose, Benjamin F. Heard, L. M. Hill, P. H. Norton, A. Franklin, of the county of Wilkes, and such other 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 Merchants' Planters' Bank of Washington, Georgia, with such powers and privileges as are herein provided; may sue and be sued, and shall have the right to use a common seal. Corporators Name. Sue, etc. Sec. 2. That the capital stock of said bank shall be fifty thousand dollars, with the privilege of increasing the same to two hundred thousand dollars, with shares of fifty dollars each, to be paid in the manner hereinafter provided; and when ten per centum of the said present capital stock shall have been subscribed and paid in, the bank shall organize and transact business. Capital stock. Shares. Transact businesswhen. Sec. 3. That the capital stock shall be paid in installments, in such sums, and at such times as shall be ordered by the board of directors: Provided , That after the payment of the first installment, a period of sixty days shall elapse before the payment of a subsequent installment; but nothing herein contained shall be so construed as to prevent one or more of the subscribers from paying the whole amount of their subscriptions at any time, if agreeable to the board of directors. Capital stock. Proviso. Sec. 4. That whenever any subscriber shall fail to pay any amount that may become due on the shares subscribed or owned by him or her, at the call of the board of directors, the said directors shall have the right to sell such share or shares of such subscriber, at public auction, after the expiration of ninety days from the date of the call of said directors. Whenever such sale shall have been made, the subscriber in default shall be held responsible for any loss to this bank resulting therefrom; and any benefit which may result shall be refunded to said subscriber by the board of directors. Defaulters. Sec. 5. That the office of said Merchants' Planters' Bank shall be at Washington, Georgia, and they shall have the right to establish agencies in other counties and States, as may be deemed advisable by them. The business of this bank shall be managed by a board of five directors, three of whom shall constitute a quorum to transact business; and they shall elect from their number a president, who must always be a stockholderfailing in which, he shall be disqualified for this office. The said Arnold, DuBose, Heard, Hill, Norton and Franklin, of the county of Wilkes, shall be the directors of this bank

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until the first annual meeting of the stockholders, such meeting to be held as prescribed by the directors, within thirty days after organization, under the by-laws, which they are hereby authorized and required to make, for the government of this bank; but such by-laws shall not conflict with this charter, or the laws of this State. Office. Agencies. Pres't and directors. Stockholdersmeeting of. Sec. 6. That the president and directors of this bank shall, at their organization, elect a cashier, who shall be a stockholder, and who shall give bond, in such terms and such penal sum, conditioned for the faithful performance of his duties, as shall be satisfactory to said president and directors. The board of directors shall be elected at a general meeting of the stockholders, at which a majority of the stock shall be represented. The directors so elected shall hold their offices for one year, or until their successors are elected and qualified. Cashier. Directors. Sec. 7. That the 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 advancements on real and personal property, or on both; to advance money to corporate bodies, to planters, farmers, factors or merchants; to make loans to Government or individuals; to make advances for improvements or encouragement of transportation by water or by land; to acquire, possess or direct any property, real or personal, which its interests may dictate; to deal in precious metals, foreign and domestic exchange; to buy, sell, discount or collect promissory notes, bills of exchange, contracts, bonds, mortgages or choses in action, claims and rents, and to perform such legal acts as may be necessary to enforce the payment or fulfillment of any contract made to or with them; and may charge and receive, in addition to interest, such commissions on money advanced and negotiating loans and for storage as may be agreed upon between said bank and the party or parties so buying or selling such bonds, bills of exchange or promissory notes, or borrowing or receiving such moneys, securities or credits: Provided, however , That nothing herein contained shall authorize this bank to charge a rate of interest inconsistent with the laws of this State, and only excess of interest shall be forfeited to the borrower: Provided further , That said borrowers shall notify the cashier of the bank, by commencing suit within sixty days after the payment of the extra interest, for the recovery of the same. General powers. Sec. 8. That the directors shall appoint a certain date for the annual meeting of the stockholders, and at such meeting, a full exhibit of the affairs and condition of the bank shall be made, and, after making full provisions for the losses of the past year, and any eventual losses of the future, and for all the liabilities of said bank, the directors shall order a division of the profits, if any there be, among the stockholders, by declaring a dividend on each and every share of the stock

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issued, and each stockholder shall be individually liable for the ultimate payment of the liabilities of said bank in proportion to the number of shares held by such stockholder. Annual exhibit. Dividends. Liabilities. Sec. 9. That L. M. Hill, P. H. Norton, J. R. DuBose, or either of them, are hereby appointed commissioners to open and manage the subscription books of said bank, at Washington, Georgia, and at such other places as may be deemed necessary to obtain the capital required to operate said bank; that this act shall take effect immediately and continue in force for thirty years. Subscription books. Sec. 10. Repeals conflicting laws. Approved August 24, 1872.

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DIVISION II. CITIES AND TOWNS. A. No. Act. 101. Adairsvillecharter amended. 102. Albanyregistration of voters in. 103. Albanycharter amended. 104. Alpharettacharter amended. 105. Americusbonds may be issued by, etc. 106. Athensmay subscribe to Northeastern Railroad Company. 107. Athenscharter amended. 108. AtlantaCity Court of. 109. Atlantapayment of jurors in City Court of. 110. Atlantacharter amended. 111. Atlantatax executions, etc. 112. AugustaExchange may elect arbitrators. 113. Augustalimits of. 114. Augustastreets of. 115. AugustaCity Court, jurisdiction of extended. B. 116. Barnesvillebonds of as currency, etc. 117. Blackshearcharter amended. 118. Bufordcharter of. 119. Brunswickcharter amended. 120. Butlercharter of. C. 121. Calhouncharter amended. 122. Carnesvillecharter of. 123. Carrolltoncharter amended. 124. Cartersvillecharter of. 125. Clarkesvillecharter amended. 126. Clintoncharter of. 127. Cuthbertregistration of voters in. D. 128. Daltoncharter amended. 129. Daltonissue of bonds for educational purposes. 130. Darienappointment of lumber inspectors. 131. Dawsoncharter of. 132. Dawsonvillecharter of. E. No. Act. 133. Eatontoncharter amended. 134. Fayettevillecharter amended. 135. Forsythcharter amended. 136. Forsythbonds may be issued. 137. Franklincharter amended. G. 138. Gainesvilleissue of [Illegible Text] to railroad companies. 139. Gainesvillecharter of amended. 140. Graysvillecharter of. 141. Greenesborocharter amended. H. 142. Hamptoncharter of. 143. Hawkinsvillecharter [Illegible Text]. 144. Hephzibacharter of anended. J. 145. Jeffersoncharter of. 146. Jeffersoncharter of. 147. Jewell's Millscharter of. 148. Jonesborocharter amended. L. 149. Lincolntoncharter amended. 150. Louisvillecharter amended. M. 151. Maconcharter amended. 152. Milledgevillecharter amended. 153. Mount Vernoncharter amended. Q. 154. Quitmancharter amended. R. 155. Ringgoldcharter amended. 156. Rockmartcharter of. 157. Romecharter of amended. 158. Romecertain bonds of legalized.

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S. No. Act. 159. Sandersvillecharter amended. 160. Savannahcharter amended. 161. Savannahcounty jail, etc. 162. Savannahpoor-house and hospital. 163. Savannahdockage, etc. 164. Savannahbonds, etc. 165. Savannahrents, etc. 166. Savannahbonds, etc. 167. Savannahvolunteer military co's 168. Senoiacharter amended. 169. Smyrnacharter of. 170. Starksvilleowners of real estate. 171. Stone Mountaincharter amended. 172. Swainsborocharter amended. T. No. Act. 173. Talbottonmay subscribe Talbotton Branch Railroad. 174. Thomastoncharter amended. 175. Thomasvilleregistration of voters. 176. Thomsoncharter amended. 177. Trentoncharter amended. V. 178. Valdostamarket square of. 179. Van Wertcharter amended. W. 180. Warrentoncharter amended. 181. West Pointbonds, etc. 182. Whitneycharter amended. 183. Woodburycharter of. 184. Wootencharter of. (No. 101O. No. 394.) An act to amend the existing charters of the town of Adairsville, in Bartow county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the town of Adairsville, in Bartow county, be, and the same is incorporated as a body corporate and politic; the corporate limits of said town to extend one-half mile in all directions from the depot of the Western Atlantic Railroad in said town; and the legal voters of said town shall, on the first Saturday in February next, and on the first Saturday in January in each year thereafter, elect five commissioners and a treasurer, who shall serve twelve months, or until their successors are elected and qualified; said officers shall be elected from the citizens of said town; the said commissioners shall be vested with the municipal government of said town of Adairsville; the commissioners, under that name and style, may have a common seal, and may, under said name and style, sue and be sued in any court of law or equity in this State, and may have, purchase, possess and hold real and personal property. Corporate limits. Election. Seal. May own property. Sec. 2. 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 shall be no election at the time specified, then the commissioners shall set a day and give ten days' notice of the same; and in case of

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death or resignation, an election may be held by the commissioners fixing a time and giving ten days' notice; the commissioners shall elect a marshal of said town from the citizens thereof, and a clerk from their own body. Electionhow held. Marshal. Sec. 3. Be it further enacted , That the said officers, before entering upon their duties as such, shall take and subscribe the following oath, to-wit: I, A. B., do solemnly swear, or affirm, that I will faithfully perform the duties of commissioner, treasurer or marshal (as the case may be) of the town of Adairsville. Oath of office. Sec. 4. Be it further enacted , That said commissioners shall have power and authority to assess and collect a tax, not to exceed one-fourth of one per cent., on all real and personal property within the corporate limits of said town, and said tax shall be used by the commissioners for the benefit of said town. Tax. Sec. 5. Be it further enacted , That the commissioners shall have full power and authority to make laws, rules and regulations of said town, enforce and collect fines of not over twenty dollars, and imprisonment of not over ten days, for any one violation of the said by-laws, rules and regulations of said corporation. Laws, etc. Sec. 6. Be it further enacted , That said commissioners shall have power to tax all shows performing for the purpose of gain in said town, and also all itinerant traders; and said commissioners may license liquor dealers, and charge for the same not exceeding one hundred dollars, the dealer being relieved of the present bonds and tax of the county, but shall give bond to the commissioners and make the oath now prescribed by law; said commissioners may tax all ten-pin and other ball alleys, and billiard tables in said town, and shall have full power to collect all taxes, and fines, and penalties, as they may deem proper. May tax shows, etc. Sec. 7. Be it further enacted , That the commissioners shall have power and authority to dismiss from office said marshal for any failure or neglect to perform the duties of his office, and choose another; they shall have power to require such bond of the marshal and the treasurer as they may see proper, regulating the salaries of the same. Dismiss marshalwhen. Sec. 8. Be it further enacted , That the commissioners of said town shall have authority to compel all persons residing in the corporate limits of the town, who are liable to road duty under the laws of this State, to work on the streets of the said town for any number of days, not exceeding fifteen in any one year: Provided , Any one so liable to road duty shall be exempt from the same by paying to the treasurer of the said town such sum, not to exceed three dollars, as the commissioners may by rule establish. Residents [Illegible Text] work the streets. Sec. 9. Repeals conflicting laws. Approved August 27, 1872.

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(No. 102O. No. 261.) An act to amend an act entitled an act to incorporate the city of Albany, passed on the 27th day of December, 1838, and the several acts amendatory thereto, and to provide for the registration of voters in the municipal elections in the cities of Albany, Atlanta and Newnan. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened , That the act of incorporating the city of Albany, passed on the 27th day of December, 1838, and the several acts amendatory thereof, be, and the same are hereby, amended as follows, to-wit: The election for mayor and aldermen in said city shall be held on the first Monday in December next, and on the first Monday in December in each year thereafter, instead of the first Monday in January, as now provided, but said mayor and aldermen shall not be sworn in until the first Monday in January next ensuing their election. Election Sec. 2. Be it further enacted , That all persons shall be qualified to vote at elections for mayor and aldermen in the city of Albany, who are citizens of the United States, have resided in this State for one year immediately preceding the election, and continue to do so up to the time of election, and within the corporate limits of said city for one month immediately preceding the day for the opening of the registration list, and the month intervening from said opening to the day of election continuously, who have attained the age of twenty-one years, and who have paid all taxes assessed against them by the ordinances of said city, and which they have had an opportunity of paying; who shall have made all returns required by the ordinances of the city, and have been registered according to law. Who may vote. Sec. 3. Be it further enacted , That the clerk of the council of the city of Albany, or, in case of his sickness or absence, any officer duly elected or appointed by the mayor and aldermen, or a majority of them, for that purpose, shall open at the council chamber, on the first Monday of October next, after the passage of this act, and on the first Monday of October of each and every year thereafter, a list for the registration of voters, which list shall be kept open from nine o'clock A. M. until twelve o'clock M., and from two o'clock P. M. until five o'clock P. M., each and every day (Sundays excepted) until five o'clock P. M. of the first Monday in November ensuing, when it shall be finally and absolutely closed. Registration lists. Sec. 4. Be it further enacted , That it shall be the duty of the clerk or officer, upon the application in person, and not by proxy, of any person entitled to register as aforesaid,

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within the time prescribed for the list to be kept open, to register the name of such person, expressing in such registry his name, age, occupation or business, and the place of his residence, which shall be entered by said clerk or officer opposite the name of each applicant, the applicant first paying to the clerk or officer, as aforesaid, for the city treasury, all taxes assessed against him by the city authorities and which are due; but no person shall be entitled to register who has not been a resident within the corporate limits of said city for one month immediately preceding the opening of the list, and who intends in good faith to remain a resident continuously until the day of election, and the clerk or officer may, in any case, administer an oath to the applicant touching his right to register. Who may register. Payment of taxes. Sec. 5. Be it further enacted , That it shall be the duty of said clerk or other officer to arrange and publish a list of the names so registered, in alphabetical order, in one of the city papers at least twice between the closing of the list and the day of election, and to affix and keep an alphabetically printed list of the names registered, at the door of the court-house in said city, for one week immediately preceding the election, but in said list it shall not be necessary for the clerk to publish the age, occupation or place of residence of such voter. Registration list to be publish'd Sec. 6. Be it further enacted , That it shall be the duty of the clerk of council to furnish to the managers presiding at the election of mayor and aldermen of Albany, at the opening of the polls on the day of said election, a complete list of all the names, arranged in alphabetical order, which shall have been registered according to the foregoing provisions, together with the age, occupation or business and place of residence, in Albany, of every person whose name is so registered at the time of such registration, certified under the hand of said clerk and the corporate seal of the city, which list shall be kept before the presiding managers during such election, and when said election is over, it shall be deposited in the office of said clerk of council to be safely by him kept. To be furnished election managers. Sec. 7. Be it further enacted , That the presiding registrar shall be authorized to administer the following oath to any person attempting to register: You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia for one year immediately preceding this election, and within the corporate limits of the city of Albany one month immediately preceding the opening of this registry list, and that it is your intention to remain a resident in said city continually until the day of the election; that you are twenty-one years of age; that you have paid all taxes due the city of Albany; that you have made all returns required by the ordinances of the city; so help you God. Any person conscientiously opposed to taking an oath may affirm to the same tenor. Registrar may administer oath. Sec. 8. Be it further enacted , That any person voting or attempting to vote at such an election, not qualified to vote,

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shall be guilty of a misdemeanor, and, on conviction before the Superior or County Court of Dougherty county, shall be punished by fine or imprisonment, or both, at the discretion of the court. Illegal votingpenalty for. Sec. 9. Be it further enacted , That the mayor and council of the cities of Atlanta and Newnan shall have power to provide for the registration of voters prior to any and all municipal elections in said cities; to make all needful rules and regulations for the same, and require that no person be permitted to vote unless registered as thus provided. May require voters to register. Sec. 10. Repeals conflicting laws. Approved August 24, 1872. (No. 103O. No. 80.) An act to amend the charter of the city of Albany relative to the market regulations. Section 1. Be it enacted by the General Assembly , That the city council of Albany, Dougherty county, shall have full power and authority, by ordinance, to adopt market hours, and prevent the sale, or offering for sale, of such articles of produce and food as said council deem proper at any other place in said city than the market-house of said city, within market hours, and to punish all offenders against such ordinances as they may adopt. Market hours. Sec. 2. Be it further enacted , That persons so offending shall be fined in a sum not exceeding fifty dollars, and imprisonment not exceeding thirty days, for each violation of said ordinances. Offenders. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 104O. No. 268.) An act to amend an act incorporating the town of Alpharetta, in Milton county, approved December 11, 1858. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the twelfth section of the above recited act be so amended as to read as follows: It shall be the duty of the marshal or deputy marshal of said town, upon notice in writing from any member of the council, to prosecute all

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offenders against the laws of this State, for crimes committed within the limits of the town of Alpharetta, and in case any offense shall be committed in the presence of said marshal or deputy marshal, or within his knowledge, it shall be his duty to prosecute without such notice. Marshal shall prosecute. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 105O. No. 318.) An act to authorize the mayor and city council of Americus, Georgia, to issue bonds in certain cases, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, and it is hereby enacted by authority aforesaid , That the mayor and city council of the city of Americus are hereby authorized and empowered to issue bonds of said city, bearing not more than eight per cent. per annum, and having not more than twenty years to run, in such amounts as they may deem proper, to enable them to pay such subscriptions to railroads radiating from said city, and subscriptions to manufacturing or other internal improvements within the corporate limits of said city, and to enable them to construct a bridge over Flint river: Provided , That no bonds shall be issued for any of these objects, nor shall any subscriptions be legal until the said mayor and city council have first submitted the propositions to issue certain amounts of bonds for certain purposes, or make certain amounts of subscriptions for certain purposes, to the legal voters of said city, after ten (10) days' notice thereof, and receive the approval of a majority of the legal voters voting at such election to such proposition; but that when so ratified and approved by the legal voters voting, the same shall be legal and binding in the city to all intents and purposes. May issue bonds. People to vote upon. Sec. 2. Be it further enacted , That the said mayor and city council are hereby authorized and empowered to levy a special tax, annually, to pay the interest accruing in such bonds as may be issued under the provisions of this act. Special tax. Sec. 3. Repeals conflicting laws. Approved August 26, 1872.

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(No. 106O. No. 51.) An act to authorize the mayor and council of the city of Athens to issue bonds and levy an additional tax to that already authorized to be levied, as may be necessary to pay the amount of subscription for stock in the Northeastern Railroad Company. Whereas, The intendant and wardens of said town of Athens, by an act of the Legislature, approved October 22, 1870, were authorized to subscribe to the capital stock of said railroad, to indorse the bonds or contribute to the same: Provided , Said subscription, indorsement or contribution shall not exceed two hundred thousand dollars; and whereas, at an election held, as provided for under said act, a majority of the qualified voters of the town of Athens, having voted in favor of said subscription, indorsement or contribution; and whereas, a part of said subscription is now due to said railroad company: Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the mayor and aldermen of the city of Athens shall have full power and authority to issue bonds upon the faith and credit of said city to secure said subscriptions as they may become due, to the amount of two hundred thousand dollars, and also to levy a tax upon the real estate and stock in trade, including machinery of all kinds in said city, as may be necessary for the payment and redemption of the same: Provided , Said tax shall not exceed one-half () of one per cent. per annum on the value of said property, which tax shall be included in the one per centum allowed to be levied by said mayor and council under existing law. May issue bonds to secure subscriptions to Approved August 20, 1872. (No. 107O. No. 187.) An act to amend the charter of the town of Athens, and the various acts amendatory thereof. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, the town of Athens shall be known and called the city of Athens, and the authority and jurisdiction of said city shall extend for a distance of two miles in an air-line in every direction from the college chapel; and the municipal government of the city of Athens shall consist of a mayor and eight aldermen, who are hereby constituted a body corporate, under the name

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and style of The Mayor and Council of the City of Athens, and by that name and style shall have perpetual succession; shall have a common seal; shall be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, for the use of the city of Athens, any estate or estates, real or personal, of whatsoever kind or nature, within the jurisdictional limits of the city of Athens, and shall, by the said name, be capable to sue and be sued in any court of law or equity in this State; and shall succeed to all the powers, rights and liabilities of the present corporation of the town of Athens. Limits. Municipal government Mayor and Council. General powers of. Sec. 2. Be it further enacted, etc. , That the city of Athens shall be divided into four wards as follows: Ward number one shall consist of all that portion of the city lying east of a line through the center of Thomas street, indefinitely extended north, and running south until Thomas street runs into the street leading to the new cemetery; thence a straight line through the center of last mentioned street, extended to city limits; ward number two shall consist of all that portion of the city lying west of said last mentioned line, and east of a line through Lumpkin street as it runs in said city, indefinitely extended; ward number three shall consist of all that portion of the city lying west of said last mentioned line, and south of Hancock avenue, extending to city limits; ward number four shall consist of all that portion of the city lying north of Hancock avenue, and west of the said line through Lumpkin street, extending to city limits; each of the above mentioned wards shall be entitled to two aldermen. Ward one. Ward two. Ward three. Ward four. Sec. 3. Be it further enacted, etc. , That the annual municipal elections shall be held at such place in each ward, in the city of Athens, as the council may direct, on the first Wednesday in December of each year, for a mayor and eight aldermen, to serve for one year, or until their successors are elected and qualified; and the polls of said election shall be opened at nine o'clock in the forenoon and closed at four o'clock in the afternoon. No citizen shall vote, except in the ward in which he resides, either for mayor or aldermen, and shall vote only for aldermen of his own ward; nor shall any person be elected alderman except for the ward in which he resides. Annual elections. Citizen shall votehow. Sec. 4. Be it further enacted , That all citizens qualified to vote for members of the General Assembly of Georgia, and who shall have paid all taxes legally imposed and demanded of them by the authorities of the city of Athens, and paid into the treasury of the same, and shall have resided six months in this State, and one month immediately preceding the election within the jurisdictional limits of said city; and no other person shall be qualified to vote at any election in said city for mayor and aldermen. Who may vote. Sec. 5. Be it further enacted , That said election shall be held under the superintendence of three freeholders in each ward, who shall be appointed by the city council at least five

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days before said election, and each of said managers, before entering upon his duties, shall take an oath before each other, and they are hereby authorized to administer said oaths, that he will faithfully and impartially conduct said election, and prevent all illegal voting to the best of his skill and power; and should any of the managers so appointed fail or decline to act, then the mayor shall appoint others in their stead; should the said managers have any reasonable doubt as to the qualification of any voter, they shall have power to administer to him the following oath in addition to the oath required from persons voting for members of the General Assembly: You do solemnly swear that you have paid all taxes legally imposed and demanded of you by the authorities of the city of Athens; that you have resided in this State six months, and in the city of Athens for one month, immediately preceding this election, and that you have not voted at this election; so help you God. Eelection managers. Oath. Sec. 6. Be it further enacted , That the person or persons who shall receive the highest number of votes at said election for mayor and aldermen, respectively, shall be declared elected; and in case of any vacancy in the office of mayor or any of the aldermen, by death, resignation, failure to elect, removal from office, or otherwise, the council shall advertise a new election to fill the vacancy, by giving at least ten days' notice in the public gazette or gazettes doing the city printing; after the votes for mayor and aldermen at any election shall have been counted by the managers, they shall cause two certified copies of the tally-sheets to be made out, one of which shall be delivered to the mayor for the time being, and the other shall be retained by the managers; the mayor shall submit the same day, or as soon as practicable, the returns of said election to council, who shall consolidate the same, declare the result, and notify the persons elected, who shall attend at the council chamber at such hour as council may direct, on the first Wednesday in January thereafter, for the purpose of organizing the council; and the mayor and each alderman shall take and subscribe, before any officer qualified to administer oaths, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or alderman, as the case may be) of the city of Athens, by adopting and enforcing such measures as shall, in my judgment, be best calculated to promote the general welfare of the city of Athens; so help me God; and shall forthwith enter upon the discharge of the duties of their office; and the mayor, or mayor pro tem. , and any four aldermen, shall constitute a quorum for the transaction of any business before the council; on all questions before the city council, the mayor shall be entitled to vote only in cases of a tie. Vacancies. Election returns. Oath of office. Quorum. Mayor may votewhen. Sec. 7. Be it further enacted , That, in case the mayor or any alderman, while in office, shall be guilty of any willful

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neglect, malpractice, or abuse of the power confided to him, he shall be subject to be indicted before the Superior Court of the county of Clarke, to be governed by the law controlling indictments against Justices of the Peace, and, on conviction, the fine, if any, be paid into the treasury of the city. Malpractice Sec. 8. Be it further enacted , That no person shall be eligible as mayor of the city of Athens, unless he shall have attained the age of twenty-five years, is a citizen of the United States, and shall have resided in said city for two years immediately preceding his election; and no person shall be eligible as an alderman of said city, unless he shall have attained the age of twenty-one years, and shall have the other qualifications specified in the case of mayor. Mayorwho eligible to office of. Aldermen. Sec. 9. Be it further enacted , That the mayor and council of the city of Athens shall elect, at first meeting of council in each year, a marshal, or chief of police, a clerk of council, who shall be ex-officio treasurer, tax receiver, tax collector and clerk of the mayor's court of said city of Athens, and such other officers as the mayor and council may deem necessary in the government of said city; and all of said officers, unless removed, shall hold their offices until successors are elected and qualified; and the said mayor and council shall have power to establish the fees and salaries, which, when once fixed, shall not be increased or diminished during continuance in office; to take the bonds, to prescribe the duties and oaths, and to remove from office for a breach, neglect or incapacity to discharge the duties, at their discretion, any officer elected by them. Election of officers. Fees and salaries. Duties oaths and bonds of. Sec. 10. Be it further enacted , That the mayor and each member of the city council shall be ex-officio a justice of the peace, so far as to enable any one of them to issue warrants for offenses committed within the corporate limits of the city of Athens, to suppress riots or breaches of the peace, arrest, confine, commit or bind over offenders against the laws of this State, to answer for such offense before the proper tribunal. Mayor and aldermen ex officio Justices of the Peacewhen. Sec. 11. Be it further enacted , That the mayor of the city of Athens shall have power to impose fines for the violation, at any place in said city, public or private, of any ordinance of the city, passed in accordance with its charter, and to punish for contempt to the amount of one hundred dollars, and to imprison offenders in the common jail of Clarke county, or city prison of Athens, for the space of sixty days, or both fine and imprisonment, or to require offenders to work out the amount of the fine and cost on the streets of the said city, at the rate paid street hands; the said fine, after being regularly imposed, shall be collected by execution, to be issued by the clerk of council, against the estate of said offender, if any be found; if none, the offender may be imprisoned, or work on the streets, as before provided. Ordinancesviolation of. Fineshow collected. Sec. 12. Be it further enacted , That if any person shall be dissatisfied with any judgment pronounced against by him

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said mayor, said person shall have the right of appeal to the council, at its next regular meeting, by giving notice at the time said judgment is pronounced, or when the officer goes to execute the same, which notice shall supersede the said judgment until the hearing of said appeal: Provided , The party thus appealing shall give bond, with good security, in the sum of one hundred dollars, to be judged of by the mayor or any three aldermen of said city, payable to said mayor and his successors in office, on condition to stand and abide the judgment to be rendered in said casewhich bond may be forfeited for non-appearance, and, upon a rule to show cause, judgment may be rendered by said mayor and council, as on forfeited recognizances in the Superior Courts of this State, and execution had according, under such powers as are usual for issuing executions, the same to bear test in the name of said mayor, and be issued and signed by the clerk of council. Appeals. Bondhow forfeited. Sec. 13. Be it further enacted , That the council of said city, on the hearing of any appeal case, shall have the power to increase the penalty imposed by the mayor, should the cause be deemed frivolous: Provided , No penalty imposed by the mayor or council shall exceed a fine of one hundred dollars and cost, and sixty days imprisonment; and the writ of certiorari to the Superior Court shall lie to all judgments of the mayor or council imposing any imprisonment or fine under the same rules and regulations as govern certiorari in the Justices courts of this State. May increase penalty. Proviso. Sec. 14. Be it further enacted , That the said mayor and council, or a majority of the council, shall have power to elect a mayor pro tem. , who shall be clothed thereby with all the rights, privileges and duties of the mayor elect, when and during the sickness or absence of the mayor, upon taking the usual oath, and not otherwise; and if the mayor pro tem. , as well as the mayor elected by the people, should both be unable from any cause to attend to their duties, the council shall elect another mayor pro tem. , who shall thereby be clothed with all the rights, powers and duties of mayor of the city, upon taking the usual oath, and who shall serve only during the absence of the mayor. Mayor pro tem.rights and duties of. Sec. 15. Be it further enacted , That the mayor and council of the city of Athens shall have full power and authority to pass all ordinances respecting the streets of said city; to open and lay out the same, respecting public buildings, work houses, public houses, carriages, wagons, carts, drays, itinerant traders or peddlers, pumps, wells, springs, fire engines, care of the poor, street railroads, suppression of disorderly houses or lewd houses, and every other regulation or ordinance that shall appear to them necessary and proper for the security, welfare and interest of said city, or for preserving the peace, health, order and good government of said city: Provided , Such regulation or ordinance is not in conflict with the Constitution and laws of this State or the United States. Ordinances. Proviso.

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Sec. 16. Be it further enacted , That the mayor and council of the city of Athens shall have full power and authority 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 other public places in said city; they shall have power to license all drays or other vehicles, ten-pin or other alleys, skating rinks, shooting galleries, auctioneers or vendue masters, and of regulating the terms on which such licenses shall be granted, and of declaring the license void when said terms are not complied with; they shall have power and authority to control the markets and marketing within the city; they may establish one or more markets within the city, and regulate the same, fix the hours of sale therein, fix the fees, prohibit the sale of marketable commodities elsewhere within the city, and to pass all ordinances necessary and proper to regulate the market and marketing within the city. They shall have power to abate all nuisances, or anything injurious to the health of the city. Obstructions and nuisances. Licenses. Markets. Sec. 17. Be it further enacted , That in all cases of encroachments upon streets, lanes or alleys in said city, the mayor and council shall have power to remove the same upon reasonable notice, or permit and sanction the same for a fair and reasonable compensation in money, to be paid into the city treasury, said mayor and council having due regard to the interest of the property holders who may be effected thereby. Encroachments on streets. Sec. 18. Be it further enacted , That when the majority of the property holders of a block agree to pave the sidewalks in a particular manner, then the council shall have the power to compel the minority to pave with the majority. Pavements. Sec. 19. Be it further enacted , That the said mayor and council of the city of Athens shall have power to tax all theatrical performances, circuses, concerts, menageries, legerdemain performances, lecturers, giving discretionary power to relieve lecturers, panoramas, or any other performance, exhibition, show or entertainment of whatsoever kind for profit, within the corporate limits of said city. Taxes. Sec. 20. Be it further enacted , That the mayor and council of the city of Athens shall have power to take up and impound any horses, mules, cattle, hogs, goats, dogs or other domestic animals running at large within the limits of said city, and to pass such ordinances as may be deemed by them necessary and proper for the regulation of stock within the city. Horses, hogs, etc., impoundedwhen. Sec. 21. Be it further enacted , That the mayor and council of the city of Athens shall have sole power to grant licenses for the sale of spirituous or malt liquors in any quantity in said city, and to affix the price of such licenses and the terms and regulations on which the same may be granted; affix the

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price, terms and regulations on which licenses may be granted to keep billiard and bagatelle tables within the corporate limits of the said city of Athens; without a license from the mayor and council, no person shall sell spirituous or malt liquors in any quantity in said city, or keep any billiard or bagatelle table at any drinking saloon, place of entertainment, public house or other place of resort in said city; and any person or persons so offending shall be liable, for each offense, to a fine of one hundred dollars, to be paid into the treasury of said city, on conviction by the mayor thereof, or imprisonment in the city prison of Athens, or county jail of Clarke county, not exceeding sixty days. Licenses. Penalty for selling liquor without license. Sec. 22. Be it further enacted , That the said mayor and council shall have full power and authority to elect, by ballot, three freeholders as city assessors, to assess the value of all real estate lying within the corporate limits of said city and subject to taxation, and which said assessors shall make a return to said mayor and council at such time as they shall appoint; and said mayor and council shall place such assessment, so returned, in the hands of the clerk of council of said city, who shall enter the same in his books with other taxes, and the same shall be collected as other taxes of said city: Provided , No real estate shall be assessed and taxed for a greater amount than that for which the owner would sell the same. City Assessors. Tax on real estate. Sec. 23. Be it further enacted , That the said assessors, before they enter on the discharge of their duty, shall take and subscribe an oath before the mayor, faithfully and truly to assess all the real estate within the corporate limits of the city of Athens, and to return such assessment to the mayor and council thereof, and shall receive for their services such sum each as the mayor and council shall order. Oath of assessors. Sec. 24. Be it further enacted , That the mayor and council of the city of Athens shall have full power and authority to levy and collect an annual tax of not exceeding one per centum upon the value of all the property within the corporate limits of said city, of whatsoever kind, real or personal, which is, or may be, subject to taxation by the laws of this State. Annual tax. Sec. 25. Be it further enacted , That hereafter it shall be the duty of all tax-payers and owners of property other than real estate in the city of Athens, and they are hereby required to make their returns, under oath, of the value of their property in said city, held in their own right, or in the right of others: Provided always, however , That the mayor and any two members of the council, selected for that purpose, together with the clerk of the council, shall have power to supervise all returns made by the tax-payers, and if, in their opinion, any of such returns are incorrect in fixing the value of the property in the same, then to correct any such returns

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thus incorrectly made by affixing or assessing such higher value as in their opinion may be proper and right: Provided , Such assessment shall not exceed the amount for which the owner would sell the property. Tax returns May be supervisedby whom. Sec. 26. Be it further enacted , That if any tax-payer, or owner of property other than real estate, shall fail or refuse to make his, her or their tax returns within the time prescribed by the mayor and council of the city of Athens, said mayor and council shall have full power and authority, either by themselves or their authorized agent or agents, to make a just valuation of all such property not returned, and collect double tax on the same. Failure to make returns. Sec. 27. Be it further enacted , That said mayor and council shall have power and authority to enforce and collect a double tax of any person or persons, agents, firm, company, corporation or association, who shall fail or refuse to pay his, her or their general, ad valorem or city tax within the time prescribed by said mayor and council. Double taxwhen. Sec. 28. Be it further enacted , That all taxes levied by said mayor and council shall be collected as follows: An execution shall be issued by the treasurer of the city, directed to the marshal or chief of police of the city, against the estate, real and personal, of the defaulter, and the marshal or chief of police shall proceed to levy the same; and, after advertising for thirty days, shall sell the property levied on before the court-house door of the county of Clarke, on a regular Sheriff sale day, and between the legal hours of Sheriffs' sales. The said marshal or chief of police shall put up said property, and shall offer the same in parcels until he gets a bid sufficient to pay the taxes and cost due, and shall then knock off the property to the purchaser, and make him a deed, which shall be as effectual to pass the title as the deed of the person against whom said execution was issued. Taxesforcing collection of. Sec. 29. Be it further enacted , That the said mayor and council shall have power to authorize, by ordinance, the marshal, chief of police or any policeman of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or law of this State; any person or persons failing or refusing to obey said summons shall, on conviction before the mayor, be fined not exceeding one hundred dollars, or imprisoned not exceeding sixty days. Marshal may summons by-standers to make arrest Sec. 30. Be it further enacted , That said mayor and council shall have power to establish and fix fire limits, and, from time to time, in their discretion, to extend and enlarge the samewithin 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 whatever, without the consent of council previously obtained, and should any erect, or cause to be erected, within such fire limits so established, any building

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or other structures of any kind other than fire-proof, the 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, to be collected by execution, as in other cases, and said mayor and council shall have power to determine what buildings or other structures are, or are not, fire-proof; said mayor and council shall also have power to remove any forge and smith-shop, when, in their opinion, it shall be necessary to insure safety against fire; they shall have power to cause any stove, stove-pipe or other thing which shall endanger the city, as to fire, to be removed or remedied, as their prudence shall direct. Fire limits. Sec. 31. Be it further enacted , That the said mayor and council of the city of Athens shall, during the month of May in each year, appoint five fit and proper persons, who shall constitute the board of health, three of whom shall be a quorum, to meet weekly, or as often as may be necessary; to visit all and every part of the city, and to report to the council all nuisances which are likely to endanger the health of the city, or any part thereof; and the said mayor and council shall have power, upon the report of the board of health, to cause any such nuisances to be abated, and their recommendations 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 premises, as the council may elect. Board of health. Sec. 32. Be it further enacted , That the said mayor and council of the city of Athens shall have the power, upon the recommendation of the board of health, to cause the owners of lots within said city to drain the same, or to fill the same to the level of the streets or alleys on which said lot or lots are fronting; also, to compel the owner or owners of cellars, occasionally holding water, to cause the same to be emptied of the water, or filled up if necessary; and in case the owner of said lot or lots shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of said mayor and council, by filling up said lots or cellars, or by draining the same, it shall be lawful for said mayor and council to employ some one to do the same, and for the amount so expended, the city treasurer shall forthwith issue an execution against the owner of said property, to be collected from said lot or any other property belonging to him; and a sale under said execution by the marshal or chief of police shall pass the title to the property sold as completely as a sale under an execution and sale made by a Sheriff of this State; the said mayor and council of the city of Athens shall have power to fill any vacancies that may occur in the board of health; and this act may be pleaded and shall be a complete defense to any action brought against the said mayor and council, or either of them, or any act done by them under its provisions, and under ordinances passed in pursuance of it. Lotsowners of may be compelled to drain. Vacancies.

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Sec. 33. Be it further enacted , That the mayor and council of the city of Athens shall have authority to compel all persons within the corporate limits of said city, liable to road duty by the laws of this State, to work on the streets of said city for any time not longer than fifteen days: Provided, nevertheless , That such person shall have the right to discharge said duty by the payment of a sum of money not to exceed three dollars. Streetshow worked Sec. 34. Repeals conflicting laws. Approved August 24, 1872. (No. 108O. No. 258.) An act to amend an act entitled an act to establish a City Court in the city of Atlanta. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the Judge of the City Court of the city of Atlanta shall sentence all persons convicted of crime in said court, when not otherwise punished, to labor upon the streets and public works of said city, and after sentence, the convicts shall be delivered by the Sheriff to the authorities of said city to carry into execution the sentence of the court, and the mayor and council of said city are hereby authorized to farm out said convicts upon the same terms and under the same limitations as the Ordinary of said county is authorized to do. City Court of Atlanta. Persons convictedhow sentenced. May be farmed out. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 109O. No. 194.) An act to provide for the payment of jurors serving in the City Court of Atlanta. Section 1. Be it enacted by the General Assembly of the State of Georgia , That all persons who have heretofore, or who may hereafter serve as jurors in the present City Court of Atlanta, shall receive the sum of two dollars per day, the same to be paid out of the city treasury upon the certificate of the clerk of said court, approved by the Judge of the same. Pay of jurors. Sec. 2. Be it further enacted , That in each civil case commenced in said court by any person residing out of said city,

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the party plaintiff shall pay to the clerk, in advance, as a jury fee, the sum of three dollars, which shall be, by the clerk, paid over to the treasurer of the city of Atlanta. Jury fee. Sec. 3. Repeals conflicting laws. Approved August 24, 1872. (No. 110O. No. 245.) An act to amend an act entitled an act to amend the charter of the city of Atlanta, approved January 20, 1871. Section 1. Be it enacted by the Senate and House of Representatives, and it is hereby enacted by authority of the same , That the above recited act be amended so as to strike out the words, in view of any improvements thereafter made upon the same, occurring in the twentieth line of section first of the above recited act. Section 1 of recited act amended. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 111O. No. 58.) An act to amend the charter of the city of Atlanta. Section 1. Be it enacted , That the second deputy marshal of said city, or such other officer of the same, to whom may be, by the mayor and council, delegated the duty of collecting the taxes due by citizens and property-holders to said corporation, shall have power to levy all fi. fas. issued for taxes, and sell property under the same, and put purchasers in possession, and sign and make titles the same as Sheriffs of this State, as the chief marshal may, by law, now do in like cases; and the title so made by such officer shall be as good and effectual as if made by a Sheriff or chief marshal, as aforesaidsuch deputy, or other officer, receiving the customary costs and fees for the services rendered. Tax fi. fas. May sell property. Sec. 2. Be it further enacted , That said collector of taxes and the clerk of council, respectively, shall have all the power of a justice of the peace, for the purpose of administering oaths, in the performance of the duties of their respective offices. Who may administer oaths. Approved August 22, 1872.

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(No. 112O. No. 311.) An act to authorize the Augusta Exchange, and president and directors of the Chamber of Commerce of the city of Atlanta, to elect a board of abitrators, and to make the awards of such board of arbitrators the judgments of the Superior Court of Richmond and Fulton counties, respectively, under certain circumstances. Section 1. Be it enacted , That the board of managers of the Augusta Exchange, whether said Exchange shall be made a body corporate by proper authority or not, may annually elect five members of said Exchange, who shall not be also members of the board of managers; the five members so elected shall hold their offices for one year from the date of such election, and shall be styled the Board of Arbitration of the Augusta Exchange; should a vacancy occur in said board of arbitration, the board of managers may elect a member to fill the vacancy, who shall hold his office for the balance of the year, for which the board of which he becomes a member was originally elected. Name. Sec. 2. Be it further enacted , That when the members of said Exchange, or any one claiming by, through or under them, have among themselves any matter of controversy, other than those matters of which the Superior Court, or some other court, has exclusive jurisdiction under the Constitution of this State, such matter of controversy may be submitted to said board of arbitration, by an instrument in writing, signed by the parties to the controversy, clearly setting forth the matter of controversy, and time by which the award thereon shall be rendered; the board of arbitration shall thereupon hear the same, and said board, or a member thereof, shall have power to subp[UNK]na witnesses, and to issue commissions for the examination of witnesses as arbitrators under the Code of Georgia are authorized to do; and said board may adjourn, from time to time, the hearing of the matter submitted to them, but not beyond the time named in the submission for the rendition of the award; and an award of the majority of the board shall be taken and deemed the award of the board. What matters submitted to. How made. How heard. How determined. Sec. 3. Be it further enacted , That any award so rendered, when signed by the board of arbitrators, or a majority of them, may be filed at any time thereafter in the office of the Clerk of the Superior Court of Richmond county, and if exceptions to such award, on the ground of fraud of said board, or some member thereof, in making said award, are not also filed in said office in the meanwhile, the Clerk shall enter said award, ten days after the filing thereof, among the minutes of the Court, and thereupon said award shall become the judgment of the court, and thereupon execution in pursuance of the award may issue and be enforced in the manner of executions

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from the Superior Court, and shall also be entered on the execution docket. The judgments so entered as aforesaid shall be final and conclusive between the parties. Awards. Judgment of Superior Courthow enforced. Sec. 4. Be it further enacted , That the powers herein conferred on the board of managers of the Augusta Exchange are hereby also vested in the president and directors of the Atlanta Chamber of Commerce; and the arbitrators elected by the president and directors of the Atlanta Chamber of Commerce shall have the same jurisdiction and authority as is herein conferred on those chosen by the board of managers of the Augusta Exchange. All awards made by the arbitrators elected by the president and directors of the Atlanta Chamber of Commerce shall be filed in the office of the Clerk of the Superior Court of Fulton county, and all proceedings in said awards shall thereafter conform to those prescribed in this act for enforcing or resisting an award made by the arbitrators chosen by the board of managers of the Augusta Exchange. Same powers conferred on Chamber of Commerce. Sec. 5. Repeals conflicting laws. Approved August 26, 1872. (No. 113O. No. 228.) An act to amend an act entitled an act to extend the present limits of the city of Augusta, and for other purposes, approved October 25, 1870. Section 1. The General Assembly of the State of Georgia do enact , That the before recited act be amended by striking out the third section of said act and inserting the following: All persons who are citizens of the United States, who have resided within the State of Georgia for six months preceding, and for the last six months in the city of Augusta, who are twenty-one years of age, and whose names have been registered according to law, and none other, shall be entitled to vote at any election for mayor and members of the city council of Augusta. Mayor and members of councilwho may vote for. Sec. 2. Be it further enacted , That the following words be stricken out of the second section of said act: and the members of said wards in the city of Augusta shall not be increased, nor shall the boundaries thereof be changed. Amended act words stricken from. Sec. 3. Repeals conflicting laws. Approved August 24, 1872.

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(No. 114O. No. 234.) An act to authorize the city council of Augusta to open, change, widen or extend streets in said city, and to provide for the assessment of damages for the same. Section 1. The General Assembly of the State of Georgia do enact , That the city council of Augusta shall have power, by ordinance, to open new streets, change, widen or to extend streets already opened, within the corporate limits of said city. New streets Sec. 2. That the damages, if any, sustained by the owner or owners of land or other property, by reason of the opening, changing, widening or extension of such streets, shall be ascertained and assessed by three appraisersone of whom shall be nominated by said owner or owners, one by the mayor of said city, and the other by the Ordinary of the county of Richmondwhose award, or that of a majority of them, certified in writing under their hands and seals in duplicate, one for each of the parties in interestthe said city council of Augusta, and the owner or owners of said land or other propertyshall be recorded in the office of the Clerk of the Superior Court of said county; the appraisers appointed for the purposes aforesaid shall, in all cases, in making up their award, consider the benefits from the opening, changing, widening or extension of such streets, accruing to the owner or owners of such land or other property, and set off such benefits against such damages, but in no event giving an award against such owner or owners for the excess of benefits over damages; in case either party shall be dissatisfied with said award, he, she or they may, within ten days after the recording of the same, enter an appeal to the Superior Court of said county, as in other cases of appeal, where the question of damages shall be determined by a jury; but the award of the appraisers, if not appealed from, shall operate and have the effect of a judgment, upon which the Clerk of the Superior Court of said county shall issue execution. Damages. Appeals. Sec. 3. That the opening or extension of said streets, by the city council of Augusta, shall not be interfered with by any court, pending the action of said appraisers, or pending the appeal from their award. Opening or extension of streets. Sec. 4. Repeals conflicting laws. Approved August 24, 1872.

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(No. 115O. No. 201.) An act to extend the jurisdiction of the City Court of Augusta, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the City Court of Augusta, in addition to the civil jurisdiction hitherto exercised by said court, shall hear and determine actions for forcible entry and detainer, for eviction of trespasses, intruders and tenants holding over for protection of personal property, suits at law against trust estates, proceedings for enforcement of steamboat, factors', laborers', mechanics' and other liens of every description given by law, or contracts of parties for establishing lost papers, perpetuating testimony, and generally have current jurisdiction with the Superior Court of Richmond county, within the corporate limits of the city of Augusta, of all matters not exclusively vested in the Superior Court by the Constitution of this State, where the amount in dispute does not exceed one thousand dollars, exclusive of interest and damages, and in all cases, of any kind, in said court, the amount actually in controversy shall determine the question, jurisdiction and not the penalty named in any bond or other instrument sued on. Jurisdiction extended as to what cases. Sec. 2. That the Judge of said City Court shall have authority to hear and determine all civil cases of which the said court has jurisdiction, and to give judgment and award execution thereon: Provided, always , That either party in any case 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 case is returnable. Civil cases. Proviso. Sec. 3. That the seventh section of the act of February 15th, 1856, authorizing the drawing of a grand jury in said court, is hereby repealed, and in lieu thereof and of indictment found, all criminal cases shall be tried on written accusations, setting forth plainly the offense charged, which accusation shall be founded on affidavit of the accuser and signed by the Solicitor General. Grand juries not to be drawn. Sec. 4. That the Judge of said court shall, in any and all proceedings before him, in term time or vacation, have and exercise the same powers and functions as to cases of which said court has jurisdiction, that the Judge of the Superior Court might exercise in similar cases. Sec. 5. That the said court shall have authority to make any award of arbitratorswhen such award has been rendered in the city of Augusta, and does not exceed one thousand dollars, exclusive of interest, and does not involve titles to landthe judgment of the court in the same manner as awards are made in the judgment of the Superior Court. Awards. Sec. 6. That whenever the presiding Judge is interested in any case in said court, the Clerk of the court shall exercise

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the power of appointing a Judge in the same manner as is now done in the Superior Courts of this State. Judge disqualified. Sec. 7. Repeals conflicting laws. Approved August 24, 1872. (No. 116O. No. 240.) An act to authorize the town council of Barnesville to issue bonds, as currency, to aid in the construction of male and female academies in the said town of Barnesville, and for other 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 mayor and council of the town of Barnesville, in the county of Pike, by and through the mayor and treasurer of said town, shall have power to issue bonds to aid in the building and erection of male and female academies in said town, on such terms as to them may seem best, and that said bonds may be issued in such sums as will provide a circulating medium, and having the similitude of money, to secure the circulation of the same, with power to redeem the same by taxation upon real estate and stock in trade in said town: Provided , Said tax shall not exceed two per cent. per annum on the value of said property. May issue bonds for what purpose. Sec. 2. That said mayor shall be authorized to sign said bonds, and that said council shall be allowed to make such arrangements for the redemption of said bonds, in United States currency, as to them may seem best for the interests of said town of Barnesville. How to be signed. Sec. 3. That the amount so expended by the said town, in the erection of said academies, shall entitle the said town to stock in said academies to a like amount, and shall be managed by a board of trustees for the benefit of the public, and liable for the redemption of said bonds, and said buildings shall be liable for sale in case said bonds are not redeemed at maturity by taxation. Town to have stock in. Sec. 4. That said town council be, and they are hereby, authorized to take stock in either or both of said academies, and to issue bonds, as aforesaid, for the same, as well as for the improvement of the grounds adjacent to said buildings to be erected. Council may take stock in. Sec. 5. Repeals conflicting laws. Approved August 24, 1872.

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(No. 117O. No. 410.) An act to amend an act, approved October 25 , 1870, superseding an act to incorporate the town of Blackshear, in the county of Pierce, and State of Georgia, approved December 15 , 1859, and the act amendatory thereof, assented to December 19 , 1860, so as to confer civil and criminal jurisdiction, in and for the county of Pierce, upon the mayor of the corporation of Blackshear, and to provide for the selection and appointment of mayor and officers of said corporation; to regulate the fees of mayor and other officers of the court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia , That, from and after the first day of October, 1872, all the rights and powers conferred upon said corporation, by said superseding act, inconsistent with this act, shall cease, determine and be void. Certain powers to cease. Sec. 2. That it shall be the duty of the grand jury, selected and sworn for every fall term of the Superior Court of Pierce county, to recommend the name of a citizen of said corporation, who has resided within the corporate limits at least one year, and has attained the age of twenty-five years, to the Clerk of said Superior Court of Pierce county; it shall be the duty of said Clerk to appoint the citizen, so recommended, chief officer of said corporation, who shall be known as mayor of Blackshear; the office heretofore known as intendant is hereby abolished, and the mayor shall perform his duties, the said appointment to be made for one year, and his term shall begin on the first day of October, 1872, and on the same day in each year thereafter, except when chosen to fill an unexpired term, and to hold until his successor is appointed and qualified; in case the grand jury, at the fall term, should, from any cause, fail to recommend, or a vacancy should occur in the office of mayor, then it shall be the duty of the grand jury, at the spring term, to recommend and the Clerk to appoint said mayorthe aforesaid appointment to be signed by the Clerk of the Superior Court and countersigned by the Judge thereof, and placed on the minutes of said court, and a certified copy of said appointment, under the hand and official seal of the Clerk, shall be the mayor's sufficient authority; that the mayor shall take the oath required of all civil officers, as well as that required to be taken by Judges of the Superior Court. Grand jury to recommend chief officer. Chief officer, mayor. Term of office. Vacancy. Oath. Sec. 3. That the mayor shall be Judge of the corporation court, and it is hereby made a court of record, and the clerk of council shall be clerk of said corporation court; said mayor shall have jurisdiction in all civil cases, matters of contract and tort, except where, by the Constitution, exclusive jurisdiction is given to the Superior Court throughout

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said county, when the principal sum in cases of contract, and when the damages claimed in cases of tort, do not exceed five hundred dollars, with the right of appeal to the Superior Court when the amount exceeds fifty dollars, and the right of certiorari when the amount is fifty dollars or less, as hereinafter provided; said mayor shall hold his courts, at the court-house in Blackshear, on the second Monday of each month, for the trial of civil cases, in which the amount does not exceed one hundred dollars, principal debt, and shall hold semi-annual sessions of said court on the second Mondays of December and June, of each year, for the trial of all civil cases where the amount involved is over one hundred dollars; in cases where the amount involved does not exceed one hundred dollars, the proceedings to be the same as now obtain in Justices' Courts; and at the semi-annual sessions, the proceedings to be the same as are now practiced in the Superior Courts of this State, as to the commencement of suits and the manner of trials; and said mayor is hereby authorized to draw from the jury-box of said county, for each semi-annual term, such number of jurors as may be necessary to serve at said terms, and shall be served by the marshal of said corporation, his assistant, or any lawful constable of said county. Mayor's Court. Jurorshow drawn. Sec. 4. In cases of emergency, when more than one marshal is necessary to attend to the business of said mayor, or there is no regular marshal, or he is sick or absent, or for any other reason he cannot conveniently attend, said mayor may appoint, by order, on his docket, one or more special marshals without taking from them bond and security, but in all cases requiring the usual oath administered to constables; these marshals, when appointed, shall have the same authority to serve process, summons, orders, and all other legal papers of said mayor, over the entire county, as constables have in their several districts, and have all the rights of a constable, and be liable to perform the duties of a constable. Special marshalauthority of Sec. 5. When the time specified in the summons shall have arrived for a hearing, said mayor shall proceed to hear and determine matters submitted to him in his jurisdiction, unless the case be continued as heretofore prescribed. Should either party be dissatisfied with the verdict, and the principal sum claimed exceed one hundred dollars, said party may enter an appeal from such verdict, within four days, under the same rules as now exist in taking an appeal from the Justices' Courts; when such appeal has been entered, said mayor shall transmit the same, and all papers connected with the case appealed, to the Clerk of the Superior Court of said county, at least five days before the first day of the next term, then to be tried and disposed of as appeals are now from the Justices' Courts. When the principal sum or damage claimed does not exceed one hundred dollars, either party may sue out a certiorari within twenty days after judgment, and not after,

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under the same rules and regulations as now provided for certiorari from Justices' Courts, and shall be determined by the Judge of the Superior Court in accordance with the law laid down in Irwin's Revised Code. Caseshow heard and determined. Appeals. Certiorari. Sec. 6. As soon as judgment has been entered, unless a certiorari is sued out or an appeal entered as above provided, it shall be the duty of the mayor to issue an execution in the usual form. Executions. Sec. 7. That the mayor shall have the same power to procure testimony from witnesses in said county, to compel production of papers, and the same power to procure testimony by interrogatories and commission, and shall have the same general power to issue notices, writs, orders, processes necessary to dispose of all matters appertaining to his jurisdiction, as are granted to the Judges of the Superior Court in their jurisdictions, and shall have the same power as to contempt of officers and others, by fining not exceeding fifty dollars, and imprisonment not to exceed ten days, in the common jail of Pierce county, over which, to the extent of his jurisdiction, he shall have as full control as a Judge of the Superior Court. Testimony. Contempt of court. Sec. 8. That besides the civil matters above mentioned, the said mayor shall have jurisdiction to hear and determine, according to law, all applications for the ejection of intruders, tenants holding over, or the petition of personal property, for the trial of possessory warrants, to issue and dispose of distress warrants, to issue attachments, garnishments, to foreclose mortgages on personal property, lien cases, attest deeds and other contracts for registry, to administer oaths, to exercise the same power as was given to the officer known as county judge, by the acts of 1865 and 1866, in relation to attesting, approving and enforcing and setting aside court contracts, as described in Irwin's Revised Code, and in all railroad stock claims, when the amount does not exceed one hundred dollars, under the same rules and regulations as are provided in Irwin's Revised Code, for the summary enforcement of said claims; the mayor shall allow all parties interested to file their defense, in writing, under oath, as all defenses in all cases are now filed in Justices' Courts, and proceed to give judgment only when such notice and opportunity for defense is offered, with the same right to appeal and certiorari , and under the same rules and restrictions, as are provided in section fifth of this act, and as given in railroad cases under the summary remedy. Other cases mayor may hear. Defenses. Sec. 9. That the mayor shall cause a docket to be kept of his civil proceedings, as required by law of justices of the peace, and shall cause to be carefully filed away and preserved all the legal papers committed with such proceedings. Docket. Sec. 10. That the mayor, when appointed and qualified, shall, over the county of Pierce also, have jurisdiction and authority, upon affidavit made before him, to issue criminal warrants, to be in form, both as to affidavit and warrant, as pre

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scribed in sections 4618 and 4619 of Irwin's Revised Code, against all persons accused of crimes and misdemeanors; in cases which, upon an examination, which examination he is hereby authorized to make, appear to be felonies, said mayor shall commit the party accused to jail, for safe keeping, so that his presence may be secured for trial before the proper tribunal, unless the case be bailable, when the accused may, upon complying with the law respecting bail, be bound over, to appear before the proper court for the trial of such case; in all cases which do not, upon examination, appear to be felonies, the mayor shall have full authority and jurisdiction, as hereinafter provided, to hear, decide, determine, adjudicate and sentence upon the same, and to the same extent as the District Judges had under the act of 1870, organized for certain districts therein named; in all cases of less grade than felonies, when indictment is found by the grand jury, the Judge of the Superior Court may, if he choose to do so, order said indictment to be returned, with all the papers pertaining to said case, to said mayor, to be disposed of by him, after ten days' notice to the party accused and presented; if the said notice is waived in writing of each, then the mayor may proceed at once to hear the case, unless a continuance be asked, or a jury demanded, as hereinafter provided; continuances shall be granted in all criminal cases, under the same rules as govern continuances in the Superior Courtsshall be granted to such time as is proper and just, under the circumstances; when the defendant, in any criminal case, shall demand to be tried by a jury, instead of the mayor, then the case shall be postponed until a jury can be summoned for such trial; and a jury shall be thus procured: the marshal shall summons a jury of twelve men, who are liable to do jury duty, and whose names appear on the regular jury listseven of whom shall compose the jury to try such case, and to pass upon the guilt or innocence of the accused; said accused shall have the right to strike five from the list of twelve, and, in case of his refusal or failure, the first seven names appearing on the list summoned shall compose the jury; the marshal, as heretofore provided, shall, when appointed, be authorized to execute all warrants, orders, writs and precepts relating to criminal proceedings; the accused shall have no right of peremptory challenging the jury so summoned, but may show any of them not to be free from legal exception; and in case this is done, tales jurors shall be summoned, the same as tales jurors are summoned in the Superior Court, until the twelve are obtained; if the verdict of said jury, which shall have the same power and effect as juries in like criminal cases in the Superior Court, as to the law and facts, shall be against the accused, he shall be sentenced as in cases when the mayor alone tried the case. Jurisdiction of Mayor's Court. Bail. Powers to try misdemeanors. Continuances. Jurytrial by. Marshal to summon. Right of accused. Verdict and sentence. Sec. 11. That in cases sent from the Superior Court, the trial shall be had on the indictment from said court, but in

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all cases in which no indictment has been found in the Superior Court, the mayor shall cause a written accusation to be drafted, founded on the affidavit charging the defendantsaid accusation to be in the name of the State of Georgia, and signed by the prosecutor, plainly, fully and distinctly setting forth the offense charged, the time when committed, and the affidavit upon which the accusation is based shall be referred to in said accusation, to which the accused may demur or plead; if on demurer it is found that a conviction cannot be had, from the insufficiency of the accusation, the mayor shall cause another to be drafted, and the accused kept in custody until it can be done; when the case is submitted to the mayor, upon the pleading as above set forth, the defendant being allowed full opportunity to plead and defend as in criminal cases in the Superior Court, the mayor shall give both parties, accusor and accused, time for a fair and impartial hearing; and the mayor, on the trial before him or a jury, make a thorough and careful examination of all the witnesses and testimony; after the testimony has been fully submitted, with the law, the mayor or the jury, as the case may be, shall, in ascertaining the guilt of the party accused, be governed by the same rules as govern juries in criminal cases in the Superior Court; if the verdict or judgment be against the accused, the mayor shall at once pass sentence, as provided by law, and the rules governing, Judges of the Superior Court in cases of misdemeanor; if the verdict or judgment is in favor of the accused, he shall be discharged from the accusation so tried; and when the mayor or jury believe the prosecution malicious, they may so find, and in that event the prosecutor shall pay the costs; and, also, in all cases when the prosecutor shall fail to prosecute, the mayor shall enter judgment against the prosecutor for cost and jail fees, to be collected as costs and fines are collected in the Superior Court; whenever fines and forfeitures are collected by virtue of the judgment or sentence of the court, they shall be paid over to the treasurer of the corporation of Blackshear, to be paid out only under order of the mayor, in payment of fees of officers of court and jurors, as hereinafter provided; the mayor shall have the power and jurisdiction to forfeit bonds when the amount of said bond does not exceed one hundred dollars. Indictment. Accusation. Impartial hearing. Sentence. Costs. Fines, etc. Sec. 12. That the right of certiorari from the decision and judgment of the mayor, and the verdict of a jury, in all criminal cases, shall exist as in civil cases, and the certiorari shall be obtained under the sanction and order of the Judge of the Superior Court, in all cases, upon a petition, in writing, to said Judge, complaining of the errors, and showing sufficient ground of error, within ten days after said trial, and not after. This petition shall state the ground of complaint, and shall give a brief of the material evidence, and be duly sworn to. If, upon examination, the presiding Judge shall consider the

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petition entitled to a writ of certiorari , it shall be his duty to cause one to be issued and served on the mayor, as in civil cases, requiring him to certify and send up to the Superior Court a complete and accurate history of said case, which shall be his answer, and be subject to correction and traverse, as is provided in sections 3990 and 3994 of Irwin's Revised Code, except that the Judge, at chambers, shall hear and determine such traverse, and likewise the certiorari on which it is based, after ten days' notice to each party, and may then pass such judgment or sentence as, in view of the entire case, is consistent with justice. No writ, in criminal cases, shall be granted until the accused shall have first filed, with his petition, his affidavit, setting forth that he has not had a fair trial; that he has been wrongfully and illegally convicted, and give sufficient bond and security, or make an affidavit of his inability, from poverty, to pay costs and give bond. Certiorari. Answer to writ of. Accused must swear. Sec. 13. That the mayor shall keep a criminal docket of all cases disposed of by him, and shall carefully and separately, from his civil papers, file all papers connected with each case. In the trial and determination of civil and criminal cases, the mayor shall have the same authority to preserve order and punish for contempt, and shall have as full authority over the jail for that purpose, as a Judge of the Superior Court. Said mayor shall at no time exercise jurisdiction in criminal cases with Justices of the Peace; all cases brought before Justices of the Peace of the county, if they shall appear to be misdemeanors, shall, at once, be turned over to the mayor for trial, which shall be treated as if originally brought before him. The mayor shall have the same power to compel the attendance of witnesses in criminal cases as the Judge of the Superior Court. All the laws of the State, applicable to criminal proceedings before Justices of the Peace and Judges of the Superior Court, not inconsistent with the provisions of this act, and which can be applied to criminal cases before the mayor, are hereby made a part of this act. Criminal docket. Contemptpowers of mayor. Sec. 14. That all sales by the marshal, under civil or criminal process, shall be at the court-house, under the same rules and restrictions governing constables' sales. The mayor, when he deems it necessary in criminal cases, may direct his warrants, orders and proceedings to the Sheriffs, marshals and constables, or any one of them. Sales by marshal. Sec. 15. That the fees of the mayor, as judge of the corporation court, shall be for each criminal case tried, $5.00; in civil cases, when the amount sued for, or claimed, is over fifty dollars, $3.00; if settled before trial, $1.50; if under fifty dollars, $2.00; if settled in vacation, $1.00; for trial and judgment in possessory warrants, eviction of intruders, tenants holding over, distress warrants when litigated, forcible entry and detainer, $3.00; in all other civil cases, not herein mentioned, $2.00; for criminal and other warrants, $1.25;

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attachments, $1.00; garnishments at common law, $1.00; each summons, 40 cents; for each case tried as mayor for violation of the ordinances, $2,00. The fees of the marshal shall be, for each arrest under a warrant, $1.25; for summoning persons to appear before the mayor, for violation of ordinance, fifty cents; serving subp[UNK]na, twenty-five cents; making levy, fifty cents; levying attachments, $1.00; serving summons in civil cases, fifty cents; for other service not here mentioned, same as constables; that constables shall be paid same fees as the marshals when performing their duties; for summoning jury, $2,00, to be paid out of the fines and forfeitures under order of the mayor. The fees of clerk of council and corporation court, who shall keep a book of minutes of said court, in which shall be entered list of jurors, verdicts, judgments, orders, and all other proceedings of the said court, shall be, for recording orders, fifty cents each; issuing executions, fifty cents; issuing subp[UNK]na, twenty-five cents; issuing summons for violation of ordinance, $1,00; in criminal cases, $2.00; civil cases, $2.00 when amount claimed exceeds fifty dollars; and one dollar for amount less than fifty dollars; for each extra copy, when there is more than one defendant, fifty cents; for certificate and seal, fifty cents. Jurors shall be paid one dollar per day each, for every day that they actually serve, to be paid out of the treasury of the corporation under order of the mayor, out of fines and forfeitures or the general fund. All fees of officers of court to be taxed in bill of costs against the party cost. Fees of mayor. Fees of marshal. Fees of constable. Of clerk. How taxed. Approved August 27, 1872. (No. 118O. No. 214.) An act to incorporate the town of Buford, in Gwinnett county, and to appoint commissioners for the same, and to point out the mode of electing commissioners, etc., and for other purposes. 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 the corporate limits of the town of Buford, in the county of Gwinnett, extend over and embrace the area of one-half mile from the depot of the Atlanta Richmond Air-Line Railroad, in said town, in every direction. Corporate limits. Sec. 2. Be it further enacted , That Adam Pool, A. G. Harris, John F. Espy, W. R. Chamblee, J. R. Stringer and J. A. Pattillo be, and they are hereby, appointed commissioners of said town, who shall, at their first meeting, elect from their

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body a president, treasurer and clerk, and appoint a marshal and all other officers that they may think proper to carry this act into full execution; and the said commissioners and president, and their successors in office, are hereby declared to be a body corporate and politic, under the name and title of the Commissioners of the Town of Buford, and by that name be empowered to sue and be sued, plead and be impleaded in any of the courts of this State; and the said commissioners, or a majority, and their successors in office, shall have full power and authority to make all by-laws, rules and regulations necessary and proper for the government of said town, which are not repugnant to the Constitution and laws of this State, or of the United States. Commissioners. May sue. May make by-laws. Sec. 3. Be it further enacted , That the said commissioners, appointed as aforesaid, shall hold their offices until the first day of January, 1873, and until their successors are elected and qualified; and said election shall be held on the first Monday in January, 1873, and annually thereafter, and all persons within said corporate limits, who are, by law, entitled to vote for members of the General Assembly, shall be entitled to vote for said commissioners; said election shall be conducted by two freeholders, who reside within the said corporate limits, and if, from any cause, said election should not be held at the time herein specified, then it shall be lawful to hold it on any other day the commissioners, or a majority of them, may direct; and in the 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. Annual election. Vacancies. Sec. 4. Be it further enacted , That said commissioners shall have power to levy a tax, annually, of not more than twenty dollars upon each grocery or liquor shop, ball alley, billiard table, or any other table of like character, which may be set up in said corporation. Town tax. Sec. 5. Be it further enacted , That the said commissioners shall have power, by their clerk, to issue executions, or enforce the payment of all taxes, fines, debts due to said incorporation in their corporate capacity, bearing test in the name of their president, and to be directed to the marshal, whose duty it shall be to levy said execution on any of the property belonging to the defendant that may be found in Gwinnett county. Payment of. Sec. 6. Be it further enacted , That all moneys that may be collected by said corporation, by virtue of this act, (except their fees hereinafter mentioned,) shall be paid into the hands of the treasurer, to be applied by him, as the commissioners may direct, for the benefit of the citizens of said corporation. Moneydisposition of. Sec. 7. Be it further enacted , That said commissioners shall be allownd the same fees as Justices of the Peace, for

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the like services, and the marshal shall be allowed the same fees which the Sheriff is allowed by law for like services. Fees. Sec. 8. Be it further enacted , That said commissioners, and all officers elected by them, shall, before entering upon the duties of their office, take and subscribe to the following oath: that I will, to the best of my ability, discharge the duties of a for the town of Buford, during my continuance in office, and that I will support the Constitution of this State, and of the United States; so help me God. Oath of office. Sec. 9. Be it further enacted , That said commissioners shall have power to fine or imprison, or both, at their discretion, all persons who shall be guilty of a violation of any of the by-laws, rules and ordinances of said corporation: Provided , That said fine shall not exceed the sum of twenty-five dollars, and the term of imprisonment shall not exceed five days. Fine, etc. Sec. 10. Be it further enacted , That the marshal, appointed as aforesaid, shall have power to call to his aid, in the execution of the duties of his office, all male persons living in said corporation. Marshalpower of. Sec. 11. Be it further enacted , That said commissioners shall have authority to levy such tax upon the property, real and personal, in said town, not exceeding one-third of the State tax for the year said tax is levied, as they may see proper; and said commissioners shall have authority to compel all persons who live in the corporate limits of said town, who are liable to road duty under the laws of this State, to work on the streets of said town for any number of days in any one year, not exceeding fifteen, as they may see proper: Provided , Any person so liable to road duty may be relieved from the same by paying to the said commissioners any sum, not exceeding five dollars, as said commissioners may determine by ordinance to receive in lieu of said road duty. Streets to be workedhow. Sec. 12. Repeals conflicting laws. Approved August 24, 1872. (No. 119O. No. 393.) An act to consolidate and amend the several acts incorporating the city of Brunswick, and for other purposes therein mentioned. Section 1. The General Assembly of the State of Georgia do enact , That the corporate limits of the city of Brunswick shall continue to be, and the same are hereby, defined as follows, to-wit: The northern boundary line shall begin at the intersection of a creek, commonly called Dart's Narrows, or

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Cut, and the waters of Back river, and shall run thence due west to the channel of Turtle river; thence southwardly and eastwardly along the channel of said Turtle river and the southern line of the channel of St. Simon's Sound to the outer buoy in the open sea; thence westwardly along the northern line of the channel of St. Simon's Sound to the mouth of said Back river; thence up said river to the place of beginning. Limits. Sec. 2. That an election by ballot shall be held at the city hall, in said city, on the second Saturday in December next, for a mayor and eight aldermen, and all male persons, who are citizens of the United States, and shall have resided in this State six months immediately preceding, and within the corporate limits of Brunswick for thirty days immediately preceding the election, and who shall have registered, as hereinafter providedunless absent therefrom on lawful businessand who shall have attained the age of twenty-one years, and shall have paid all taxes legally imposed and demanded by the authorities of said city, and who shall have been registered in accordance with the provisions of this act, hereinafter prescribed, shall be qualified to vote in said election; and any person legally entitled to vote in said election, and who shall have been an actual bona fide resident within the corporate limits of said city for twelve months previous to the election, shall be eligible for either mayor or alderman. Election. Who may vote. Who are eligible. Sec. 3. That the existing mayor and council shall appoint three fit and proper persons (one being a judicial officer, and neither a candidate) to superintend said election, which election shall be held under the laws of the State, as far as they may be applicable thereto; and the persons receiving the highest number of votes for mayor and aldermen shall be declared duly elected, and the superintendents of said election shall give a certificate to that effect, which certificate shall be the evidence of their election and their authority to act, and shall be recorded by the clerk of council, which record shall be held and considered the highest evidence of such election. Election managers. Sec. 4. That the mayor, and the four aldermen receiving the lowest number of votes of the eight elected, shall serve as such until the first Monday in January, A. D. 1874, and the four aldermen receiving the highest number of votes shall serve as such until the first Monday in January, A. D. 1875, and an election, in accordance with the provisions contained in the second and third sections of this act, shall be held on the second Saturday in December, of each and every year, for a mayor and four aldermen, to fill the seats of those whose term of office shall expire, the mayor so elected to continue in office one year and the aldermen two years. Term of office. Sec. 5. That on the first Monday in January, A. D. 1873, and on the first Monday in January of each succeeding year, the said mayor and aldermen (the person so elected) shall meet at the city hall for the purpose of organization, and the

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mayor and each aldermen shall take and subscribe the following oath before some judicial officer: I, , do solemnly swear that I will well, truly and faithfully discharge the duties of mayor (or alderman) of the city of Brunswick, by adopting such measures as shall, in my judgment, be best calculated to promote the general welfare of the inhabitants, and advance the material interests of the city of Brunswick; so help me God, and shall forthwith enter upon the discharge of their duties. The mayor and four aldermen shall constitute a quorum for the transaction of business, and no aldermen shall receive any compensation for his services. All meetings of the mayor and aldermen shall be public, except when engaged in executive business. Organizewhen. Oath of office. Quorum. Sec. 6. That the said mayor and aldermen shall, on the day of their organization, elect, by ballot, a chairman of council, who shall, in case of the absence, death or resignation of the mayor, be vested with all his authority and power, and shall execute all the duties pertaining to the office, and, in the absence of both, a chairman pro tempore , chosen by the board, shall have the like authority and power. Chairman shall act as mayorwhen. Sec. 7. That the said mayor and aldermen shall hold their offices as specified in the fourth section of this act, and until their successors are elected and qualified, and in the event that the office of mayor or alderman shall become vacated by death, resignation, removal, or otherwise, the mayor, and, in case his seat is vacated, the chairman of council shall order an election to fill such vacancies, giving at least ten days' notice thereof in some newspaper published in said city, or other legal notice, and the said election shall be held in accordance with the provision made in the second and third sections of this act. Vacancies. Sec. 8. That the said mayor and aldermen shall, at the first regular meeting after the day of organization, or as soon thereafter as practicable, elect, by ballot, a clerk of council, a treasurer and a chief marshal, and fix their compensation, each of whom shall serve until the first regular meeting of council, after the day of organization, in the succeeding year, or until their successors are duly qualified, unless sooner removed from office, and shall each give such bond and security, for the faithful performance of their respective duties, as may be required by said mayor and council, and shall each take and subscribe an oath that they will, to the best of their skill and ability, honestly and faithfully discharge their several duties without fear, favor or affection: Provided , Said mayor and aldermen may, if they see proper, consolidate the offices of clerk and treasurer. Election of officers and compensation. Bond Sec. 9. That the said mayor and aldermen shall, at a regular meeting, as soon as practicable after their organization elect all permanent officers of the city, establish their fees [Illegible Text] salaries, take their bonds, and prescribe their duties [Illegible Text]

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oaths, and may, at their discretion, remove them, and all others from office, for a breach or neglect of duty, or for bribery or incapacity; and they shall, also, appoint all such other officers of the city as they may deem necessary and proper for the police and good government of the same, and regulate the time and manner of electing said officers, and prescribe their duties, fees, salaries, bonds and oaths, and remove them for good and sufficient cause. Licenses. Other officers. Sec. 10. That the said mayor and aldermen shall be known as the mayor and council of the city of Brunswick, 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 corporate seal, and shall be capable, in law, to purchase, hold, receive, enjoy, possess, retain to them and their successors, for the use and benefit of the said city of Burnswick, in perpetuity, or for any number of years, any estate or estates, real or personal, tenements and hereditaments, of what kind or nature soever, either within or without the limits of the said city of Brunswick, and to sell, alien, exchange or release the same, or any part thereof, on such terms and conditions as to them shall seem expedient and beneficial to said city. Mayor and Council. General powers. Sec. 11. That the said mayor and council shall have authority and power, from time to time, to make, ordain and establish such by-laws, ordinances, rules and regulations as shall to them appear necessary for the security, welfare, convenience and interest of said city, and the inhabitants thereof, and for preserving the health, morals, peace, order and good government of the same. By-laws, ordinances, etc. Sec. 12. That the said mayor and council shall have the authority and power to levy and collect a tax upon all taxable property within the limits of said city, upon real and personal property, stocks in money, corporations, choses in action, incomes and commissions derived from the pursuit of any profession, faculty, trade or calling, upon dividends, banks, insurance, express and other like companies or their agencies, and upon all other sources of profit, not expressly prohibited or exempt by the laws of the State, thus to raise such sum of money as may be necessary for the safety, convenience, benefit and interest of said city, the maintaining the municipal government and the payment of the debts thereof: Provided , Said rate of taxation shall not exceed three per cent. upon a fair valuation of the property taxed. Taxes. [Illegible Text] office. [Illegible Text] Sec. 13. That the said mayor and council shall have power to compel all persons within the corporate limits of said city, who are subject to road duty, under the laws of this State, to [Illegible Text] on the public streets of said city for fifteen days, and no [Illegible Text], during each year: Provided , That any person subject [Illegible Text] work on the streets, as aforesaid, may commute the service [Illegible Text] required by the payment, to the officer of said city authorized

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to receive and receipt for the same, the sum of five dollars, or pro rata for any number of days less than fifteen. Organizewhen. Sec. 14. That said mayor and council shall have the authority and power to widen, extend or straighten any street, alley, lane, way or square in said city, and to open, lay out and establish any new street, alley, lane, way or square within the limits of said city; to remove all nuisances of whatever nature, and all encroachments by wharves, erections or obstructions of any kind along the line of the water front or fronts of the city, or along or upon any street, alley, lane, way, square or place; but whenever said mayor and council shall exercise the power to widen, extend or straighten a street, alley, lane, way or square, or to open, lay out and establish any new street, alley, lane, way or square to the injury of private rights, there shall be appointed five freeholders, two by the mayor and council, two by the owner of said land, and the other by the arbitrators so chosen, of character and respectability, who shall assess the damages sustained by the owner or owners of the lot or lots, over or through which pass said streets, lanes, alleys, ways or squares so widened, extended, straightened, opened, laid out or established, and from which award an appeal can be had to the Superior Court by either party: Provided , Private property shall not be so taken, for such public purposes, until the damages so assessed shall be first paid by the authorities of said city. Streets, alleys, etchow opened Damages. Sec. 15. That no person or body corporate shall, at any time, open, lay out or extend any street, alley, lane, way or square, contrary to the original plan of said city, without the consent of three-fourths of said council, at a regular meeting thereof, and any application of this kind shall be published for one month before final action by said mayor and council. Councilthree-fourths necessary to opening of streets. Sec. 16. That any person or persons wishing to lay out into lots, streets, alleys, lanes, ways and squares, any lands within the limits of said city, shall have the same surveyed, and the streets, etc., plainly marked and a plat thereof filed in the office of the clerk of council, after which all such streets, alleys, lanes, ways and squares shall become the property of and be vested in said city. Surveys for town lots. Sec. 17. That the said mayor and council shall have the sole control and management of the present public market, and all others that may be established in said city, and shall pass such ordinances and rules as may be necessary for the regulation of the same, and of sales and purchases therein; and they shall also have the power to regulate all butcherpens or slaughter-houses within the city, and to cause the same to be removed, if they shall become nuisances or injurious to the health of the city. Market. Sec. 18. That the said mayor and council shall have the sole and exclusive right to grant licenses to sell or retail liquors within the limits of said city, and of fixing the rates and

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amounts of such licenses, and the terms and conditions upon which they shall issue, and to declare said licenses void when said terms and conditions are not complied with. Licenses. Sec. 19. That the said mayor and council shall have the authority and power to license, regulate and control all billiard tables, ten-pin alleys, nine-pin alleys, or alleys of any kind, within the city, and to remove the same whenever they become nuisances; and to license, regulate and control all livery stables, drays, wagons, carts and all pleasure carriages and vehicles of whatever kind within the city; and the said mayor and council shall have power and absolute control over all wells, pumps, fire companies and engines within said city. Billiard tables, ten-pin alleys, etc. Fire companies, etc. Sec. 20. That the said mayor and council shall have the authority and power to regulate and control the conduct of peddlers and itinerant traders within the limits of said city, by taxation or otherwise, and also to tax theatrical performances, exhibitions and shows of any kind whatever, in said city, except such peddlers, traders and shows as are exempt from taxation under the laws of this State. Peddlers. Theaters. Sec. 21. That the said mayor and council shall have the authority and power to remove any forge, smithshop, or other structure within the city, whenever, in their opinion, it shall be necessary to insure against fire; and shall have power to cause any stove-pipe, or any other thing or matter that shall endanger the city, as to fire, to be removed or remedied as their prudence shall dictate. Smith shops Sec. 22. That the said mayor and council shall have the authority and power to appoint and license, annually, as many auctioneers or vendue masters for said city as they may deem proper, and to regulate and control the same, and also to levy a tax upon all goods sold at auction in said city, which tax shall be paid by the auctioneer. Auctioneers Sec. 23. That said mayor and council shall have the authority and power to regulate and control the admeasurement of all wood, timber, lumber, staves, shingles, etc., and a general inspection and supervision of all goods, produce and articles exhibited for sale within the limits of said city, for which purpose they shall appoint and license inspectors of every sort, measurers, weighers and gaugers, whose duties and fees they shall prescribe and declare. Timberadmeasurement of. Inspectors. Sec. 24. That the said mayor and council shall have the authority and power to elect a health officer, who shall be a physician, and whose duties and compensation they shall prescribe and regulate, and they may, if they think it necessary, appoint a board of health, and confer upon it such privileges and powers as are usually granted to such boards. Health officer. Sec. 25. That the said mayor and council shall have the supervision and control of all wharves in said city, and shall regulate and fix, whenever, in their judgment, it shall be necessary, the rates of wharfage to be charged and collected thereon. Wharves.

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Sec. 26. That the said mayor and council shall have the authority and power to regulate or control, or prohibit the running at large, any dogs, horses, mules, cattle, hogs or other stock, within the limits of said city. Horses, dogs, etc. Sec. 27. That the said mayor and council shall have the authority and the power to order the owner or occupant of any lot to make such pavement or sidewalks, and repairs of the same, as they may deem necessary, and upon the failure of any person to comply with such order within the time prescribed, the said mayor and council may cause the same to be done, and shall levy and collect the expenses thereof, by execution against the lands, goods and chattels of the owner, or owners of the lots, whether holding the same under lease, hold title from the city, or by title otherwise derived. Pavements. Sec. 28. That the said mayor and council shall have the authority and power, by ordinance, resolution or order, to cause to be abated, within the limits of said city, any nuisance which may tend to the immediate annoyance of the citizens generally, or which may be manifestly injurious to the public health or safety, or which may tend greatly to corrupt the manners and morals of the people, or any considerable portion thereof, whether the same be a nuisance at common law, or by statute of the State, or by ordinance of said city passed in conformity with law, and to enforce the order for abatement and the removal of such nuisance by the chief marshal, and other civil force of said city. Nuisances. Sec. 29. That the said mayor and council shall have full authority and power to establish such system of quarantine, and to make such sanitary regulations within the limits of said city, as may, in their judgment, be necessary to prevent the spreading of contagious or infectious diseases within said city. Quarantine. Sec. 30. That the said mayor and council shall have full authority and power to pass all such ordinances, and to make all such rules and regulations, as may, in their judgment, be expedient and necessary to prevent the influx or immigration of paupers into said city, and nothing contained in the general laws of the State shall ever be construed and held in derrogation of the powers hereby conferred upon said subject. Paupersimmigration Sec. 31. That the mayor and council shall have the authority and power to appoint, as soon after their first organization as practicable, three intelligent and competent assessors, and fix their compensation, whose terms of office shall be, respectively, one, two and three years, or until their successors are duly elected and qualified, and annually thereafter shall elect one assessor for the term of three years, and until his successor is duly elected and qualified; two of said asessors shall be freeholders within said city, and one a master builder, whose duty it shall be to place a true and just valuation upon all real estate, within the limits of said city, liable to taxation, and return the same, under oath, to the said

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mayor and council, and all taxes levied by the said mayor and council shall be collected by the treasurer, and shall be collected in quarterly installments, at such times and upon such terms as the mayor and council may prescribe; and upon default made by any person in payment of the quarterly proportion of tax, then execution shall issue for the whole of the unpaid tax assessed for the fiscal year, as hereinafter provided; and if, after giving thirty days' notice in some newspaper published in said city, or other legal notice, of the day on which his books will be closed, there shall be a defaulter or defaulters, the treasurer is hereby authorized and empowered to issue an execution against the property of any such defeaulter, and direct the same to the chief marshal of the city, who shall proceed to levy the said execution, and, after advertising for thirty days, he shall sell the property, so levied on, before the court-house door, on a regular Sheriff's sale day, and during the hours for Sheriff's sales; and the marshal shall put up said property, and shall offer the same in parcels, until he gets a bid sufficient to pay the taxes and costs due, and shall then knock off the property to the bidder, and shall make him a deed thereto, which deed shall, as effectually and absolutely, pass the title, as the deed of the person against whom the execution was issued: Provided , The owner of said property may redeem the same, by the payment of the tax and costs, and ten per cent. thereon additional, within twelve months from the day of sale, and not otherwise. Assessors. Defaulters. Tax executions. Proviso. Sec. 32. That when the assessment authorized by the previous section shall be deemed onerous, the owner or agent of any such real estate, who may be dissatisfied with such assessment, shall have the privilege of making complaint to the said mayor and council, within thirty days after the date of the report of the assessors, and, upon such complaint being made, the assessment complained of shall be immediately referred to three arbitratorsone to be chosen by the mayor and council, one by the party complaining, and the third by the two so chosenwhose award in the matter shall be made within ten days, and shall be conclusive and final. Owners dissatisfiedmay do what. Sec. 33. That all taxes and assessments due the said city shall rank as debts due to the public, whether in the administration of the assets of a decedent or otherwise; and tax executions in favor of said city shall have the same lien on property throughout the State as judgments have by law. Taxes due city. Sec. 34. That the said mayor and council shall have the authority and power to impose and inflict such pains, penalties and forfeitures for violations of the ordinances, by-laws, rules and regulations of the city as shall, in their judgment, be conducive to the interest, good order and government of said city: Provided , That no fine or forfeiture for any offense shall exceed two hundred dollars, and no imprisonment more than

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ninety days; and the offender may be imprisoned in the guardhouse, or made to do public work, as hereinafter provided. Offenders. Sec. 35. That the said mayor and council shall have the authority and power to establish work-houses, and to cause labor and confinement therein, and also on the streets, drains, squares and commons in said city, by all persons, whether white or colored, who shall have been convicted of offenses against the ordinances, by-laws, rules and regulations of the city, or the laws of the State, and so sentenced by the proper tribunal. Work-house Sec. 36. That the said mayor and each alderman shall be vested with the authority and power of a Justice of the Peace, so as to enable them to suppress all riots, breaches of the peace, and commit for violations of the criminal code, within the limits of said city, and to arrest, confine or bind over all offenders against the laws of the State, to answer for such offenses before the proper tribunal. Riots, etc. Sec. 37. That it shall be the duty of the chief marshal of said city, upon notice in writing from the mayor or any member of council, to prosecute all offenses against the laws of the State, committed within the limits of said city, and in case any offense shall be committed in the presence of said marshal, or within his knowledge, it shall be his duty to prosecute the offender without notice. Marshal to prosecute offenders. Sec. 38. That the police court of said city is hereby continued a court of record, and the mayor, or acting mayor, is hereby authorized and empowered to preside in said court, and to hold sessions thereof, as often as to him may appear necessary; and said court shall have cognizance of all offenses against the ordinances, by-laws, rules and regulations of said city, and the laws of this State touching said city, with power to inflict the proper punishment, by fines, imprisonment, labor or other penalty prescribed by such ordinances, by-laws, rules and regulations, from time to time, and to enforce the same by mittimus directed to the chief marshal of the city, or any lawful constable thereof, or to the keeper of the guard-house, when necessary; and the said court shall have power to commit to jail, or the guard-house, any and all persons who may disturb said court during its sittings, or who may, in any manner, be in contempt of its lawful authority; and an appeal may be entered or taken from any judgment or decision of said court, (except a commitment for contempt) to the mayor and aldermen of said city, in council assembled, all costs being first paid, and bond being given to abide the decision of said council, and no certiorari shall ever be allowed or granted until such is entered, and the same is heard and determined by council; and, on the confirmation by council of the judgment or decision of said police court, in whole or in part, no certiorari therefrom shall be allowed until the costs shall have been paid into the treasury of the city, and bond and security

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given for the final condemnation money: Provided , Imprisonment for contempt shall not exceed ten days, and fines for the same shall not exceed twenty-five dollars. Police court Sentences. Appeal. Certiorari. Sec. 39. That the clerk of council, the chief marshal, and all members of the police force of said city, who are hereby declared ex officio constables of said city, shall be officers of said court, and they are hereby authorized to demand and receive for services rendered, or duties performed in said court, such fees and costs for themselves, to be collected from the defendant, if convicted, as may be established by ordinance of said city: Provided , Costs in such cases shall not exceed double the amount allowed constables for similar services under the general laws of this State. Constables. Costs. Sec. 40. That the survey of the town and commons of Brunswick, as heretofore made by William Hughes, Esq., of Liberty county, in accordance with the requirements of an act of the Legislature, approved the 22d day of December, 1857, be, and the same is hereby, again confirmed as constituting the true boundary lines of said town and commons, and a certified copy thereof may be used in evidence in any cases involving the locality of the town and commons of Brunswick: Provided, nevertheless , That nothing in this section shall be construed to affect private rights, already existing, to any lot or lots of land within the corporate limits of said city. Survey confirmed. Sec. 41. That all and every portion of the commons, as defined and dedicated to the use of the public by order of the Colonial Council, on the 16th day of June, 1766, and as recognized by the several acts of the Legislature, passed from time to time, in relation thereto, and as shown and delineated by the resurvey of the said William Hughes, be, and the same are hereby, vested in and again confirmed to the said mayor and council for the sole use and benefit, forever, of the people of said city of Brunswick: Provided, however , That nothing contained in this section shall be so construed as to invalidate or effect any title which may have legally passed with those portions of the said commons, which were actually sold and conveyed by the commissioners, under authority from the Legislature, in pursuance of acts thereof passed in the years 1797 and 1835, or any rights that have vested under any subsequent act of the Legislature, either as to commons or land under water. Commons vested in mayor and council. Proviso. Sec. 42. That the said mayor and council shall have the authority and power to adopt and execute any measures which may appear to them necessary and proper to secure and protect the interests of said city, in all and every portion of said commons, and in all other property thereof; and the said mayor and council shall only have the authority and power to lease said commons on such terms and conditions, and for such periods and considerations, as may seem advantageous and beneficial to said city; but no lease shall exceed a term

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of ninety-nine years, except by the assent of a majority of all the legal voters of said city, which assent shall be ascertained by holding an election for that purpose, after giving twenty days' notice of the time and place of holding such election, in which notice shall also be described the particular location, boundaries and length of time it is proposed to lease such property; and should a majority of all the aforesaid legal voters give their assent to lease such property for a longer period than ninety-nine years, then, and in that event, the said mayor and council shall have the power to grant such lease, but not otherwise; and all revenue derived from the rents or taxes of the said town commons (not including improvements thereon) shall be appropriated, by the city council, in such manner as they may deem expedient and proper to the support of free public schools in said city. Ordinances to protect commons. May be leased. Sec. 43. That all the streets, lanes, alleys, ways and public squares, as at present laid out within the limits of said city, shall be, and the same are hereby, again declared to be vested, in fee simple, in the said mayor and council, for the use and benefit, forever, of the people of the said city of Brunswick; and no privilege heretofore granted by the mayor and council of said city, or which may be hereafter granted, to any railroad corporation, to construct and maintain railways in, on or through any of the streets or commons of said city, shall ever be construed as giving to such corporation an exclusive or perpetual privilege of maintaining such railways in said city; and the said mayor and council shall supervise, regulate and control, wholly and absolutely, all and every railway within the limits of said city, and shall alone determine through what streets railways shall be carried, to what points they shall extend; what shall be the motive-power used, and what shall be the rate of speed on the same; what shall be the gauge or width of said railways within the city, and all other conditions, limitations and restrictions that may be considered necessary to protect the interests of the said city; and the said mayor and council shall have full authority and power to cause any or all said railways to be removed from said streets or commons whenever a majority of all the legal voters of said city, who pay other than a street tax, shall determine, by ballot, or at a special election ordered for that purpose, that the same have become a nuisance or detrimental to the interests of said city. Streets, etc., vested in mayor and council. Railroad companies. Sec. 44. That the said mayor and council shall have the authority and power, upon the recommendation of two-thirds of all the legal voters of said city, by ballot, at a public meeting called for that purpose by the said mayor and council, and two-thirds of said council voting in the affirmative, to subscribe for stock in any railroad or other works of internal improvement, which may be for the interest and advantage of the city of Brunswick, and to issue bonds and pledge the

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property, faith and credit of the city for the payment of such subscriptions. Railroad stock. Sec. 45. That the said mayor and council shall have the authority and power, upon the like recommendation of two-thirds of all the legal voters of said city, and upon a like vote of two-thirds of said council, to loan the credit of the city, by an indorsement of the bonds of any company or association of persons, formed for the purpose of erecting, within the limits of said city, buildings of a substantial and important character, and for engaging in or carrying on any manufacturing or other business or pursuit which may tend to increase the population, wealth or resources of said city: Provided, however , That the said mayor and council shall make no such indorsement upon the bonds of any such company or association, until an amount equal to that of the indorsement asked for shall have been actually and in good faith expended by such company or association, upon such buildings, or in such manufacturing or other business or pursuit: And provided further , That no such indorsement shall be made until a good and sufficient lien shall have been executed and delivered to said mayor and council to indemnify the said city from loss by reason of such indorsement, and all other matters and things done and performed, which may, in the judgment of said mayor and council, be necessary to secure the said city of Brunswick against any loss by reason of said indorsement. Credit of the city. Proviso. Sec. 46. That the clerk of council of said city, or some other officer duly appointed by the said mayor and council for that purpose, shall open a list for the registration of voters, in said city, sixty days immediately preceding each annual election, which list shall be kept open thirty days, when it shall be finally and absolutely closed. Registration list. Sec. 47. That it shall be the duty of such clerk or officer, upon the application in person, and not by proxy, of any person entitled to vote at the ensuing election for mayor and aldermen, and within the time prescribed for the list to be kept open, to register the name of such person, expressing in such regester his name, age, occupation or business, the place of his residence in the city of Brunswick; but no person shall be entitled to registry who shall not have paid all taxes due the city for the year next preceding said election, and which he shall have had an opportunity to pay, or when his continued residence within the limits of said State has not been five months immediately preceding the registration; and the said clerk, or other officer, may, in any case, administer an oath to the applicant touching his right to be registered, and may, if still not satisfied of the right, require the evidence of one or more creditable persons that such applicant is legally entitled to registry. Names to be registered. Sec. 48. That if any person shall knowingly personate and register, or attempt to personate and register, in the name of

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any other person, whether living, dead or fictitious, or fraudulently attempt to register, not having a legal right so to do, or shall do any other unlawful act whatever to secure registration for himself or any other person, or, by any unlawful means whatever, prevent or hinder any person, having a legal right to register, from duly exercising such right, or shall compel or induce, by any unlawful means whatever, the clerk of council, or other officer, to admit to registration any person not legally entitled thereto, or interfere in any manner whatever with the clerk of council, or other officer, in the discharge of his duties, or by any unlawful means whatever induce the clerk of council, or other officer, to violate or refuse to comply with his duty, or the law regulating the same, or if the clerk of council, or other officer, shall knowingly and willfully register as a voter any person not entitled to be registered, or neglect or refuse to perform any duty required of him in relation to such registration, and violate any duty required of him relating to or affecting such registration, or the result thereof, or any document, or evidence in relation thereto; or if any person shall aid, counsel, procure or advise any other person or officer to do any act whatever in violation of the law in relation to said registration, all and every such person or officer shall be held guilty of misdemeanor, and liable to prosecution in the Superior Court of Glynn county, and, on conviction, shall be punished by fine, imprisonment or labor on the public streets of said city, at the discretion of the court. Penalties. Clerkpenalties for breach of duty. Sec. 49. That it shall be the duty of the said clerk of council, or other officer, to arrange and publish, in some newspaper in said city, or by posting in some conspicuous place, at least once a week, from the time of opening such registry list until the day of election, a list of the names so registered, arranged in alphabetical order, and also to affix and keep an alphabetical written or printed list of the names of all registered voters, at the door of the court-house, and at the city hall in said city, for one week immediately preceding the election, but it shall not be necessary to publish in said lists the business place or residence of such voter. Registration lists to be publith'd Sec. 50. That it shall be the duty of the clerk of council, or other officer, to furnish the superintendents presiding at all elections for mayor and aldermen of said city, at the time of opening the polls on the day of said elections, a complete list of all the names, arranged in alphabetical order, which shall have been registered according to the provisions heretofore set forth, together with the occupation or business, and place of residence in said city, certified under the hand of said clerk or other officer, and the seal of the city, which list shall be kept before the said superintendents during such elections, and afterwards deposited by them in the office of said clerk of council, to be safely kept by him. Managers, etc., of electionslists to be furnished to. Sec. 51. That it shall be the duty of the said superintendents to allow no one to vote in said elections unless he be

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qualified to do so under the provisions of this act; and to that end they shall be authorized to administer the following oath or affirmation to any person attempting to vote: You do solemnly swear, or affirm, that you are a citizen of the United States; that you have resided in this State for six months, and within the corporate limits of the city of Brunswick for thirty days immediately preceding this election; that you have been duly registered within the time prescribed by law; that you are twenty-one years of age, and that you have not this day yet voted; so help you God. None may vote unless registered. Oath. Sec. 52. That any person voting, or attempting to vote, at such election, when not qualified to do so under the provisions of this act, shall be guilty of a misdemeanor, and, on conviction before the Superior Court of Glynn county, shall be punished by fine, imprisonment, or labor on the streets of said city, at the discretion of the court. Sec. 53. That the said mayor and council shall have the authority and power, whenever they shall deem it expedient and necessary to the protection and safety of said city, to fix and establish, by ordinance, fire limits within said city, and the same to enlarge, restrict or change, from time to time; and, after determining and declaring what shall constitute a fire-proof building, to prohibit, under the penalties prescribed by this act, the erection of any other than fire-proof buildings within such limits, unless by unanimous consent of said mayor and council, at a regular meeting thereof; and, in the event any person shall, without such permission, erect, or cause to be erected, any other than a fire-proof building within such limits, the said mayor and council shall, after five days' notice given, cause the same to be removed at the expense of the owner of such building. Fire limits. Fire-proof buildings. Sec. 54. That the said mayor and council shall have power to borrow money, and contract loans for the public good, when, in their judgment, it shall be for the interest of said city so to do, and to issue bonds, and pledge the property, faith and credit of the city for the payment of debts so incurred. Loans. Sec. 55. That it shall be the duty of said mayor and council to publish, in some newspaper of said city, or give other public notice of the proceedings of each and every meeting held by them, and no ordinance, resolution, by-law, rule, regulation, or other action of said mayor and council, of a public character, shall be binding until the same has been so published. Proceedings to be published. Sec. 56. That the city council shall secure a just and proper accountability, by requiring bonds, with sufficient penalties and securities, from all persons entrusted with the receipt, custody or disbursement of money, and shall, as often as once a year, cause to be published, for the use of the inhabitants, a particular account of the receipts and expenditures, and a schedule of city property and of the city debts. Public moneybonds from holders.

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Sec. 57. That the salary of the mayor shall be fixed by the city council, and made payable at stated periods; but it, or the salary of any other official of the city, shall not be increased or diminished during the term for which he or they may have been elected or appointed. Mayor's salary. Sec. 58. That all acts and ordinances of the mayor and city council of the city of Brunswick, heretofore passed, and not in conflict with the Constitution of the State of Georgia, or of the United States, are hereby confirmed and made valid. Former ordinances confirmed. Sec. 59. Be it further enacted , That this act shall not go into effect until submitted to a ballot of the legal voters of the city of Brunswick, for ratification or rejection, on the first Monday in October, 1872; the ballots cast in favor of its adoption shall have, written or printed, the words, For Ratification, and those opposed to its adoption, the words Against Ratification. Should the majority of votes cast be for ratification, this act shall be in and of force from that time. Should the majority of votes cast be against ratification, this act shall be null and void. The mayor and council are hereby authorized and required to give due notice of, and to make all necessary regulations for, the election provided for in this section, and to appoint three commissioners to superintend the same. To go into effect when Sec. 60. Repeals conflicting laws. Approved August 27, 1872. (No. 120O. No. 423.) An act to incorporate the town of Butler, in the county of Taylor . Section 1. Be it enacted by the General Assembly of the State of Georgia , That the town of Butler, in the county of Taylor, is hereby incorporated, and the limits of the incorporation shall extend three-quarters of a mile in every direction from the court-house in said town. Incorporated. Sec. 2. That the municipal government of the town of Butler shall consist of a mayor and five aldermen, who are hereby constituted a body corporate, under the name and style of the Mayor and Council of the Town of Butler, and by that name and style shall have perpetual succession, be capable to sue and be sued in any court of law or equity in this State, plead and be impleaded, and to do all other acts relating to their corporate capacity, and shall have power to purchase, acquire, hold, receive, enjoy and possess, and to retain to them and their successors, for the use and benefit of said town, in perpetuity, or for any term of years, any

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estate, real or personal, lands, tenements or hereditaments of what kind or nature soever, either by gift, grant, demise, purchase or otherwise, and may sell, alien, convey or exchange the same, or any part thereof, in any way whatsoever. Mayor and councilgeneral powers of. Sec. 3. That the corporate powers of said town shall be vested in a mayor and five aldermen, who shall be elected on the second Saturday in January of each and every year, except those elected for the year 1872; that said mayor and five aldermen shall hold their offices for one year, or until their successors are elected and qualified, and all citizens residing in the corporate limits of said town, thirty 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. Election for mayor and aldermen. Sec. 4. That a mayor and five aldermen shall be elected within thirty days after the passage of this act, ten days' notice being given of the time and place by the Clerk of the Superior Court; said election shall be held at the court-house in said town; said election shall be held by the Clerk of the Superior Court of said county, and any two freeholders residing in said town, who shall take the same oath that managers of election for members of the General Assembly are required to take; and said election shall be conducted in the same manner that elections for members of the General Assembly are provided for in Irwin's Code of Georgia. First election. Managers. Sec. 5. That the managers of said election shall seal up one list of voters, who voted for mayor, and one tally-sheet, which shall be delivered to the Ordinary of said county, the day after said election, by any one of said managers, and the Ordinary shall, within three days, open the same and declare the person having the highest number of voters duly elected mayor of the town of Butler, and commission him accordingly, unless the election is contested, in which event the person desiring to contest said election shall give his opponent notice, in writing, of the same, and the ground of contest, within two days after said election, and also give the Ordinary notice not to commission the person who claims to be elected mayor. Returns. Contest. Sec. 6. That the managers of said election shall also seal up one list of voters, who voted for aldermen, together with one tally-sheet, which any one of said managers shall deliver to the Ordinary of said county, the day after the election, and the Ordinary shall, within three days, open the same, and declare the five persons having the highest number of votes duly elected aldermen of the town of Butler, and commission them accordingly, unless said election is contested; in that event, the same proceedings shall be had as in the case of contested elections of the mayor of the town of Butler. Who shall be declared elected aldermen. Sec. 7. That the Ordinary of Taylor county shall decide all contested elections for mayor or aldermen of the town of Butler; the same shall be heard and passed upon within

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twenty days after the election, under such rules as the Ordinary may prescribe for the taking of evidence, and so forth; both parties shall have five days' notice of the time when said contested election shall be decided, and the decision of the Ordinary shall be final, and the Ordinary, after hearing all the evidence, and deciding who was elected, shall commission the person accordingly. Contested elections. Sec. 8. That illegal voting at any election held in the town of Butler, for mayor or aldermen, shall be punished in the same manner as illegal voting at an election for members of the General Assembly. Illegal voting. Sec. 9. That no person shall be eligible to the office of mayor or alderman of the town of Butler, who does not reside within the corporate limits of said town, and who is not eligible to a seat in the lower house of the General Assembly of the State of Georgia. Eligibility. Sec. 10. That, at all meetings of mayor and aldermen, the mayor shall preside if present; if not, any one of said aldermen that may be selected for that purpose, and the mayor and three aldermen, or the mayor pro tem . and three aldermen, shall constitute a quorum for the transaction of any business, and the mayor, or mayor pro tem ., shall, in no event, vote, unless there is a tie; then he shall have the casting vote; a majority of the votes shall determine all questions and elections, and the mayor shall be ex-officio Justice of the Peace, with criminal jurisdiction only for offenses committed within the corporate limits of said town, for purposes of commitment and bail, as Justices of the Peace now have authority under the laws of this State. Quorum. Mayor ex officio J. P. Sec. 11. That the mayor and aldermen of the town of Butler shall have full power and authority to enact and promulgate all laws and ordinances, as to them may seem proper, for the government of said town; to remove pests and nuisances, and to perform all other acts necessary and proper to carry out the provisions of this act, and all contracts in their corporate capacity, which they may deem necessary for the welfare of said town: Provided , None of said laws or ordinances conflict with the Constitution and laws of the State of Georgia and of the United States. Ordinances, by-laws, etc. Sec. 12. That the mayor, and, in his absence, any two of the aldermen of said town, shall have full power and authority to hold a court for the trial of offenders against all or any of the laws or ordinances of said town, and to punish for each and every violation thereof, within the corporate limits of said town, by a fine, not to exceed one hundred dollars, or by imprisonment in the common jail of said county, not exceeding thirty days, or by working on the public streets of said town thirty days, and any one or more of these punishments may be ordered, in the discretion of the mayor or aldermen trying the case. Moyor's court.

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Sec. 13. That the mayor and aldermen of said town shall have the privilege and power to grant license to sell, by wholesale or retail, spirituous or malt liquors, within the corporate limits of said town, and no person shall sell any spirituous or malt liquors within the corporate limits of said town, without first obtaining such license: Provided , The license for retailing spirituous or malt liquors, in said town, shall not exceed the sum of one hundred dollars, and license for wholesaling said liquors shall not exceed the sum of fifty dollars; and said mayor and aldermen shall have power and authority to levy a tax upon all billiard tables, kept or used for the purpose of playing on, or renting, and all ten-pin alleys, or alleys of any kind, which are kept for the purpose of playing on, or renting: Provided , The tax does not exceed that now imposed by law on such tables or alleys; and the mayor and aldermen shall have power and authority to levy and collect a tax from all itinerant show-masters, who may exhibit, in said town, any show, circus, riding or tumbling, sleight-of-hand, trick of legerdemain, or any theatrical exhibition coming under this description: Provided , Said tax does not exceed that now imposed by law on such shows. Licenses. Billiard tables, etc., taxed. Shows, etc. Sec. 14. That said mayor and aldermen, before they enter upon the duties of their respective offices, shall, before the Ordinary of said county, or some other officer authorized to administer an oath, 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 aldermen of the town of Butler, during my continuance in office; so help me God. Oath of office. Sec. 15. That the mayor and aldermen shall, as soon as convenient after being qualified, proceed to elect, by ballot, a marshal, and, if they deem it necessary, a deputy marshal, clerk of council and treasurer, and any other officer they may deem necessary for the government of said town, each of whom, unless removed, shall remain in office one year, or until their successors are elected and qualified, and shall take and subscribe, before entering upon the duties of their respective offices, such oath as the mayor and aldermen may prescribe; that said mayor and aldermen shall have full power to remove from office, or to punish by fine, not exceeding one hundred dollars or both, any officer elected by them, for any neglect, malpractice in or abuse of said office. Officers. Oath of. Sec. 16. That, in case the mayor, or any alderman, while in office, shall be guilty of any willful neglect, malpractice in or abuse of said office, he, or they, shall be liable to be indicted before the Superior Court of Taylor county, and, on conviction thereof, shall be fined in a sum not exceeding five hundred dollars for each and every offense, or imprisonment in the common jail of said county not exceeding six months, or both, and, also, be removed from office by the Judge of the

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Superior Court, at the same term at which he or they are tried and convicted, and all such fines shall be collected and paid over to the treasurer of said town for the use of said town. Malpractice in office. Sec. 17. That if the office of mayor shall become vacant by death, resignation, or otherwise, the aldermen of said town shall fill said vacancy by the election of one of said aldermen for mayor, to fill the unexpired term, who shall, before entering upon the duties of said office, take and subscribe the oath prescribed for mayor. Vacancy in office of mayor. Sec. 18. That if the office of any one of the aldermen of said town shall become vacant, by death, resignation, or otherwise, the mayor shall appoint some one to fill the unexpired term, who, before entering upon the duties of his office, shall taken and subscribe the oath prescribed for aldermen of said town. In office of alderman. Sec. 19. That all elections held in said town, for mayor and aldermen, shall be held under the same rules and regulations that are prescribed in sections four, five and six of this act, for holding an election for mayor and aldermen to serve for the year 1872. Elections. Sec. 20. That in case there should be, at any time, a failure to elect a mayor and aldermen of said town, as provided for in this act, the Ordinary of Taylor county shall order an election, and give ten days' notice of the same, which election shall be held in the same manner as pointed out by this act, for the regular election for mayor and aldermen of said town. Special elections. Sec. 21. That all warrants issued by the mayor of said town, against any person charged with a crime against the laws of this State, shall be directed to the marshal of said town, and to any Sheriff, deputy sheriff, coroner or constable of said State. Marshal to execute warrants. Sec. 22. That all fines imposed on any offender against the laws and ordinances of said town, under this act, shall be collected by imprisonment of the offender in the common jail of said county, or by execution against said offender, which execution shall be issued by the clerk of the court trying the offender, and in favor of said town of Butler, and shall bear test in the name of the mayor, and shall be directed to the marshal of said town, and all, and singular, the Sheriffs of said State, and all executions issued under the provisions of this act shall be of the same dignity and rank as executions from any of the courts of this State. Fines. Sec. 23. That the mayor and aldermen shall have power to fix and regulate the salaries of each and every officer they may elect, which salary shall not be increased or diminished during their continuance in office. Salaries of officers. Sec. 24. 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 mayor pro tem. Expenditures.

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Sec. 25. That the mayor and aldermen of said town shall have power and authority to impose and levy such taxes upon all property, real and personal, within the corporate limits of said town, as they shall deem necessary for the support and government of said town: Provided , The said tax does not exceed one-half of one per cent. Sec. 26. 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 by an 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 such purpose, at such time as the mayor and aldermen may limit, of all taxable property in said town, held in their own right, or in the right of any other person; and in case any person or persons shall refuse or fail to make such returns, or shall make any return deemed incorrect by the mayor and aldermen, the said mayor and aldermen may assess the property of such person or persons, and fix such value as they may deem correct and just, and all taxes and fines levied and imposed by the 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, bearing test in the name of the mayor, against the estate, both real and personal, of such defaulter, and directed to the marshal, and shall be levied by the marshal, or deputy marshal, on any property of said defaulter, and the marshal or deputy marshal of said town shall sell such property in the manner hereinafter directed. [Illegible Text] Sec. 27. That all sales made by the marshal or deputy marshal of said town of any property, real or personal, under any execution issued by the clerk of council for any taxes, or by the clerk of the mayor or aldermen's court, for any fines or forfeiture of recognizance or bonds, shall be made at the same time and conducted in the same manner that Sheriffs' sales are, and the deed of the marshal, or his successors in office, made in accordance with such sales, shall be as effectual to pass the title to such property to the purchaser thereof as the deed of the defendant in such executions. [Illegible Text] Sec. 28. That upon the failure to appear of any principal in any bond or recognizance given by a person charged with a penal offense, or by a prosecutor to prosecute, or by a witness to appear and testify at any court held by the mayor or aldermen of said town, such bond or recognizance shall be forfeited before said mayor or aldermen, at any regular term of court, in the same manner as provided for in Irwin's Code; and the Clerk of said court shall issue execution in accordance with the judgment of said court, which execution shall bear test in the name of the mayor of said town, and in favor of the town of Butler; such execution shall be of the same dignity and rank as executions from any court of this State. [Illegible Text]

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Sec. 29. That the mayor, upon the trial or examination of any offender against the laws of this State, or laws 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 tests in the name of the mayor, or other officers acting pro tem. , instead of said mayor, and be served by the marshal or deputy marshal. Writs, subp[UNK]nas, etc. Sec. 30. That the costs for issuing, serving and executing all warrants, processes, writs and subp[UNK]nas authorized by this act, for the violation of any of the laws of this State, and laws or ordinances 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 laws or ordinances. Costs. Sec. 31. That the 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 this State, or the laws or ordinances of said town; and in case any citizen shall refuse to render such aid, he shall be liable to such fine as the mayor and aldermen may impose, not exceeding twenty-five dollars, or imprisonment in the common jail of Taylor county ten days, or both. Marshalpower of as to arrest. Sec. 32. That it shall be the duty of the jailer of said county of Taylor to receive, confine and safely keep, within the common jail of said county, all prisoners committed under the authority of this act, under the like penalties, and subject to the same action, as in the case of prisoners committed under authority of this State: Provided , That the town of Butler shall be liable for all jail fees for any prisoner committed by the mayor and aldermen of said town, except the jail fees of such prisoners as are committed to await trial at the Superior Court of said county. County jailer. Sec. 33. That the mayor of said town shall receive for his services such sum, per annum, as may be fixed by the aldermen of said town: Provided , The said salary does not exceed the sum of two hundred and fifty dollars, which shall not be increased or diminished during his continuance in office. Mayor's salary. Sec. 34. 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 to and tried in

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the first Justice's Court, or Superior Court having jurisdiction thereof, as the case may be. Claims. Sec. 35. Repeals conflicting laws. Approved August 27, 1872. (No. 121O. No. 88.) An act to amend and alter and add to the several acts incorporating the town of Calhoun. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the chairman of the town council of Calhoun be, and he is hereby, allowed a salary, in the discretion of the town council, not to exceed one hundred dollars annually, as compensation for the duties now imposed upon him by law, which salary is to be paid out of the treasury of said town in quarterly installments of equal amounts. Chairman councilary of. Sec. 2. Be it further enacted , That the offices of secretary and treasurer be divided, and each be filled by separate and distinct individuals, to be controlled by the same law and restrictions as now exist with reference to the office of secretary and treasurer. Offices ided. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 122O. No. 266.) An act to incorporate the town of Carnesville, in Franklin county; to provide for commissioners for the same; to define their powers and duties; to repeal all former laws incorporating said town, and for other purposes. Section 1. Be it enacted , That, from and after the passage of this act, the town of Carnesville, in the county of Franklin, be, and the same is hereby, incorporated, under the name and style of the town of Carnesville, and that the corporate limits of said town shall extend one-half mile, in every direction, from the court-house; and E. M. Cobb, H. D. Aderhold, C. T. Rogers, M. C. W. Alston, and Wm. A. Manly, who were chosen intendant and commissioners at last annual election, under the law of incorporation of 1859, be, and they are hereby, appointed commissioners for said town, who shall

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hold their office until the first Saturday in January, 1873, and until their successors are elected and qualified. [Illegible Text] [Illegible Text] [Illegible Text] Sec. 2. Be it further enacted , That on the first Saturday in January, 1873, and on the first Saturday in January in each year thereafter, an election shall be held, in the court-house, for intendant and four commissioners, at which election all persons qualified to vote for members of the Legislature, and who reside within the corporate limits of said town, shall be entitled to vote; said election shall be held by any two freeholders of said town; the persons receiving the greatest number of votes shall be declared elected for one year; if the election, provided for herein, be not held at the time specified, it may be held at any other time, upon ten days' notice in writing being posted at the court-house door, signed by any two or more citizens of said town, and such election shall be valid, and the persons elected thereat shall hold their office until the first Saturday in January next thereafter. Annual elections. Managers. Sec. 3. Be it further enacted , That said intendant and commissioners shall have full power and authority to provide for the working of the streets and the public square, and for abating all nuisances within said town, and to levy and collect a tax, not to exceed one-fourth of the State tax, on all property within said town for the purpose of working and keeping in repair the public square, streets and walks, providing horseracks, and to defray such other necessary expenses as the intendant and commissioners may deem expedient for the benefit of said town; that said intendant and commissioners shall have power, whenever it is necessary, to call out all persons within the corporate limits of said town, who are liable to do road duty under the laws of this State, to work on the streets of said town, not to exceed five days at any one time, nor more than fifteen days in the year: Provided , Any person so called may pay the sum of three dollars into the treasury of said town in lieu of such street labor. Intendant and commissioners. May levy tax. Streets may be workedhow. Sec. 4. Be it further enacted , That said intendant and commissioners shall have exclusive control over the retailing of spirituous liquors in said town, to grant license therefor, and to fix the rates thereof: Provided , Said license shall not be less than fifty dollars, nor more than five hundred dollars per annum. Spirituous liquors. Sec. 5. Be it further enacted , That said intendant and commissioners shall have full power and authority to make and enforce all ordinances or by-laws, which they may deem necessary for the purpose of maintaining good order, peace, health and decency in said town: Provided , Said ordinances or by-laws are not inconsistent with the Constitution and laws of this State, nor of the United States. Ordinances and by-laws Sec. 6. Be it further enacted , That the said intendant and commissioners shall have power to fine for a violation of the ordinances of said town, not to exceed twenty-five dollars, and to imprison not to exceed ten days. Violation of ordinances.

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Sec. 7. Be it further enacted , That said intendant and commissioners shall have power to tax all shows or exhibitions, and itinerant traders, and the means of enforcing all taxes, of every character imposed by said town, shall be the same as those provided by law for collection of taxes by the Tax Receivers and Collectors of this State. Shows and [Illegible Text]. Sec. 8. Be it further enacted , That there shall be a marshal in said town, elected or appointed by the intendant and commissioners, whose term of office shall be the same as the commissioners, whose duty shall be to enforce and execute all such ordinances, by-laws, processes or orders as he shall be required to execute by said intendant and commissioners; he shall receive such compensation for his services as shall be awarded to him by the commissioners, and he shall be subject to be removed, superseded or punished for disobedience of orders or other misconduct. [Illegible Text] [Illegible Text] Sec. 9. Be it further enacted , That all vacancies which may occur in the board of intendant and commissioners shall be filled by election, after ten days' notice, as provided in this act. [Illegible Text]. Sec. 10. Be it further enacted , That said intendant and commissioners shall have power to appoint a clerk and treasurer, and to allow them such reasonable compensation as they think proper. Clerk and [Illegible Text]. Sec. 11. Be it further enacted , That the intendant of said town shall be ex-officio a Justice of the Peace within the corporate limits of said town, so as to have authority to issue penal warrants for the arrest of offenders against the criminal laws of this State, and to hold courts of inquiry, and to bind over or commit such offenders. [Illegible Text]. Sec. 12. Be it further enacted , That the intendant and commissioners shall have power to open, to straighten or to widen all streets, alleys and walks that they may deem necessary for the benefit of the town, and to establish such rules and regulations as they see fit for the protection of the churches, graveyards and all public and private property in said town, and for the peace and comfort of the citizens. [Illegible Text]. Sec. 13. Be it further enacted , That the marshal shall have full power to arrest all offenders against the ordinances of the town, provided he take offender, as soon as possible, before the intendant and commissioners; and in the discharge of his official duties, said marshal shall have power to summon to his aid any of the citizens of said town as a posse . [Illegible Text]. Sec. 14. Be it further enacted , That said town authorities shall have permission to use the county jail as a town prison, until they shall provide a prison of their own. [Illegible Text] jail. Sec. 15. Be it further enacted , That all laws heretofore passed incorporating the town of Carnesville, and all other laws inconsistent with the provisions of this act, be, and the same are hereby, repealed. Approved August 24, 1872.

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(No. 123O. No. 437.) An act to consolidate, amend and supersede the several acts incorporating the town of Carrollton, in the county of Carroll, and to grant certain privileges to the same. Section 1. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this act, the following shall be taken and received as the charter of the town of Carrollton, Carroll county, Georgia: Charter. Sec. 2. That the corporate limits of said town shall extend one mile in every direction from the court-house. Limits. Sec. 3. That the municipal government of said town of Carrollton shall be vested in a mayor and four councilmen, to be elected as hereinafter prescribed; that they and their successors in office are hereby constituted a body corporate, under the name and style of Mayor and Council of Carrollton; that they shall have perpetual succession, shall have a common seal, be capable in law and equity to purchase, have, hold, receive, enjoy and retain to them and their successors, for the use and benefit of said town, any estates, real or personal, of whatever kind or nature, and shall, by said name, be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all the powers, rights and liabilities of the present corporation of said town. Mayor and council. Corporate name. General powers. Sec. 4. That the mayor and councilmen shall be bona fide residents of said town, whose first election, under this act, shall be held in the court-house, in said town, on the first Saturday in October, in 1872, and annually thereafter, and they shall hold office for one year, or until their successors are elected and qualified. All elections under this act, for mayor and councilmen, shall be held at the court-house, in said town, by three freeholders, who are not candidates for said offices, to be appointed by the Ordinary of Carroll county, and in case of failure upon his part so to do, then the Clerk of the Superior Court of said county shall make said appointment, and in case both of said officers shall fail to make said appointment, then any three freeholders, bona fide residents of said town, and not candidates for said offices, may hold said election; and said election, by whomsoever held, shall be held in the manner prescribed by the Code of Georgia for members of the General Assembly, and the candidates having a majority of the votes cast shall receive certificates of election from the managers, to the offices for which they were, severally, candidates, and, before entering upon the duties of their offices, shall make oath or affirmation, before the Ordinary of Carroll county, well and truly to execute the laws and ordinances of the town of Carrollton. Annual election. Sec. 5. That all male persons twenty-one years of age, living within the incorporate limits of said town, who shall have

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been bona fide residents of said town for thirty days preceding the election, who shall have paid all municipal taxes and fines which shall have been levied upon them, and shall have registered as voters, as hereinafter provided, shall be allowed to vote for mayor and councilmen of said town; and any person presenting himself for registration may be required to make oath or affirmation of the above facts; and for falsely so doing, or for illegally voting, he may be punished in the manner prescribed by the ordinances of said town. Who may vote. Sec. 6. That immediately after the passage of this act, it shall be the duty of the clerk of the present board of commissioners of said town to open a book of registration, and keep it open up to and including the day of said first election, in which all persons entitled, under this act, to vote for mayor and councilmen of said town, shall be permitted to register their names; and all persons who fail or refuse to register their names shall not be permitted to vote for mayor and councilmen of the said town of Carrollton. At the first election under this act, and annually thereafter, it shall be the duty of the clerk of the council to open, days before the annual election for mayor and council, a book of registration, and keep it open up to and including the day of said election, in which all persons entitled, under this act, to vote at said election, can register their names as voters, and those so entitled, and so registered, and no others, shall be permitted to vote at said election. Registration. Sec. 7. That the said mayor and council of the town of Carrollton shall have the right and power to pass all ordinances, and to enforce the same, necessary to carry into effect this charter, or any part thereof, or that shall be necessary to suppress vice and immorality of every kind within the corporate limits of said town, or that may be necessary to foster virtue and intelligence in said town, or that the health, peace, quiet, order, well-being, good name and prosperity of said town may demand: Provided , That said ordinances be not in conflict with the laws and Constitution of this State, or with the Constitution of the United States. May pass ordinances. May suppress vice. Sec. 8. That the said mayor and council shall have the power to elect, from the citizens of said town, a clerk, a treasurer, a marshal, and such other officers as may be necessary to carry the charter and ordinances into effect, to prescribe their oaths, bonds, duties, fees and other compensation, and to remove them from said offices for neglect of duty, or other misbehavior, but such officers, unless sooner removed, or they resign, shall remain in office until their successors are elected and qualified; all officers of the corporation shall be bona fide citizens of said town, and for one to move away from said town will be equivalent to resigning his office; and, in case a vacancy shall occur in the offices of either mayor or council of said town, said vacancy shall be filled by election, as hereinbefore

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provided, by giving ten days' notice of the day upon which said election is to be held, and in no case shall the mayor and council permit the corporation to be without a clerk, a treasurer and a marshal, but they may, at their discretion, consolidate two or more of said offices. Officers. Sec. 9. That the said mayor and council shall have power to abate and remove nuisances at the proper cost of the person causing the same, and to remove obstructions from the streets, lanes and alleys, at the cost of the person causing the same; to keep the streets, lanes and alleys in good order; to open new streets, lanes and alleys within the corporate limits of said townthe damage to private property caused thereby being ascertained by arbitration, and paid out of the town treasury. Nuisances. Sec. 10. That the regular meetings of the council shall be prescribed in a special ordinance; that called meetings may be held at any time, proper notice thereof being given to all concerned; that the mayor, when present, shall preside; that the mayor and two councilmen, or, in the absence of the mayor, three councilmen, one of whom shall preside, shall be a quorum for the transaction of business. Councilregular meeting of. Sec. 11. That the mayor and council of said town shall have full power and authority to levy and collect a tax upon all species of property, real and personal, within the limits of said town; upon banking, insurance and all other capital employed in said town; upon factors, brokers, auctioneers and all professions, (when counties and corporations are not prohibited, by the laws of this State, from levying a tax;) upon billiard tables, ten-pin alleys, and all other games of a similar kind; upon all concerts, shows and exhibitions for gain; and shall have the power to prescribe by ordinance the time when, and the manner in which, as well as the officer to whom all taxable property in said town shall be returned by the owners thereof; how fraudulent returns shall be corrected, and how the collection of taxes shall be enforced: Provided , That the rate of taxation on real and personal estate shall not exceed two-fifths of one per cent. of the returned or corrected value; and, in case any owner of taxable property shall fail or refuse to make return thereof, then said property shall be assessed, as prescribed by ordinance, and the tax levied and collected on said assessed value. Town tax. Sec. 12. That the said mayor and council shall have full authority to grant to applicants license to sell by retail spirituous liquors, and fix the fees for the same, in said town; and the person or persons receiving said license shall not be allowed, under it, to sell liquor by retail in more than one house, and shall give bond and security, in such sum as the ordinances of said town may prescribe, to the mayor of said town, and his successors in office, conditioned that he will

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comply strictly with the ordinances of said town regulating the sale of spirituous liquors therein. Liquor license. Sec. 13. That the mayor of said town, or, in his absence, any councilman, may hold a police court for the trial and punishment of all violations of the ordinances, by-laws, rules and regulations of said townthe punishment inflicted by said court not to exceed twenty-five dollars fine, or imprisonment ten days, or labor on the streets of said town ten days, and, in addition thereto, all costs of proceedings; said court shall have power to punish by fine or imprisonment persons guilty of contempt of said court, and to imprison any and all persons who may be convicted of offenses under this act, or ordinances passed in pursuance thereof, when the penalty is imprisonment, and, when the penalty is fine, to imprison until costs of suit are paid, or they are otherwise discharged according to law. Police court Sec. 14. That the mayor of said town shall be ex-officio a Justice of the Peace, and shall have cognizance of all offenses committed within the corporate limits of said town against the penal laws of this State, with full power to commit the offenders to the common jail of the county, or to bail them, if the offense be bailable, to appear at the next Superior Court of said county, and any member of the council, acting instead of the mayor, shall be clothed with all the rights, powers and duties of the mayor, and his rulings and decisions shall have the same effect and validity as if rendered by the mayor. Mayor ex officio J.P. Sec. 15. That the mayor and council of said town shall have power to enact all ordinances necessary to compel persons liable to road duty, under the laws of this State, and residing in said town, to work an equal number of days upon the streets of said town, as they are now required to work upon the public roads, or, in lieu thereof, to pay such commutation, in money, as may be prescribed by said council, and such persons shall not be liable to road duty outside said incorporation. Streetswork on. Sec. 16. That in the arrest of any person for violating any of the ordinances, rules, by-laws and regulations of said town, or for violating any of the penal laws of this State, within the limits of said town, the marshal of said town has full power to summon any number of the male residents, of military age, in said town, to aid him in the execution of his duties, and any person so summoned, who shall fail or refuse to assist the marshal as required, shall be punished as the ordinances of said town prescribe. Offenders. Sec. 17. That the mayor of said town shall have power, at any time he may think necessary, to appoint a sufficient number of the male residents of said town, who shall be sworn to a strict performance of duty, to act as a special police, and subject to the order of the marshal of said town, and any person so appointed and sworn, who shall fail or refuse to obey the

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summons of said marshal, shall be punished as the ordinances of said town may prescribe. Special police. Sec. 18. That the mayor and council shall, by ordinance, prescribe the fees and other compensation of all municipal officers of said town. Fees. Sec. 19. Repeals conflicting laws. Approved August 20, 1872. (No. 124O. No. 406.) An act to incorporate the city of Cartersville; to provide for its government, define its powers, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That the present town of Cartersville, in the county of Bartow, shall be, and it is hereby, incorporated as a city, and shall be known as the city of Cartersville. Name. Sec. 2. And be it further enacted , That the corporate powers of said city shall be vested in a mayor and aldermen, who shall be elected on the second Wednesday of September next, and the second Wednesday of September of each year thereafter, and shall hold their offices for one year, and until their successors are elected and qualified, and all persons resident within the corporate limits of said city, who are qualified to vote for members of the General Assembly, shall be entitled to vote at said election. Mayor and aldermen. Who may vote for. Sec. 3. Be it further enacted , That the present board of commissioners shall appoint two or more citizens of said city to preside over and conduct the first election under this act, and for all subsequent elections in said city, the mayor and aldermen shall appoint two or more citizens of said city to preside over and conduct the elections, and the persons so presiding, at any election, shall publicly declare the result of any election held by them, and certify the result to the authorities appointing them, and shall give their certificates of election to the persons elected, and the persons having the highest number of votes shall be entitled to such certificate. First election. Sec. 4. And be it further enacted , That said mayor and aldermen, before entering on the duties of their respective offices, shall take an oath well and truly to discharge the duties of the offices to which they have been electedwhich oath shall be administered to them by any officer of this State authorized to administer oaths. Oath. Sec. 5. And be it further enacted , That said mayor and aldermen shall, each of them, be ex-officio Justice of the Peace, within the corporate limits of said city, so far as to authorize them, and each of them, to issue warrants for offenses committed

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within the limits of said city, against the laws of said city and said State, and bail and commit offenders according to law; and all warrants issued by either of them shall be directed to the marshal of said city, and all, and singular, the Sheriffs and constables of this State; and it shall be the duty of said officers faithfully and promptly to execute said warrants, and said marshal shall have the same authority to execute warrants, within the limits of said city, as now belongs to the office of Sheriff. Ex officio Justices of the Peace. Marshal. Sec. 6. Be it further enacted , That said mayor and aldermen shall have power to remove nuisances, whether the same be in the streets or on the lots of individuals or incorporate companies or institutions; to remove obstructions upon the public streets; to build a market-house, and to establish a market, and to pass such ordinances in relation thereto as they may deem proper; to license billiard tables and ten-pin alleys, livery stables and eating saloons, upon such terms as they may deem proper, and to suppress or renew the same when they shall deem it proper, and to punish by fine or imprisonment, or both, at their discretion, all persons who shall have or keep the same for public use or amusement, without first obtaining license; said mayor and aldermen shall have the sole and exclusive right of granting licenses to retail spirituous or fermented liquors of every kind and sort, within the limits of said city, and of fixing the rate of such licenses, and the terms upon which they shall issue, and of punishing by fine or imprisonment, or both, all persons who shall retail spirituous or fermented liquors, within the limits of said city, without first obtaining license. Nuisances. Markethouse. Licenses. Spirituous liquors. Sec. 7. And be it further enacted , That said mayor and aldermen shall have power to tax or license, or both, all insurance, banking or railroad companies, and their agents doing business within said city, and all persons practicing law, medicine, dentistry, and all persons carrying on business of ambrotyping or picture-making in any of its branches, and to prescribe and enforce such penalties as they shall deem proper for failure to comply with their regulations relating to either kind of business. Powers of corporation to tax. Sec. 8. That said mayor, or, in his absence, any one or more of the aldermen, may, at any time, hold a court for the trial of offenders against the laws and ordinances of said city, and may punish for any violation of either, by fine not exceeding one hundred dollars, or by imprisonment not exceeding ninety days, or both. Mayor's court. Sec. 9. That said mayor and aldermen shall be a body corporate, and as such, they and their successors may be sued and sue, plead and be impleaded, and hold real and personal estate for the use of the said city, and to sell and dispose of the same, and to borrow money and contract for city improvements and repairs. Rights and privileges.

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Sec. 10. That if vacancies shall occur in the board, the same shall be filled by an election ordered by the remaining members of the board, and the person so elected shall hold office as long as his predecessor would have held the same if said vacancy had not occurred. Vacancies. Sec. 11. That said mayor and aldermen shall have power to pass all laws and ordinances that they may consider necessary to the peace and good order, health, prosperity, comfort and security of said city and the citizens thereof, not inconsistent with the Constitution and laws of this State, and the United States, and all the rights, powers and authority that are now vested in the commissioners of the town of Cartersville shall be vested in the mayor and aldermen of said city of Cartersville. Laws and ordinances. Sec. 12. That, in addition to the power of taxation already conferred on the commissioners of the town of Cartersville, and said city, said mayor and aldermen may assess, levy and collect, in such way, mode and manner, by assessors or otherwise, a tax on all notes, accounts, claims and evidences of debt, held, possessed, kept or owned within the corporate limits of said city, and the tax so assessed, and that assessed on all other kinds of property, both real, personal and mixed, shall not exceed one per centum per annum. Notes, etc., taxable. Sec. 13. That said mayor and aldermen shall have power to organize and equip such fire department as they may deem necessary, and also to provide a sufficient supply of water for said city, in such way and manner as they shall deem for the interest of said city, and to levy and collect, in the manner already authorized for such taxes, as may be proper for such purposes. Fire department. Sec. 14. That said mayor and aldermen may subscribe to the capital stock of a railroad to be built from said city to, or in the direction of, the State line, near Ducktown, and also a railroad to be built from said city to Gainesville, in said State, such amounts as they deem for the interest of said citynot to exceed in the aggregate over two hundred and fifty thousand dollarsand to borrow money and issue bonds to meet said subscriptions, and to assess, levy and collect (as authorized by the laws governing said city) a sufficient tax to meet their engagements, to pay the interest on any bonds they may issue, and to provide for the redemption of their bonds and obligations at maturity; and may, in like manner, aid in the building up and endowment of such schools and institutions of learning as they may think propernot to exceed in the aggregate thirty thousand dollarsbut no money shall be borrowed or bonds issued for either of said purposes until the questions of borrowing money or issuing bonds for said purposes shall be submitted to a vote of the people of said city, in an election to be had for that purpose, after giving twenty days' notice of said election, and the particular matter to be

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voted on, and it shall require a majority of all the votes cast to authorize the said borrowing of money or the issuing of said bonds. Mayor and aldermen may subscribe to certain railroads. May levy tax. Schools. Sec. 15. That the present commissioners of said town shall lay off and divide said city into four wards, and each ward shall be entitled to two aldermenall of whom, and as well the mayor of said city, to be elected by general ticketsall voters voting for such candidates, not exceeding eight aldermen and a mayor, as they desire. Wards. Sec. 16. That said commissioners shall have power and authority to require, as precedent to the right to vote at the first election under this act, and said mayor and aldermen shall have power and authority to require, as precedent to the right to vote at any and all subsequent elections in said city, a registration of all persons entitled to vote in said city, and to prescribe such rules and regulations for such registry as they may deem advisable, and no person, not registered in accordance with such rules and regulations, shall be allowed to vote in said elections: Provided , Such rules are not in conflict with the Constitution and laws of Georgia. Registration. Sec. 17. That a majority, in number, of said mayor and aldermen shall constitute a quorum, and, in the absence of the mayor, a quorum shall elect one of their number to preside as mayor pro tem. Quorum. Sec. 18. Repeals conflicting laws. Approved August 27, 1872. (No. 125O. No. 253.) An act to confer additional powers upon the corporate authorities of the town of Clarkesville, in the county of Habersham, and otherwise to amend the charter of said town. Section 1. The General Assembly do enact as follows , That the ad valorem tax now allowed by law to be ordered by the council shall be assessed upon all the property, real and personal, of every character, within the limits of the corporation, that is now subject to taxation by the laws of this State, and may extend to the raising of any sum necessary, in their judgment, for the good of the town: Provided , Said tax shall not exceed four-tenths (4-10) of one per cent. upon the value of the property taxed. Advalorem tax. Sec. 2. That the council shall appoint a tax receiver, who may be one of their number, and to whom they may allow the fees now allowed by law to County Tax Receivers for the like services; said receiver shall hold until his successor is

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appointed; before entering on his duties, he shall take the oath prescribed by section 921 of the Code, the word corporation being substituted for the word county therein; it is his duty to receive all returns of taxes within the time and in the manner herein prescribed; he shall give ten days' notice in writing, at the court-house door, of the times and places at which he will attend for the purpose of receiving tax returns, at which times and places all persons liable to pay taxes shall appear and make return; he also shall keep a digest of returns; the like notice, as above, shall be given by the marshal, as collector, who shall proceed forthwith to levy and sell, whenever payment is not made by the first day of October in each year; the following oath shall be administered by the receiver to every tax-payer: You do solemnly swear (or affirm) that the account you now give is a just and true return of all the taxable property, including solvent notes, bonds, open accounts, or other obligations for money which you were possessed of, held or claimed within the limits of the corporation of the town of Clarkesville, on the first day of April last, or were interested in, or entitled to, either in your own right, or in the right of any other person or persons whomsoever, as parent, guardian, executor, administrator, agent or trustee, and that the value you have affixed to said property is a just, true and fair market valuation of the same, to the best of your knowledge and belief; so help you God. If any person liable to taxation shall refuse to make a return when required by the receiver to make the same according to law, the receiver himself shall proceed at once to make the assessment; from such assessment the tax-payers may appeal to the council, who, after determining the sum due by the tax-payers, may, in their discretion, double the same by way of penalty, and the decision of the council shall be final. Tax receiver. Oath of. Defaulting tax-payers. Oath of. Refusal to make returns. Sec. 3. That application for license to retail spirituous liquors, within the limits of the corporation, shall be made to the town council; the fee for such license shall be one hundred dollars for twelve months, or one-fourth of that sum quarterly; this provision, as to fees for retail license, shall obtain until the next regular election for the members of the council, and thereafter, unless changed by the vote of a majority of the voters of the town, by which vote the fee may be changed to any sum not less than the charge for the county license, or more than two hundred dollars; for the several licenses enumerated in section 564 of the Code, and for license to keep a billiard table, ten-pin alley, or other place of amusement for gain, the corporation charge shall be fixed by the council, but shall not exceed the county charge now prescribed by law, when there is such charge; the provisions of the following sections of the Code, namely: 566 and 567, and from 830 to 838, both inclusive, so far as the same are applicable, and are not modified hereby, shall be held to apply to said town and

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its citizens, its corporate authorities and those acting under their appointment. License to retail spirituous liquors Certain sections of Code to apply to. Sec. 4. Be it further enacted , That nothing in the act of incorporation, or of the acts amendatory thereof, shall be construed to cast upon the corporation the burden of building or repairing any bridge over the Saque river, nor shall the limits of the corporation extend to any point beyond the remote bank of said river. Bridge over Saque river. Sec. 5. And be it further enacted , That none of the provisions of this act that authorize the assessment or collections of taxes, in said town, shall obtain, or be of any force whatever, unless at election, to be held by the qualified voters of said town, the question of taxation, or no taxation, shall be submitted to a vote, and if a majority of said voters shall decide in favor of taxation, then the provisions of this act that relate to taxation shall be of full force; otherwise, null and void. Questions of tax. Sec. 6. And be it further enacted , That the election provided for by the foregoing section shall be held on such day as the intendant and council may direct, under the same rules and regulations as provided in regard to the election of the intendant and council. Elections. Sec. 7. Repeals conflicting laws. Approved August 24, 1872. (No. 126O. No. 157.) An act to incorporate the town of Clinton, in Jones county, and 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, from and after the passage of this act, Henry Christian, Robert M. Kingman, George W. Mann, Roland T. Ross, Henry S. Graves, William A. Juhan and Ambrose M. Pound be, and they are hereby, made a body corporate and politic, under the name and style of the Town Council of Clinton, to hold their offices until the first of January, 1873, and until their successors are elected and qualified. Corporators Name. Sec. 2. Be it further enacted , That on the first Saturday in January, 1873, and on the first Saturday in January in each subsequent year, an election shall be held at the court-house in said town for seven commissioners, to serve for one year subsequent to their election, and until their successors are elected and qualified, at which election no person shall be entitled to vote except persons resident within the corporate

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limits of said town thirty days next preceding said election, who are entitled to vote for members of the General Assembly, at which elections 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 incorporate limits of the same 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 thirty days immediately preceding said election, and shall have paid all taxes required of him by the laws of said town, and which he has had opportunity to pay. Annual election. Managers. Sec. 3. Be it further enacted , That the corporate limits of said town of Clinton shall be designated and marked out by said commissioners at their first meeting after the passage of this act, and not to exceed one-half mile in every direction from the court-house. Corporate limits. Sec. 4. Be it further enacted , 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 their meetings when present, but, in the absence of the president, said board of commissioners may select one of their number to preside, and they shall have power to select a marshal and deputy marshal or marshals, a secretary and treasurer of said board, as they may deem proper, and require such bond and security as they, in their discretion, may deem necessary, and to fix their compensation for services, and said marshal and deputy marshal shall have the same powers, within the limits of the town of Clinton, as are now conferred by law upon the police force of the city of Macon. President of board. Officers. Sec. 5. Be it further enacted , That said board shall have power to do all acts which they shall deem necessary for the welfare of said town; to levy and collect such tax as they may establish by their by-laws upon all property, real and personal, in said town, consistent with the laws of the State: Provided , The same does not exceed the amount of one and a half per cent. upon the value of the taxable property, and to regulate and control the sale of spirituous and malt liquors in said town, to license the same, and also to impose a special tax upon all professions, trades and other callings and business exercised in said town, said special tax not to exceed ten dollars for each person exercising the same. Boardpowers of. Sec. 6. Be it further enacted , That said commissioners shall have power to pass such rules and ordinances for the good government of said town as they 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 the Constitution and laws of the United States. May pass ordinances.

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Sec. 7. Be it further enacted , That all fines levied or assessed for the violation of any of the rules or 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 one hundred dollars for the violation of their by-laws or ordinances. Fines. Sec. 8. Be it further enacted , That if any person shall violate any ordinance or regulation of said town, made by the by-laws of said council, said town council shall have power to punish for the same to the extent of one hundred dollars fine, or thirty days' imprisonment in the common jail of Jones county, said corporation being liable for the jail fees of persons so imprisoned. Violation of ordinances. Sec. 9. Be it further enacted , That the said board shall have power to compel persons residing in said corporation, over sixteen years of age, to work the roads or streets of said town, not to exceed twelve days in each year. Roads and streets. Sec. 10. Be it further enacted , That said commissioners may pass any ordinance they 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 and suppress nuisances, and to enforce the same by reasonable and proper fines. Health, etc.,laws to protect. Sec. 11. Be it further enacted , That all fines, taxes or forfeitures collected under this act shall be for the use and benefit of said town. Fines, etc. Sec. 12. Repeals conflicting laws. Approved August 23, 1872. (No. 127O. No. 190.) An act to require the voters of the city of Cuthbert, Randolph county, Georgia, to register their names with the clerk of council of said city sixty days before the annual municipal election . 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 passage of this act, the voters who may desire to vote at the annual municipal election, and at

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any other election ordered by the council of the city of Cuthbert, Randolph county, Georgia, shall, before they shall be entitled to vote at said election, have registered their names with the city clerk at least sixty days before the day on which the said municipal election is held. Registration. Sec. 2. Be it further enacted , That at the time of said registration, as provided for in the first section of this act, the person proposing his name for registration shall take, before the clerk of said city, an oath that he is at that time a citizen, residing within the corporate limits of said city, and expects to remain a citizen up to the time of said election. Oath of voter. Sec. 3. Be it further enacted , That after the registration provided for in the first section of this act, the person so registering shall be entitled to vote at any election that may be ordered during the current year by the mayor and council of said city: Provided , That he is still residing in said city: Provided further , That nothing in this act shall relieve any person from any of the pains and penalties now prescribed by the laws of the State in relation to illegal voting. Person registered may vote. Proviso. Sec. 4. Repeals conflicting laws. Approved August 24, 1872. (No. 128O. No. 306.) An act to amend an act entitled an act to amend the several acts incorporating the city of Dalton, and amendatory of and in addition to the several acts incorporating the city of Atlanta, and to extend the corporate limits of the town of Cumming, in the county of Forsyth, assented to December 20, 1860 . Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, the first section of the above recited act be, and the same is hereby, amended, and that the words, except the dwelling-house and curtilage, and other buildings, be added to said section. Words added. Sec. 2. And be it further enacted by the authority of the same , That the corporate limits of the city of Dalton be, and the same are hereby, extended so as to include a circle of one mile from the depot of the Western Atlantic Railroad. Limits extended. Sec. 3. Repeals conflicting laws. Approved August 23, 1872.

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(No. 129O. No. 43.) An act to authorize the issue of bonds by the corporate authorities of the city of Dalton for the erection of buildings for educational purposes. Whereas, An election was held by the legal voters of the city of Dalton, on the 28th day of June, 1872, to determine whether the bonds of said city, to the amount of ten thousand dollars, be issued and delivered to the trustees of Mercer University, upon the condition that said trustees shall expend the sum of ten thousand dollars in a building and apparatus suitable for a male high school in said city; and whereas, at the same election, the question was submitted, whether the bonds of said city, to the amount of ten thousand dollars, be issued and delivered to such religious denomination as may desire to take them for the purpose of building and putting in operation a female institute within the limits of said city upon like condition; and whereas, at said election a majority of the legal votes cast were in favor of the issuing of the said bonds upon the terms and condition specified in the order directing said election: Preamble. Section 1. Therefore be it enacted by the General Assembly of Georgia , That the mayor and council of the city of Dalton be, and are hereby, authorized to issue the bonds of said city to the amount of twenty thousand dollars, and in amounts of not less than one hundred dollars, or more than one thousand dollars, said bonds to fall due in twenty years after the date thereof, and to bear interest at the rate of eight per cent. per annum, payable semi-annually, and the coupons to be receivable, when due, for any tax or debt due said citysaid bonds to be free from taxation by State, county and corporation. Issue of bonds. Sec. 2. That said bonds shall be issued on the order of said mayor and council, and shall be signed by the mayor and clerk of council, and when so issued, said mayor and council may deliver ten thousand dollars thereof, for the purpose of erecting a male institute, to the trustees of Mercer University, or to such agent or agents, or local board of trustees, as may be duly appointed or incorporated, with the sanction and under the auspices of said trustees of Mercer University; and the said mayor and council may deliver ten thousand dollars of said bonds, for the purpose of erecting a female institute, to such agent or agents, or board of trustees, as may be appointed or incorporated, with the sanction and under the auspices of the Methodist Episcopal Church, South, at Dalton, Georgianone of said bonds to be delivered, as herein provided for, until the mayor and council of said city shall be satisfied that said trustees of said university, or said church,

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or either of them, will carry out their part of such contract or contracts as may be entered into between said mayor and council, and trustees of said university, and of said church, for the purpose of securing the city in issuing said bonds, and in accordance with the previous action of said mayor and council. Male institute. Female institute. Sec. 3. That when, in the judgment of said mayor and council, the said trustees of said university, or of said Methodist church, or either of them, from lapse of time, or other cause, shall have forfeited the right to take the bonds herein provided for, for the purposes herein named, the said mayor and council shall have full power to deliver said bonds to the agent or agents, or board of trustees duly appointed or incorporated, with the sanction and under the auspices of any other Christian denomination, upon the terms, condition, restriction and limitation in this act specified. Bondshow disposed of. Sec. 4. That the act entitled an act to authorize the issuing of bonds of the city of Dalton, for educational purposes, approved December 9, 1871, be, and the same is hereby, repealed. Sec. 5. Repeals conflicting laws. Approved August 17, 1872. (No. 130.O. No. 64.) An act to repeal an act entitled an act to require the corporate authorities of the city of Darien to appoint as many inspectors and measurers of timber and lumber as may make application for said appointments, upon giving the usual bond, approved October 27, 1870, and to authorize the commissioners for the county of McIntosh, and city of Darien, to appoint such a number of measurers and inspectors of timber and lumber as may be deemed expedient. Section 1. Be it enacted , That an act approved October 27, 1870, to require the corporate authorities of the city of Darien to appoint as many inspectors and measurers of timber and lumber as may make application for said appointment, and give the usual bond, be, and the same is hereby, repealed. Act repealed. Sec. 2. Be it further enacted , That the board of commissioners for the county of McIntosh, and city of Darien, are hereby authorized and required to appoint such a number of inspectors and measurers as in their judgments are sufficient to measure and inspect all timber and lumber now required by law to be measured and inspected in said county, and city of Darien, without unreasonable delay to persons bringing

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such timber and lumber to market for sale; but before any appointment shall be granted, the applicant shall be subject to an examination as to competency, by a board of experts, to be appointed by said commissioners, whose duty it shall be to report to said commissioners as to the qualifications of each applicant. Inspectors and measurursappointment. Applicants. Sec. 3. Be it further enacted , That in order to meet any emergency of unusually large quantities of timber or lumber arriving in said county and city, said commissioners are further authorized and required to appoint, temporarily, such additional inspectors and measurers of timber and lumber, without examination, and for such time as the inspector general of timber and lumber, in and for said county and city, may recommend. Temporary inspectors. Sec. 4. Repeals conflicting laws. Approved August 22, 1872. (No. 131O. No. 62.) An act to incorporate the city of Dawson, in the county of Terrell; to define the corporate limits thereof, and for other purposes mentioned therein. 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 passage of this act, the town of Dawson, in the county of Terrell, shall be known and called by the name of the city of Dawson, and that the authority and jurisdiction of the said city of Dawson shall extend one mile, in every direction, from the court-house. Jurisdiction Sec. 2. And be it further enacted , That, within twenty days after the passage of this act, and by giving ten days' notice by the municipal authorities in the city papers, or by advertising at two or more of the most public places in said city, and on the second Monday in every January thereafter, all male citizens of this State, residing within the corporate limits of said city, who shall be entitled to vote for members of the Legislature of this State, shall be entitled to vote for a mayor and five aldermen of the city council, and that any person or persons, legally entitled to vote at said election, shall be eligible either for mayor or aldermen of said city conucilat which election one justice of the peace shall preside, together with two freeholders, neither of whom shall be a candidate, and the person receiving the highest number of votes be declared duly elected; that the managers of said election shall give certificates to that effect, which shall be

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evidence of their election, and authority to act, and which shall be recorded by the clerk of the city council in a book to be kept for that purpose, which shall be held and esteemed to be the highest evidence of such election; any person voting at such election, contrary to the provisions of this section, shall be guilty of a misdemeanor, and, on indictment and conviction thereof, shall be punished by imprisonment and labor in the penitentiary of this State, not more than two years nor less than one year. Mayor and aldermenelection of. Certificate of election. Illegal voting. Sec. 3. Be it further enacted , That the mayor and aldermen shall hold their offices until their successors are elected and qualified, and in the event that the office of mayor, or any one or more of the board of aldermen, shall become vacant by death, resignation, removal, or otherwise, that the mayor, or, in case his seat is vacant, a majority of the aldermen, shall order a new election, said election to be published and managed according to the second section of this act. Vacancies. Sec. 4. Be it further enacted , That as soon as practicable after the election of the said mayor and board of aldermen, and before they enter upon the discharge of their official duties, the mayor shall, before a Justice of the Peace, take and subscribe the following oath: I, A. B., do solemnly swear that I will, to the utmost of my ability, discharge the duties of mayor (or alderman, as the case may be) for the city of Dawson, during my continuance in office; so help me God. And the mayor, after being so qualified as aforesaid, shall have full power and authority to administer said oath to each alderman. Oath. Sec. 5. Be it further enacted , That the mayor and aldermen shall have power to elect their ministerial officers, such as clerk, treasurer and marshal, and shall fix the salaries of said clerk, treasurer and marshal, and shall require of them bond and security for the faithful performance of their duties, for such amount as they may think proper, or shall have power to discharge them from office for malpractice, or any inability to perform the duties of the same. Ministerial officers. Sec. 6. Be it further enacted , That said mayor and aldermen shall have power and authority to levy and collect, by execution or other legal process, taxes, within the corporate limits of said city of Dawson, at such rate of taxation as said mayor and aldermen may, in their opinion, be found to be actually necessary to meet the legitimate expenses of the city government, not to exceed the State tax levied for the year for which said city tax is levied; and all executions issued shall be signed by the mayor and countersigned by the clerk; and that said mayor and aldermen shall have power to adopt such ordinances for the government of said city as they may deem fit and proper, and not inconsistent with the Constitution and laws of this State. May collect taxes. Ordinances. Sec. 7. That the mayor shall have authority to issue execution for the collection of fines, which execution shall be of

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the same dignity and force as if issued by Justices of the Peace, or any other judicial authority, and that the marshal shall have power to levy all executions so issued by the mayor and aldermen, on any property, real or personal, in said city, and bring the same to sale for the satisfaction of said execution, and to make titles to the same, after the manner of Sheriffs' titles; and it shall be the duty of the marshal to put the purchaser in possession of the property so purchased, as is now the duty of Sheriffs in case of sale by them, and the defendant shall have the right to redeem the property so sold, in the same time, and under the same terms as defendants have to redeem property sold by the Sheriff for taxes, and property sold by the marshal for taxes shall be governed by like rules. Executions for fines. Marshal. Sec. 8. That the mayor and aldermen, or the mayor alone, shall have power to imprison offenders, failing or refusing to pay their fines, not exceeding ten days for any one failure; the mayor is empowered to act as magistrate ex-officio , to issue warrants, examine offenders, and bind them over to the Superior Court; said mayor and aldermen shall have power to levy a tax on all retail groceries, bowling saloons, billiard tables, ten-pin alleys and all other sporting devises, and for which the mayor and aldermen may issue license and compel the parties owning the above specified property, to pay from ten to two hundred dollars, as they may see proper; they shall have power to tax all shows and itinerant traders. Mayor may imprison offenders. Tax on tenpin alleys. Sec. 9. Be it further enacted , That said city council shall have power in said city to prevent the erection of any wooden building or buildings within four hundred and four feet (404) of the public square, except in blocks where wooden buildings have already been built and are standing at the time the party wishing to build proposes to erect wooden buildings. Wooden buildings. Sec. 10. Be it further enacted , That said city council shall cause their clerk to keep a book, to be called a registration book, in which all persons entitled to vote for officers of said city shall cause their names to be registered ten days before said election, which book shall, after the first election under this act, be closed ten days before any and all other elections, and no person shall be entitled to vote for officers of said city, except his name shall be found in said registration book, which book shall be kept open for registration all the time, except ten days next preceding each and every election. Registration. Sec. 11. Be it further enacted , That the mayor of said city shall receive for his services each year the sum of three hundred dollars, to be paid out of the taxes of said city. Salary of mayor. Sec. 12. And be it further enacted by the authority aforesaid , That the several acts incorporating the town of Dawson, and the several acts amendatory thereof, be, and the same are hereby, repealed, and this act repeals conflicting laws. Approved August 22, 1872.

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(No. 132O. No. 351.) An act to incorporate the town of Dawsonville, in the county of Dawson. Section 1. Be it enacted by the General Assembly of Georgia , That said town of Dawsonville be, and the same is hereby, incorporated as hereinafter provided; that the corporate limits thereof shall be and extend one-half mile equidistant from the court-house in every direction: Provided , Said corporation shall not include the residence, premises nor property of Pollard Kelley, Sr.: And provided further , That the right of the commissioners hereinafter provided for, to regulate or prohibit the sale of spirituous liquors, shall extend one-half mile in every direction from said court-house. Limits of. Sec. 2. That the corporate powers of said town shall be vested in five commissioners, who shall be known as the town council of Dawsonville, and who shall hold their office, after the first election, for the term of one year, or until successors are elected and qualified; said corporation shall be known as the town of Dawsonville. Town council, etc. Sec. 3. That within twenty days after the passage of this act, the citizens of said incorporation, entitled to vote under this act, shall elect by ballot from their number five commissioners, which said election shall be held and managed by three freeholders, citizens of said corporation, under the same rules and regulations as elections for Justices of the Peace are held, and the five persons receiving the highest number of votes shall receive from said managers certificates of their election, and such commissioners shall at once meet and organize by electing, by ballot, one of their number president of said board, who shall, by virtue of his office, be ex-officio Justice of the Peace within the corporate limits of said town; during his term of office may issue his warrant for the arrest of offenders for any and all disturbances of the peace in said corporation, or, in case of emergency, he may direct their arrest until a warrant can be issued, and if the offense be against the laws of the State, it shall be his duty to recognize or commit such offenders. Said president shall be entitled to the same fees as Justices of the Peace for similar services. Said commissioners, before entering upon their duties as such, shall take and subscribe before the Ordinary, and to be recorded in his office, the following oath, to-wit: We, and each of us, do solemnly swear that we will faithfully and impartially discharge our duties as commissioners of the town of Dawsonville, to the best of our ability, and that we will support the Constitution of the United States, and of this State; so help me God. Commissioners. President. Oath. Sec. 4. That the election for commissioners, after the first hereinbefore provided, shall be held annually on the first

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Monday in September, to be managed and conducted as hereinbefore provided. Annual election. Sec. 5. That said commissioners and their successors shall have full power and authority to make and enforce all bylaws, rules and regulations for the government of said town they may deem necessary for the preservation of good order, morality, health, prosperity and comfort of the citizens of said town, not repugnant to the Constitution and laws of the United States and of this State. By-laws, rules, etc. Sec. 6. That all male persons of the age of eighteen years and upwards, who have resided in said town as citizens thereof ten days immediately preceding said election, or shall own real estate in said town, and who shall have paid all legal taxes required of him, and which he has had opportunity to pay, shall be entitled to vote at said election, and none others. At each election, as aforesaid, there shall be elected from the citizens of said town, together with commissioners, a clerk, marshal and treasurer, whose duties, liabilities and compensation shall be fixed annually by said board, and said board may require bond and security of said officers in such sum as said board may deem proper. The same oath prescribed for said commissioners shall be administered to each of said officers, and the marshal shall be exempt, during his term of office, from corporate taxation and from street duty, and may be removed from office at any time by said board for malfeasance or nonfeasance in said office. Vacancies in any of said offices, by death, resignation or otherwise, may be filled at any time by election, five days' notice thereof being first given at the court-house door by said president. Who may vote. Officers. Bond. Vacancies. Sec. 7. That should the election herein provided, from any cause, not be held at the time specified, it may be held at any time thereafter, on five days' notice thereof being given by the president then in office, or a majority of the commissioners. Election. Sec. 8. That said commissioners shall have power, annually, to levy and collect a tax upon the property, real and personal, within the limits of said corporation, sufficient to defray the necessary expenses of said corporation, to be collected by the marshal, who shall receive the same compensation therefor as is paid tax collectors, and to be collected in the same way as State and county taxes are collected: Provided , That said tax shall not exceed one-fourth of one per cent.; and said commissioners, or a majority of them, shall have full power and authority to regulate or prohibit the sale of spirituous liquors, or other intoxicating drinks, within the limits of said incorporation. Said commissioners shall have full power and authority, and it shall be their duty, to punish all offenders against the rules, regulations and by-laws of said incorporation, by fines not to exceed twenty dollars, or imprisonment in the common jail of said county not to exceed twenty days, or both, in the discretion of said board, or a

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majority of them. It shall be the duty of said commissioners to cause all the streets and roads within the corporate limits of said town to be kept in good condition, upon such terms as they may prescribe in the by-laws, and for a failure to do so, they shall be liable to punishment as road commissioners are under existing laws. The citizens of said corporation shall be exempt from road duty elsewhere. May levy tax. Proviso. Sale of liquor. Sec. 9. That all assessments, fines and penalties, by virtue of this act, shall be recoverable by execution, issued by the clerk of said board, approved by the president, to be enforced by the marshal under the same rules which govern constables, and the proceeds arising from said sale shall be, by the officer selling, paid into the treasury of said corporation within two days from its collection; said marshal shall be subject to the same rules as constables are. Fineshow recoverable. Sec. 10. That all other powers usually conferred upon like corporations, for the complete and convenient enforcement of by-laws, be, and they are hereby, conferred upon this said incorporation. Other powers. Sec. 11. That said board shall have the right to use the county jail to enforce its by-laws, said board being responsible for jail fees. County jail. Sec. 12. Repeals conflicting laws. Approved August 26, 1872. (No. 133O. No. 185.) An act to amend an act entitled an act to alter and amend an act to regulate the town of Eatonton, passed the 12th of December , 1809, approved December 13, 1816. Section 1. Be it enacted by the General Assembly of Georgia , That the first section of the above recited act be altered and amended by striking out the words twenty-five cents, and inserting in lieu thereof the words, one dollar, so as to vest in the commissioners of said town of Eatonton power and authority to assess and collect a tax of one dollar for every one hundred dollars value of the property, real and personal, within the corporate limits of said town. May assess one dollar on the hundred. Sec. 2. Repeals conflicting laws. Approved August 23, 1872.

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(No. 134O. No. 305.) An act to amend an act entitled an act to make permanent the site of the public buildings, in the county of Fayette, at Fayetteville, and to incorporate the same, assented to December 20, 1823. Section 1. Be it enacted , That, from and immediately after the passage of this act, said act incorporating the town of Fayetteville, Fayette county, Georgia, be amended as follows: That, in case of failure to elect a board of commissioners, or, if elected, their failure to qualify and act, as prescribed in the act to which this is amendatory, it shall be the duty of the Ordinary, the Clerk of the Superior Court of said county, together with the Justice of the Peace, or Notary Public, or both, of the town district, to act in lieu of said board of commissioners, and for that purpose, they are hereby fully authorized and empowered to act as such, and that a majority of them shall constitute a quorum for the transaction of business; that they, or said commissioners, shall have power to pass all necessary by-laws, or ordinances, for the levying and collecting of the taxes provided in the act to which this is amendatory, together with such by-laws as may be necessary to carry into full effect said act, with the several amendments thereto. In case of failure to elect. Quorum. Taxes. Sec. 2. Be it further enacted , That said board shall have the power to appoint a marshal to execute the ordinances and by-laws adopted by them, and for the purpose of collecting such taxes as may be assessed under said original act, or the amendments thereto, and such other duties as may be lawfully required of him. Marshal. Sec. 3. Be it further enacted , That said board shall have power and authority to assess and collect a tax on the property of the citizens, within the incorporate limits of said town, for the purpose of paying said marshal a reasonable compensation for his services, the same not to exceed two hundred dollars per annum. Salary of. Sec. 4. Be it further enacted , That said board may, by ordinanee, dispose of any money arising from the collections of fines or forfeitures, in the improvement of the public square and streets of said town, or in such other improvements of said town as they may think proper and necessary. Fines, etc. Sec. 5. Be it further enacted , That said board shall have full power and authority to adopt all by-laws and ordinances necessary in the instructing and empowering their said marshal, or such other person as they may appoint for the time being in his place, to appear at each term of the Superior Court of the county, and prosecute all offenses occurring within the incorporate limits of said town. Marshal to prosecute offenders. Sec. 6. Repeals conflicting laws. Approved August 26, 1872.

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(No. 135O. No. 337.) An act to amend the charter of the town of Forsyth, and the various acts amendatory thereof. Section 1. Be it enacted, etc. , That after the year 1872, the offices of marshal and deputy marshal of the town of Forsyth be, and the same are hereby, abolished. Offices abolished. Sec. 2. Be it further enacted, etc. , That after the passage of this act, the election of intendant and wardens of the town of Forsyth, shall be held under the present rules and regulations, on the first Saturday in December of every year. Election. Sec. 3. Be it further enacted, etc. , That the intendant and wardens shall elect annually, at the regular meeting of council, in the month of January, a chief of police, clerk and treasurer, and street commissioner, and all of said officers to hold their offices under the rules and regulations to be prescribed by the council. Officers. Sec. 4. Be it further enacted, etc. , That the salaries of all the officers of the town of Forsyth, after the passage of this act, shall be fixed by the council, at the regular meeting in October, previous to the election of intendant and wardens, and shall not be changeable during the term of the succeeding council. Salaries. Sec. 5. Be it further enacted , That at the time of elections of the other officers, the intendant and wardens shall elect three assessors, who shall assess the taxable property located within the corporate limits of the town of Forsyth; any tax-payer who may be dissatisfied with the assessment of his or her property shall have the right of appeal to the council under such rules and regulations as they may adopt; the assessors shall receive a regular salary, to be fixed at the same time and under the same restrictions as the salaries of other town officers. Assessors. Appeals. Sec. 6. Be it further enacted , That all persons liable to perform road duty by the laws of this State shall be liable and subject to work on the streets of said town, under the direction and control of the proper officer of said town; that the intendant and wardens of said town shall have power to levy a street tax in lieu thereof; that all persons who shall fail or refuse to pay said tax, on or before such day as said intendant and wardens, by ordinance, may require, the person failing shall be required, upon three days' notice, to do and perform street work, as aforesaid, and upon failure thereof, such defaulter shall be liable to be dealt with by the intendant as for violation of other ordinances of said town. Streets. Street tax. Persons refusing to work. Sec. 7. Be it further enacted , That no person shall vote at any town election, for any of the town officers, who is not entitled to vote for members of the General Assembly, and who has not paid all of his town taxes, or other dues, to the town, including all costs on any and all executions for taxes, or otherwise, to which the officers of said town are entitled. Town elections.

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Sec. 8. Be it further enacted, etc. , That, from and after the passage of this act, the intendant of said town, who has heretofore acted as chairman of said council, be, and he is hereby, vested with authority to try all persons who may violate any of the ordinances of said town, with as full power to punish as if said person or persons were tried by all the members of said council. Violators of ordinances. Sec. 9. Be it further enacted , That the election so to be held, on the first Saturday in December, shall be for an intendant and four wardens, or commissioners, who shall enter upon the duties of their office on the first day of January next thereafter, and that the intendant so elected shall be vested with ample powers to try all offenders against the ordinances of said town. Intendant and 4 wardens. Sec. 10. Be it further enacted , That the bonds of said town, heretofore issued by the corporate authorities thereof, bearing the similitude of money, be, and the same are hereby, declared to be legal, and to be as valid and binding as if they had been issued in accordance with law. Bonds declared valid. Approved August 26, 1872. (No. 136O. No. 227.) An act to authorize the town council of Forsyth to issue bonds, as currency, to purchase stock in the property of the Monroe Female College, and Hilliard Male Institute, and to repair said property for school 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 commissioners of the town of Forsyth, in the county of Monroe, by the through the president of said board and treasurer of said town council, shall have power to issue bonds to purchase stock in the property of the Monroe Female College and Hilliard Male Institute, in such sums as to them may seem best, and that said bonds may be issued in such sums as will provide a circulating medium and having the similitude of money, to secure the circulation of the same, with power to redeem the same by taxation upon real estate and stock in trade in said town: Provided , Said tax shall not exceed two per cent. per annum on the value of said property. May issue bonds. Sec. 2. That said president shall be authorized to sign said bonds as intendant, and that said council shall be allowed to make such arrangements, for the redemption of said bonds in United States currency, as to them may seem best for the interests of the citizens of said town of Forsyth. How signed Redemption

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Sec. 3. That the stock so taken in said Monroe Female College and Hilliard Male Institute may be managed by a board of trustees for the benefit of the public, and liable for the redemption of said bonds, in case said contract for subscription shall provide for the same by said trustees of the Monroe Female College and Hilliard Male Institute being parties to said contract of subscription, and in case said bonds, at maturity, are not redeemed by taxation. Purchase of stock. Sec. 4. That said town council be, and they are hereby, authorized to take stock in either or both of said institutions, and to issue bonds as aforesaid for the same, as well as for the improvement and repairs of the buildings and grounds belonging to either or both of said institutions. Sec. 5. Repeals conflicting laws. Note.This act is published pursuant to resolution, O. No. 47, approved August 26, 1872. (No. 137O. No. 313.) An act to amend an act incorporating the town of Franklin, in the county of Heard, and for other purposes, approved December 4, 1871; to authorize the election of five commissioners for said town; to confer upon said commissioners certain powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the corporate limits of the town of Franklin, in Heard county, be, and the same are hereby, extended one-half mile in every direction from the court-house in the public square: Provided , That no field or woodland, within said limits, shall be subject to corporation tax until the same shall be laid off in town lots: Provided, also , That nothing in this act shall be so construed as to subject any land included in said corporation, not heretofore embraced, to a higher State or county tax than it would have been subjected to had this act never been passed, until the same shall be laid off into town lots or built upon. Limits extended. Proviso. Sec. 2. Be it further enacted , That the corporation tax to be imposed upon such buildings and improvements as have been made, or may hereafter be made, within the limits of said corporation, shall be upon the valuation of said improvements, and two acres of land contiguous thereto, except where the land has been laid off into town lots, and unimproved, which shall be taxed according to their value: Provided , That the tax to be levied upon the real estate and improvements in said corporation shall not be more than one-fourth of one per cent. per annum upon the value of said property. Corporation tax.

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Sec. 3. Be it further enacted , That on the second Tuesday in January, 1873, and on the second Tuesday in January every year thereafter, it shall be lawful for the qualified voters residing within the corporate limits of the town of Franklin, and who have resided there for ten days previous, to assemble at the court-house in said town, and, under the superintendence of a Justice of the Peace or Notary Public of said county, and two freeholders, to elect, by ballot, five commissioners, who shall continue in office for one year, and until their successors are elected and qualified, and if it should so happen that such election shall not take place on the day before appointed, it shall be lawful for the same to be held on any other day, in manner and form before prescribed by this act, upon ten days' notice being given thereof, in two or more public places in said town; and in case of death, removal or resignation of any of said commissioners, those remaining shall have power to fill said vacancies until the next annual election. Commissionerselection of. Sec. 4. Be it further enacted , That before any commissioner, either elected or appointed under this act, shall enter upon the discharge of his official duties, he shall take and subscribe an oath before a Justice of the Peace or Notary Public of said county, to well and truly, to the utmost of his ability, discharge the duties of commissioner for the town of Franklin, during his continuance in office. Oath. Sec. 5. Be it further enacted , That said commissioners, after their election and qualification, as provided by this act, shall proceed to elect a marshal, and, if they deem it necessary, a deputy marshal, clerk and treasurer, (the two latter may be of their own body) each of whom shall remain in office until a new election of commissioners is held and qualified, unless removed by the board of commissioners. May elect officers. Sec. 6. Be it further enacted , That the commissioners and their successors in office shall have full power and authority to pass all by-laws, ordinances and regulations as shall seem to them to conduce to the peace, safety, health, morals and well-being of the inhabitants of said corporation, and to pass all by-laws and ordinances respecting the public square, streets, alleys and roads in said corporation, as well as for the protection of the property in said corporation, and shall have power and authority to enforce the same: Provided , That said by-laws, ordinances and regulations are not repugnant to the Constitution and laws of this State, and of the United States. By-laws, etc. Proviso. Sec. 7. Be it further enacted , That the commissioners of said town, in addition to the powers already conferred by this act upon them, shall have power and authority to fine and imprison any person who may be guilty of a violation of any of the by-laws, ordinances and regulations of said corporation: Provided , That no imprisonment, for any offense, shall

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be for a longer period than ten days, and no fine imposed shall exceed twenty dollars. May fine and imprison offenders Proviso. Sec. 8. Be it further enacted , That the commissioners of said town shall have exclusive jurisdiction over all persons, within the limits of the corporation, liable to work on roads under the laws of this State, and to enforce such by-laws and ordinances, as they may adopt, for opening, working and keeping in good repair the public square, streets, alleys and roads in said corporation, in the same manner as is prescribed by the road laws in this State. Jurisdiction Sec. 9. Be it further enacted , That a majority of said commissioners may form a quorum to transact all business, and shall determine all questions by a majority of the members present. Quorum. Sec. 10. Be it further enacted , That when any offender shall be brought before said commissioners, charged with violating any of the by-laws and ordinances of said corporation, and it shall appear to said commissioners, or a majority of them, that the accused has committed an offense, within the corporate limits of said town, punishable under the criminal laws of this State, the commissioners shall have power to commit the offender to jail, in the county of Heard, or require bond and security for his appearance at the next term of the Superior Court of said county, to wait his, or her, or their trial, and it shall be the duty of the jailer of said county to receive all such persons and safely keep until discharged by due course of law. May commit offenders to jail. Sec. 11. Be it further enacted , That when said commissioners, or a majority of them, are sitting for the purpose of hearing charges against offenders who may be charged with violating the criminal laws of said State, within the corporate limits of said town, they shall be a court of inquiry to examine into the accusation against the person arrested and brought before them, and they have power to compel the presence of witnesses, hear evidence, and all other powers under the Code of Georgia, pertaining to courts of inquiry, and be governed by the law of this State pertaining to the same. Court of inquiry. Sec. 12. Be it further enacted by the authority aforesaid , That the present board of commissioners, now acting for said town of Franklin, be continued in office until after an election held as herein provided others shall be elected and qualified. Present board continued. Sec. 13. Repeals conflicting laws. Approved August 26, 1872.

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(No. 138O. No. 192.) An act to authorize the mayor and council of the city of Gainesville to subscribe to the capital stock of certain railroad companies, or other internal improvements, upon certain conditions, and to provide for the payment of the same; and also to authorize the mayor and council of the town of Monticello to issue coupon bonds of said town for the purposes herein mentioned, and for other purposes. Section 1. Be it enacted , That, in order to aid in the construction of any railroad or other internal improvement which may hereafter be built or located partly or entirely within the corporate limits of the city of Gainesville, the mayor and council of said city shall have authority to subscribe such sum as they may deem expedient to the capital stock thereof. May subscribe. Sec. 2. Be it further enacted , That before such subscription shall be binding upon the citizens of said city, said mayor and council shall cause an election to be held in the court-house, after due notice for twenty days, to be posted in the public places in the city, and the railroad, or other internal improvement, to which it is proposed to give the aid, and the amount of the aid shall be distinctly specified in said notice, at which election each legally qualified voter in said city shall be entitled to vote, and each voter shall indorse upon his ticket, ratification or no ratification, and if a majority of the votes cast at such election shall be indorsed ratification, then such subscription shall be binding and of full effect. To be submitted to voters. Sec. 3. Be it further enacted , That the mayor and council of said city shall be authorized and required to provide for the payment of such subscription, by taxation, the issue and sale of bonds of said city, or otherwise; shall be directed and managed by the mayor and council of said city, in the manner they shall deem best. Payment. Sec. 4. Be it further enacted , That the mayor and council of the town of Monticello are hereby authorized to issue coupon bonds of the town of Monticello, to the amount of ten thousand dollars, bearing seven per cent. interest, payable semi-annually, redeemable in not less than ten years, nor more than twenty years from the date of their issue, the bonds to be based upon the faith and credit of the town, which are hereby pledged for their redemption, and the interest as it falls due: Provided , That the consent of the qualified voters of the town of Monticello, voting at an election to be held at such time as the mayor and council shall prescribe, shall vote in favor of the same, of which ten days' notice shall be given. Coupon bonds. Proviso. Sec. 5. Be it further enacted , That the mayor and council of the town are hereby authorized to invest the bonds to be issued under and in accordance with the provisions of this

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act, or the proceeds of the whole thereof, in the stock of the Griffin, Madison Monticello Railroad. How to be invested. Sec. 6. Repeals conflicting laws. Approved August 24, 1872. (No. 139O. No. 202.) An act declaratory of the meaning of an act, with subsequent amendments, 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 mayor and city councilmen, and such other officers as may be required, and confer on them certain powers, approved 27 th October , 1870, and to amend the same. Whereas, The text of the above recited act is ambiguous, and gives rise to much embarrassment in the administration of the city government; therefore Preamble. 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 the true intent and meaning of the Legislature, in passing said act, was to confer upon the mayor and council of the city of Gainesville all the rights, privileges and immunities conferred upon the mayor and council of the city of Atlanta, by the act of the 29th of December, 1847, amending the charter of the town of Marthasville, but not to confer on them any rights and privileges conferred by the several acts amending the last named act. Privileges defined. Sec. 2. Be it further enacted , That the annual election for mayor and aldermen of said city shall be held on the second Tuesday in December of each and every year, and the officers then elected shall enter upon the discharge of their duties at the first regular meeting in January thereafter; but the election held on the first Monday in January, 1872, is hereby declared to be legal, and all acts done, or to be done, by the mayor and council then elected, shall be as valid as though said election had been in all respects regular and legal: Provided , That they are not violative of the Constitution of this State, nor the Constitution of the United States. Annual election. Election declared legal. Sec. 3. Be it further enacted , That the present mayor and council, and their successors in office, shall have power and authority to levy and collect a tax, not exceeding fifty cents on every hundred dollars of the value of all property, both real and personal, within the corporate limits of said city,

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which is not exempt from taxation under the laws of this State. Town tax. Sec. 4. Be it further enacted , That the said mayor and council shall have the exclusive right to grant license to persons to retail spirituous liquors in said city, for which they shall charge and collect a license fee of not less than two hundred nor more than five hundred dollars, and no person shall sell by retail, in said city, any spirituous liquors, without first obtaining such license, under a penalty, on conviction, of a fine of one hundred dollars for each offense. Liquor license. Sec. 5. Be it further enacted , That the said mayor and council shall elect, annually, one and not more than three assessors, whose duty it shall be, under oath, faithfully and impartially to discharge the duties of their officeto assess, at its market value, all the real estate in said city subject to taxation; and, in case the owner is dissatisfied with the value set upon his property by the assessor, he shall have the right of appeal to the council, whose decision shall be final. Assessors. May appeal. Sec. 6. Be it further enacted , That the said mayor and council shall have power and authority to issue the bonds, or notes, or both, of said city, for the purpose of improving its streets, and promoting its growth and advancement, and educational facilities, and all the property in said city shall be bound for their redemption: Provided , The debt of said city shall, at no time, exceed thirty-five thousand dollars. Bonds. Sec. 7. Be it further enacted , That all of the said act of the 29th of December, 1847, amending the charter of the town of Marthasville, which is not in conflict with the foregoing sections of this bill, shall remain of full force and constitute a part of the charter of the city of Gainesville. Act of force when. Sec. 8. Be it further enacted , That the said mayor and council shall have power and authority to consolidate any two or more of the offices enumerated in the bill of which this is amendatory, and require their duties to be performed by one officer. Offices may be consolidated. Sec. 9. Repeals conflicting laws. Approved August 24, 1872. (No 140O. No. 129.) An act to incorporate the town of Graysville, in the county of Catoosa, and to extend the corporate limits of the town of Hartwell, in Hart county, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That John D. Gray, William Dunn, John Morgan, C.

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W. Gray and George Wilson, be, and are hereby, appointed commissioners of the town of Graysville, in Catoosa county, State of Georgia, with power and authority to make such bylaws 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. Sec. 2. Be it further enacted , That the said town of Graysville is hereby incorporated, and the limits of the incorporation shall extend one-fourth of a mile east, west, north and south, in said town, from the railroad depot located in said town. Corporate limits. Sec. 3. Be it further enacted , That the commissioners herein named shall hold their office until the first Saturday in January, 1873, when an election shall be held in said town of Graysville 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 ten days preceding the election, shall be entitled to vote for said commissioners, and said commissioners shall be elected annually thereafter in a like manner. Election. 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 have power to appoint a marshal and treasurer and clerk, all of whom shall be severally sworn faithfully to perform the duties required of them, to the best of their ability, during their term of office. Officers. Sec. 5. Be it further enacted , That the said president and commissioners, or a majority of them, shall hold their meetings at such time and place within said town as they may think proper, and they shall have power to levy a tax on real and personal estate within the limits of said town, and for the benefit thereof: Provided , Said tax shall not exceed fifty per cent. on the amount of State tax; and they may pass such rules and regulations for taxing all establishments calculated to encourage idleness or vice, and they shall have power to prohibit or regulate the sale of spirituous liquors and other intoxicating drinks within the limits of said town, and said commissioners shall also have power to pass laws enforcing order, for removing nuisances, and for the promotion of peace and good order, and they shall 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 town, for a term not to exceed ten days in any one year, to work on the streets of said town. Town tax. Liquorsale of. Streets. Sec. 6. Be it further enacted , That the corporate limits of the town of Hartwell be so extended as to include, within the

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corporate limits of said town, the land and residence of J. E. Scott. Limits extended. Sec. 7. Repeals conflicting laws. Approved August 23, 1872. (No. 141O. No. 135.) An act to amend an act, approved March 5th, 1856, entitled an act to incorporate the city of Greenesboro; to provide for its government, define its powers, and for other purposes therein mentioned. Section 1. Be it enacted by the Senate and House of Representatives of the General Assembly, and it is hereby enacted by the authority of the same , That section eight of said recited act be so amended as to strike out the word ten, in the last line of said section, and insert in lieu thereof the word sixty. Section 8 amended. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 142O. No. 169.) An act to incorporate the town of Bear Creek, in the county of Henry, under the name of the town of Hampton; to appoint a board of commissioners for the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the inhabitants of Bear Creek, in the county of Henry, and those who now reside, or may hereafter reside, within one mile, in every direction, from the present depot of the Macon Western Railroad, in said town, be, and they are hereby, made and constituted a body corporate, under the name and style of the town of Hampton, the name of Bear Creek being hereby changed to that of Hampton; and the said inhabitants, who are entitled to vote for members of the General Assembly of the State of Georgia, shall meet at some place, within the corporate limits of said town, on the last Saturday in January next, (1373) and on the last Saturday in January in each year thereafter, and elect from the citizens of said town a board of five commissioners, one of whom shall be specially voted for as president of said board, who shall serve twelve months, or until their successors are elected and

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qualified. The said board of commissioners shall be vested with the municipal government of said town of Hampton, and under that name and style may have a common seal, hold, have, purchase, possess and retain, to them and their successors, for the use of the said town of Hampton, real and personal estate, and may sue and be sued in any court of law and equity in this State. Before entering upon their duties, said commissioners shall take an oath to discharge faithfully the duties of their office. Name. Commissioners. Seal. Sec. 2. Be it further enacted , That the election of said board of commissioners shall be held by a Justice of the Peace and two freeholders, or by three freeholders; and in case of the death or resignation of any one or more of said commissioners, an election may be held by the commissioners, fixing the time and giving ten days' notice. The board of commissioners shall elect a marshal and treasurer from the citizens of said town, and a clerk from their own body. Election. Sec. 3. Be it further enacted , That said board of commissioners shall have full power and authority to make all laws, rules and regulations for the government of said town, not inconsistent with the Constitution and laws of this State; to impose and collect fines, not less than one, nor more than thirty dollars, and imprison for not less than one day, nor longer than ten days, for any one violation of said laws, rules and regulations. Rules, etc. Sec. 4. Be it further enacted , That said board of commissioners shall have power to tax all shows and exhibitions in said town, performing for purposes of gain, and levy a fine of not less than five, nor more than fifty dollar, upon all persons who may set up and establish ten-pin and other ballalleys and billiard tables in said town, and shall have power 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: Provided , No rule or ordinance shall be contrary to the Constitution and laws of this State. May tax shows, etc. Liquor license. Sec. 5. Be it further enacted , That all moneys arising from taxes, licenses, fines and forfeitures, under the provisions of this act, or any rules, laws or ordinances passed in conformity therewith, shall go into the treasury of said corporation, and be disposed of as the said board of commissioners may direct, for the exclusive benefit of said town. Disposition of moneys. Sec. 6. Be it further enacted , That said board of commissioners shall fix the pay of the president, marshal, clerk and treasurer, as they may think proper and right, and the said president shall have the power to dismiss from office, upon the recommendation of a majority of said board of commissioners, said marshal and treasurer, for failure or neglect to perform the duties of their offices, and in case the president

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shall, at any time, dismiss either one, or both of said officers, the board shall, at their next regular meeting, elect others in their stead. Pay of officers. Sec. 7. Be it further enacted , That a majority of said board of commissioners shall constitute a quorum for the transaction of business, and, at all meetings, the president shall preside, and, in the absence of the president, a president pro tem. may be appointed. Quorum. Sec. 8. Be it further enacted , That the president, or, in his absence, any member of the board of commissioners, shall have power to try and punish offenders of the laws or ordinances of said town, and, whenever any member shall act in the place of the president, he shall receive the same pay, for the time being, as would have been received by said officer if he had been present; and the president shall, moreover, 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. Powers of president. Sec. 9. Be it further enacted , That said board of commissioners shall hold their meetings at such times and place as they may deem fit and proper, and they shall, moreover, be clothed with full power and authority to suppress all nuisances in said town. Meetings of board. Sec. 10. Be it further enacted , That the following named gentlemen are hereby constituted and appointed a board of commissioners for said town of Hampton, to hold and serve until the regular election herein provided for, to take place on the last Saturday in January next, (1873) or until their successors are elected and qualified, viz: W. H. Peebles, S. H. Griffin, R. A. Henderson, Levi Turnipseed and J. M. Williams, and said board shall meet as early as practicable after the passage of this act, and elect, by ballot, one from their own number, who shall be the president of said board, and said board shall have all the rights, power and authority herein granted to the boards to be regularly elected. Appointments to serve until election. Sec. 11. Repeals conflicting laws. Approved August 23, 1872.

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(No. 143O. No. 144.) An act to authorize the corporate authorities of the town of Hawkinsville to take stock, to the amount of five thousand dollars each, in the Hawkinsville Eufaula and Atlantic, Fort Valley Memphis Railroad Companies. Whereas, At an election held by the citizens of the town of Hawkinsville, at the council chamber in said town, on the 30th day of May, 1872, a majority of the qualified voters of said town did vote in favor of authorizing the mayor and council of said town to subscribe to the Hawkinsville Eufaula and Atlantic, Fort Valley Memphis Railroad Companies, in behalf of the said town, five thousand dollars to the stock of each of said railroad companies: Preamble. Section 1. The General Assembly of the State of Georgia do enact , That the mayor and council of the city of Hawkinsville shall have power to subscribe for five thousand dollars each of the Hawkinsville Eufaula and Atlantic, Fort Valley Memphis Railroad Companies, and to impose a tax upon the real and personal estate of said town to pay for the same. Mayor and council may subscribe. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 144O. No. 188.) An act to amend an act entitled an act to incorporate the town of Hephzibah, and to confer certain powers on the commissioners thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, section two of the above recited act shall be altered and amended as follows: where the words first Saturday in November, 1871, occur, the words third Wednesday in September, 1872, shall be substituted; and where the words first Saturday in November occur the second time, the words third Wednesday in September, or as soon thereafter as practicable, shall be substituted in lieu thereof. Certain words changed. Sec. 2. Repeals conflicting laws. Approved August 24, 1872.

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(No. 145O. No. 186.) An act to incorporate the town of Jefferson, in the county of Jackson; to provide for town councilmen and intendant for the same, and for other purposes. Section 1. The General Assembly do enact , That Henry J. Long, Lafayette Gilleland, John A. McEver, R. J. Hancock, Wiley C. Howard, and their successors in office, are made a body corporate, under the name and style of the Town Council of Jefferson, and said five persons specially named shall hold their offices until the first Saturday in March, 1872, and until their successors are elected and qualified. Town council. Sec. 2. That the corporate limits of said town shall extend one-half mile, in every direction, from the court-house, except east, and in that direction to Curry's creek; the corporate limits shall not extend across the creek at any point. Corporate limits. Sec. 3. That said members of council shall forthwith elect one of their number intendant, whose powers shall be the same with the powers of his successors, when chosen as hereinafter provided; they, also, may appoint a town attorney, whose duties and compensation shall be prescribed in the town ordinances. Intendant. Attorney. Sec. 4. That, save as hereinafter provided, all and singular the provisions of an act entitled an act to incorporate the town of Clarkesville, in the county of Habersham, to appoint commissioners for the same, and for other purposes, approved September 16th, 1870, and all and singular the acts amendatory of said act, that may be passed at this present session of this General Assembly, shall apply to and be of full force in the town of Jefferson, as hereby incorporated, except that the first election for intendant and councilmen, hereafter, shall be held on the first Saturday in March, 1872. Charter of Clarkesvilleprovisions of adopted. Sec. 5. Repeals conflicting laws. Approved August 23, 1872. (No. 146O. No. 35.) An act to incorporate the town of Jefferson, in the county of Jackson, and to provide for the election of mayor and aldermen for the same, and for other purposes. 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 the municipal government of the town of Jefferson shall

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consist of a mayor and four aldermen, who are hereby constituted a body corporate, under the name and style of the Mayor and Council of the Town of Jefferson, 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 and hold, receive, enjoy, possess and retain, to them and their successors, for the use of the town of Jefferson, any estate or estates, real or personal, of whatsoever kind or nature, and shall, by the said name, be capable to sue and be sued in any court of law or equity in this State. Municipal government Sec. 2. That the corporate limits of said town shall extend one-half mile, in every direction, from the present court-house in Jefferson: Provided , That this section shall not be so construed as to subject the corporation, aforesaid, to the liability of keeping any bridge or bridges, or embankment, connected therewith, across Curry's creek, in repair, without the consent of the corporation. Corporate limits. Sec. 3. That an election shall be held in the court-house, in the town of Jefferson, on the first Tuesday in September of each year, for a mayor, treasurer and four aldermen, to serve for one year, and until their successors are elected and qualified, and the polls of which election shall be opened at nine o'clock in the forenoon and closed at four o'clock in the afternoon; said election shall be held under the superintendence of the Justice of the Peace and Notary Public of the militia district in which said town is situated, or either of them, and two freeholders, chosen by them, or either of them; and each of said freeholders, before entering upon his duties, shall take an oath, or affirmation, before some Justice of the Peace or Notary Public, that he will faithfully and impartially conduct said election, and prevent all illegal voting, to the best of his skill and power; and, in case the said managers of said election shall have any reasonable doubts as to the qualifications of any voter, they shall have power to administer the following oath: You, A. B., do solemnly swear (or affirm, as the case may be) that you have attained the age of twenty-one years; that you are a citizen of the United States, and have resided, for the last thirty days, within the jurisdictional limits of the corporation of the town of Jefferson, and have paid all taxes legally imposed and demanded of you by the town council of Jefferson; so help you God. And any person who shall take either of said oaths, or affirmation, and shall have sworn, or affirmed, falsely, shall be liable to indictment and punishment for perjury. Mayor and aldermen. Managers. Votersoath of. Sec. 4. That the person or persons receiving the highest number of votes at said election, for mayor, aldermen and treasurer, respectively, shall be declared duly elected. Who to be declared elected. Sec. 5. That all male citizens qualified to vote for members of the State Legislature, and who shall have paid all taxes legally imposed and demanded by the authorities of the town,

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and shall have resided six months within the State, and thirty days within the jurisdictional limits of said town, and no other persons, shall be qualified to vote at said election for mayor, aldermen and treasurer; and in case any person otherwise qualified to vote at said election shall move into the town after the time for giving in his taxes, and whose name shall not appear on the tax-book of the preceding year, he shall, in order to entitle him to vote, report his name to the clerk of the council, before the opening of the polls, in order that he may be enrolled among the tax-paying citizens. Who are qualified. Sec. 6. That in case of any vacancy among the members of council or treasurer, either by death, resignation or otherwise, the mayor shall advertise a new election to fill such vacancy, giving ten days' notice of such election, which shall be held under the superintendence of the said mayor and two freeholders appointed by council, under the same rules and restrictions as are set forth for the government of the election under sections 3, 4 and 5; and that, in case of a vacancy in the mayor's office, from death, resignation or otherwise, a special election shall be ordered by the council to fill such vacancy, and it shall be governed by the provisions of this section, and the sections referred to in it, except that it shall be superintended by two members of council and two freeholders chosen by them. Vacancieshow filled. Sec. 7. That after the votes for mayor, aldermen and treasurer, or either of them, as the case may be, at any election, shall have been counted by the managers, they shall cause two certified copies of the tally-sheets to be made out, one of which shall be handed over to the mayor, for the time being, and the other shall be retained by the managers; and, so soon as the mayor, as aforesaid, shall be informed of the result of said election, he shall cause the persons elected to be notified of the same, and the persons elected, as aforesaid, shall attend, on the first Wednesday thereafter, at the court-house in said town, for the purpose of organizing the council; after each elective officer, except the treasurer, has taken and subscribed the following oath, before a judicial officer for the county: I, A. B., do solemnly swear, or affirm, that I will well and truly perform the duties of mayor or alderman, as the case may be, of the town of Jefferson, by adopting such measures as shall, in my judgment, be best calculated to promote the general welfare of the inhabitants of the town of Jefferson; so help me God; and they shall forthwith enter upon the duties of their offices; and the treasurer shall be required to give bond, with good sureties, for the faithful performance of his duties, in an amount to be fixed by the mayor and council. Election returns. Councilwhen organized. Oath. Bond of treasurer. Sec. 8. That it shall be the duty of the treasurer to receive and diligently collect from all officers and others all town dues; to pay, without delay, when in funds, all orders of the mayor and council, according to their dates, and when not in

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funds, or there is not enough to pay all outstanding debts, then all up to a certain date may be paid; when not enough for that, then they are to be paid ratably; he shall take a receipt on each order when paid, or partially paid, and file it away; he shall keep a well-bound book, in which shall be entered all receipts, stating when received, who from, and on what account, and on all amounts paid out, stating when paid, to whom and on what account; to appear before the mayor and council at each and every meeting of the same, and render an account, if required, of his actings and doings as treasurer, and do and perform such other acts as may be required by any ordinance passed by the mayor and council of the town; and, for any willful violation of his duties, as an upright treasurer, shall be removed from office by a majority of council, and shall, moreover, subject himself to a fine of not less than ten nor more than one hundred dollars: Provided , The offense does not amount to a felony, in which case he shall be punished as is prescribed in the Code; he shall turn over his books, papers, money and everything to his successor. Duties of treasurer. Wilful violation of duty. Sec. 9. That, in case the mayor, or any member of council, while in office, shall be guilty of any willful neglect, malpractice, or abuse of the power confided to him, he shall be cited by the clerk of council, by order of the mayor or council, to appear before the council, at the next regular meeting thereafter, and stand his trial, and, if found guilty of said willful neglect, malpractice, or abuse of power, he shall be removed from office by a two-thirds vote of said council, and he shall, moreover, be subject to be indicted before the Superior Court for Jackson county, and, on conviction, shall be fined in a sum not exceeding two hundred dollars, and the said fine shall be paid to the town treasurer for the use of the town. Malpractice Sec. 10. That no person shall be eligible as mayor of the town of Jefferson, unless he be a freeman, not less than twenty-five years of age, a citizen of the United States, and shall have resided within the corporate limits of said town two years immediately preceding his election, and no person shall be eligible as a member of the town council, unless he be a citizen of the United States, a freeman, and shall have attained the age of twenty-five years, and shall have resided in the town one year immediately preceding his election. Mayorwho eligible Aldermen. Sec. 11. That the said mayor and council of the town of Jefferson shall have power to appoint a clerk, a marshal and deputy marshal, and such other officers of the town as they may deem necessary and proper, and shall have power to regulate the mode and manner of appointing the same, and the power of establishing their fees and salaries; to take their bonds, to prescribe their duties and their oaths, (and also the treasurer's fees and oath) and shall have power to remove them, or either of them, from office for a breach, neglect or

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incapacity to discharge their prescribed duties, and appoint more in their stead, and they shall hold their office during the term of the mayor and council appointing them, or until their successors are elected and qualified. Officershow appointed. Salaries. Term of office. Sec. 12. That the said mayor and council shall have power to impose fines for violation of this charter, or any ordinances of the town passed in conformity therewith, or to imprison the offenders in the guard-honse of the town, or common jail of the county, said fines not to exceed one hundred dollars, and said imprisonment not to exceed thirty days; either, or both, may be imposed, at the discretion of the council. Fine and imprisonment. Sec. 13. That the mayor and council shall have power to hold court as often as they may deem it necessary to dispose of offenders, etc., and the mayor, or acting mayor, shall preside therein. The said mayor, or acting mayor, shall have cognizance of all offenses against the ordinances of the town, and may punish all violations of such ordinances as above provided in section 12, or by compulsory labor on the public streets, or other property belonging to the said town, for the term of thirty days, or both fine and imprisonment, or fine and compulsory labor, as before stated, at the discretion of the mayor, and the said mayor and council shall have full power and authority to pass all ordinances necessary and proper to carry into effect the powers herein granted. Mayor's court. Sec. 14. That the said mayor and council shall have full power and authority to remove, or cause to be removed, any buildings, posts, steps, fences or other obstructions or nuisance in the public streets, lanes, alleys, sidewalks or public squares in said town; they shall have power to license, regulate and control all taverns and public houses within the town, and remove anything that becomes a nuisance, or injurious to the health of the citizens of the town; they shall have power to license drays, wagons, hacks and other vehicles doing business for hire; to license auctioneers, vendue masters, and tax all goods sold on commission, or at auction, within the limits of the town; they shall have the sole and exclusive right of granting license to sell liquors, and to sell by retail liquors in the town of Jefferson, and of taxing shows of every kind within said town; of licensing, regulating and controlling ten-pin alleys, billiard tables, etc., fixing the rate of taxes and license, and the terms upon which the license shall be issued, and declaring said license void when the terms are not complied with. May abate nuisances. Sec. 15. That the mayor and council shall have power to take up and impound any horses or mules running at large within the limits of said town, and to pass such ordinances as may be deemed by them necessary for the proper regulation of stock within the town. Impound horses and mules. Sec. 16. That the mayor and council shall have power to establish and regulate a town-guard, who shall have the right

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to take up all disorderly persons within the town, and commit them to the guard-house, or common jail of the county, to be tried by the mayor's court the next day: Provided , That those arrested on Saturday shall not be tried until the following Monday. Town guard Sec. 17. That it shall be the duty of the marshal and his deputies, or either of them, to prosecute all offenders against the laws of this State, for crimes committed within the limits of the town, when said offenses are not within the jurisdiction of the mayor's court. Offenders against State law. Sec. 18. That, hereafter, it shall be the duty of all tax-payers and owners of real estate in the town of Jefferson, and they are hereby required, to make their returns, under oath, of the value of their property in said town, held in their own right, or in the right of others: Provided, always , That the mayor and any two members of the council shall have power to supervise all returns made by tax-payers, and if, in their opinion, any of such returns are incorrect in fixing the value of the property in the same, then to correct any such returns, thus incorrectly made, by affixing or assessing such higher value as, in their opinion, may be proper and right. Propertyhow returned. Sec. 19. That the mayor and council of the town of Jefferson shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the town, and upon all business, salaries and occupations, and upon all incomes from property within the town, upon agents or managers of any enterprise, and upon all other persons exercising within the town any profession, trade, calling or business of any nature whatever: Provided , That no tax upon real estate or stock in trade shall exceed one per cent. upon the value thereof. Municipal tax. Sec. 20. That they shall have power to compel each male inhabitant of the town, between the age of sixteen and fifty years, to work on the streets as many days each year as they require, or pay so much money as the mayor and council may determine, in lieu of such work, and, on their failure to do either, they may be forced to such work, not to exceed thirty days, or imprisonment, at the discretion of the mayor and council. Streetshow worked Sec. 21. That the said mayor and council shall have full power and authority to regulate, lay out, direct and control the streets, and grading the same, to assess a tax for the payment of the damages caused by the same, when the property of any person may be injured thereby, and that all streets, alleys, sidewalks, pavements and street crossings shall be under the control, power and direction of the said mayor and council, and they shall have full and complete power and right to direct the mode and manner and style in which all streets, crossings, sidewalks and pavements shall be constructed, paved or unpaved; and, in case of a failure or refusal

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of any property-owner, after notice, to comply with any ordinance passed by said mayor and council, in reference to the construction, paving or repair of said sidewalks, pavements or street-crossings, said mayor and council are hereby authorized and empowered to fine said owners, in a sum not exceeding one hundred dollars, and levy and collect the same by execution, or in the manner pointed out for the collection of fines, etc., in sections twelve and thirteen. Streetshow laid out, etc. Sec. 22. That the mayor and council, or a majority of the council, shall have power to elect a mayor pro tem. , who shall be clothed thereby with all the privileges and duties of the mayor elect, when and during sickness or absence of the mayor, upon taking the usual oath, and not otherwise; a judgment of acquittal or conviction, by the mayor, may be pleaded, and shall be a bar in any court for the same offense, provided the mayor has jurisdiction. Mayor pro tem. Sec. 23. That the mayor and council shall have authority, and they are hereby empowered with the right, of affixing the fees, costs and emoluments of the respective officers of the town, themselves included. Town officersfees. Sec. 24. Repeals conflicting laws. Approved August 14, 1872. (No. 147O. No. 223.) An act to incorporate the town of Jewell's Mills, in the counties of Warren and Hancock, and for other purposes therein named. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That, from and after the passage of this act, the town of Jewell's Mills, in the counties of Warren and Hancock, be, and the same is hereby, declared to be a town corporate, vested with such powers and privileges as are herein designated, not inconsistent with the Constitution and laws of this State, and of the United States. Incorporated. Sec. 2. Be it further enacted , That the corporate limits of said town shall be as follows: Beginning at a point on the lower public road leading from Sparta to Warrenton, south of said road where it crosses the Ogeechee river, about one mile north of Jewell's cotton and woolen mills; running thence due west one mile; thence south one mile and a half; thence east one mile and a half; thence north one mile and a half; thence west to the beginning point; that Daniel A. Jewell, Montgomery S. Medlock and Adam Cason, and their successors in office, be, and they are hereby, created a body

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corporate, with full power and authority to enact and enforce all ordinances and by-laws as they may deem necessary for the good government and order of said town, not inconsistent with the Constitution and laws of this or of the United States; to levy and collect taxes for the construction and repairs of the roads and bridges of said town, and to enforce the payment of the same by execution, and to compel all persons liable by the laws of this State to do road duty, residing in said town, to work on said roads and bridges; to punish by fine, not to exceed one hundred dollars, and by imprisonment in the common jail of the counties of Warren and Hancock, free from expense to said counties, all offenders against the laws of said townsaid imprisonment not to exceed twenty days; to administer oaths, attest deeds and other instruments in writing, and issue warrants as Justices of the Peace may now lawfully do; to appoint, annually, a marshal, and, in in their discretion, one or more deputies, for said town, and to sue and be sued by their corporate name. Limits of. Corporators Taxes. Offenders. Marshal. Sec. 3. Be it further enacted , That no spirituous liquors shall ever be manufactured or sold within the corporate limits of said town, nor shall any by-law or ordinance of said town have any binding force until it shall first be published for five days in two or more public places in said town; that on the resignation, death or refusal of either of the persons named in said body corporate, or their successors in office, to discharge the duties imposed by this act, an election shall be held in said town, in the manner pointed out by the laws of this State for holding elections, to fill said office; and all persons entitled, in this State, to vote, living within said corporate limits, shall be permitted to vote at said election: Provided , That notice for three days shall be given in said town, in one or more public places, previous to said election. The officers of said town, before entering on the duties of their offices, shall be first duly sworn according to law. Liquorsale of. Vacancies. Sec. 4. Repeals conflicting laws. Approved August 24, 1872. (No. 148.O. No. 271.) An act to repeal an act incorporating the town of Jonesboro, in Clayton county, and to reincorporate the same, and to provide for intendant and commissioners. Section 1. Be it enacted , That, upon the passage and approval of this act, the act of incorporation now of force for the town of Jonesboro, Clayton county, Georgia, be, and the same is hereby, repealed. Act repealed.

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Sec. 2. Be it enacted , That, from and after the passage of this act, said town of Jonesboro, in said county of Clayton, be, and the same is hereby, incorporated under the name and style of the Intendant and Commissioners of the Town of Jonesboro, and that the corporate limits of said town shall extend for the distance of one mile north, and one mile south, along the right-of-way of the Macon Western Railroad from the depot of said railroad company in said town, and the distance of one-half mile east, and one-half mile west from said railroad depot in said town; that is to say, said corporate limits shall extend two miles north and south along the Macon Western Railroad, and one mile east and west, forming an oblong square, with said railroad depot in the centre; and that John L. Doyal, Elisha L. Harris, William B. Stewart, Richard B. Humphrey, Jesse Anthony, A. A. Morris and W. H. H. Morrow, be, and they are hereby, appointed commissioners of said town, with power to elect one of their number intendant, who shall hold their offices until the first Saturday in December, 1872, and until their successors are elected and qualified. Incorporated. Limits of. Commissioners. Sec. 3. And be it further enacted , That, on the first Saturday in December, in each and every year, an election shall be held at the court-house, in said town, by any two free-holders thereof, and one Justice of the Peace or Notary Public of the county, for one intendant and six commissioners for said town, at which said election all citizens of said town entitled to vote for members of the General Assembly of this State shall be entitled to vote, and the person receiving the highest number of votes for intendant, and the six persons receiving the highest number of votes for commissioners, shall be declared duly elected intendant and commissioners for the town of Jonesboro, for the term of one year, and a certificate from the managers of such election shall be sufficient evidence of their election; and said intendant and commissioners shall, before entering upon the discharge of their duties, take and subscribe the following oath: I, A. B., do solemnly swear that I will faithfully discharge the duties of intendant (or commissioner, as the case may be) of the town of Jonesboro, to the best of my skill and ability, during my continuance in office; so help me God; and in case no election shall be held at the time appointed in this act, that then, at any time after ten days' written notice, posted at the court-house, signed by any seven freeholders of said town, of the time and place of holding said election, the legal voters shall proceed to elect such intendant and commissioners in the same way and manner as though the same had been done as prescribed in the body of this act. Election. Oath. Sec. 4. And be it further enacted , That said intendant and commissioners shall have full power and authority to provide for the working of the streets of said town, and in opening the same, and causing obstructions to be removed therefrom, and

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in abating nuisances of any description within the limits of said town; to levy taxes upon all the property of said town sufficient to defray the expenses of said town government, and to levy a commutation tax for street working, not exceeding three dollars per annum, or require the labor of all hands liable to road duty under the laws of this State, within said corporation, not exceeding fifteen days in each year, either at the discretion of said intendant and commissioners, and have exclusive authority to grant hotel licenses, billiard tables, livery and sale stables, restaurants, licenses to retail liquors in any manner, the same also to include traders, itinerant peddlers, shows of every description, except such as are exempted by the laws of this State, and also to include auctioneers, vendors of goods, wares or merchandise of any description, to be collected by the marshal of said town, under such rules and regulations as may be prescribed by the intendant and commissioners; they shall also have full authority to pass all laws and ordinances necessary to preserve the health, morals, peace and good order of said town, and to punish all violations of the morals, peace and good order of said town, by fine and imprisonment: Provided , Such fine shall not exceed fifty dollars, or imprisonment for thirty days, either or both, in the discretion of the intendant and board of commissioners; and they shall have full power and authority to enforce the collection of all fines imposed by imprisonment and labor on the public streets of said town at such reasonable price as the labor is worth, to be judged of by the intendant and commissioners, not to exceed thirty days' imprisonment for any one offense; they shall and may pass such other laws and ordinances as are necessary for the government of said town, which are not repugnant to the Constitution and laws of the United States, and of this State. Intendant and commissionersduty as to streets, etc. Licenses. Taxmarshal to collect. Ordinances. Fineshow collected. Sec. 5. And be it further enacted , That all persons, citizens of said town, and others who own property therein, who shall fail, neglect or refuse to pay any taxes assessed against him or them, then the clerk of said board of commissioners shall issue execution, signed by himself, and bearing test in the name of the intendant, against such defaulter, directed to the marshal or deputy marshal of said town, to be levied of the goods and chattels, lands and tenements of the defendant, or sufficient thereof to satisfy the demand and costs, who shall, after advertising the sameif it be personal property, fifteen days, and if real property, thirty daysin a public gazette of this State, expose the same to sale at public outcry, as in the case of constables' and Sheriffs' sales, and said clerk shall receive one dollar for issuing said execution, and the marshal shall be entitled to the same fees as are now allowed Sheriffs of this State for like services. Defaulting tax payers. Sec. 6. Be it further enacted , That said intendant and commissioners shall have authority to issue bonds in the name

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of the intendant and commissioners, and their successors in office, for a sum not to exceed ten thousand dollars, at such reasonable rate of interest, and to run for such length of time as may be fixed and agreed upon by the boardthe funds raised from the sale of which said bonds, to be used by the authorities of said town for educational purposes exclusively , and they shall have power and authority to tax the people and property of said town for the payment of the same with interest: Provided , That in no event shall the entire taxes levied upon the property for all purposes exceed one per cent., or one dollar on every one hundred dollars: And provided further , That the present, nor any future intendant and board shall issue any bonds whatever against said town, without first, after ten days' written notice, posted on the court-house in said town, submitting the matter of bonds or no bonds to the qualified voters of said town, in which said election or submission a majority of those voting shall control the action of the board in reference to issuing bonds against said town. Bonds for educational purposes. Proviso. Sec. 7. And be it further enacted , That said intendant and commissioners shall be, to all intents and purposes, a body corporate; shall have and use a common seal; sue and be sued; plead and be impleaded; to buy and hold real estate, such as may be useful and necessary for purposes of public use, parks, public buildings, etc. General powers. Sec. 8. And be it further enacted , That the said intendant and commissioners shall have authority each year to appoint three citizens, freeholders of said town, who shall be called assessors, and whose duty it shall be, annually, to make and return to said board a fair assessment of all the taxable property, within said corporate limits, for taxation, which shall be subject to taxation, at the rates assessed; and any citizen, or property-holder, who shall be dissatisfied with the assessment, shall have the right of appeal to the intendant and commissioners, whose decision shall be final. Assessors. Appeals. Sec. 9. And be it further enacted , That the intendant and commissioners of said town, at their first meeting after their election and qualification, or as soon thereafter as practicable, shall elect or appoint a marshalif necessary, a deputy marshaland a clerk, and to elect, from among their members, a treasurer, and such other officers as may be deemed necessary; they shall, also, at the same time, fix the salaries of the several officers, including the intendant, which, when fixed, shall not be changed during the municipal year or during their continuance in office; and they shall, within six months from the passage of this act, cause the limits of said town to be laid off and distinctly marked out by some competent surveyor, whose returns and field-notes shall be returned to said intendant and commissioners, and by them preserved of file and recorded on the minutes of said board. Officerssalaries of. Limits survey of. Sec. 10. And be it further enacted , That said intendant and each of said commissioners shall be ex-officio Justices of

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the Peace, for the purpose of issuing warrants against offenders against the laws and ordinances of said town; that the intendant shall preside alone at the trial of offenders, unless when absent or sick, in which event, any member of the board may preside, and from whose decision any offender may have the right of appeal to the board by paying costs and giving bond and security for his or her appearance before such board at such time as may be designated. Ex officio Justices of the Peace. Sec. 11. Repeals conflicting laws. Approved August 24, 1872. (No. 149O. No. 175.) An act to confer additional powers upon the corporate authorities of the town of Lincolnton, in the county of Lincoln, and for other purposes. Section 1. Be it enacted by the General Assembly , That the commissioners of the town of Lincolnton, in the county of Lincoln, shall have power to levy and collect, annually, a tax upon all the real property in said town, the amount thus raised to be expended by said commissioners for compensation of officers, improvement of streets, sidewalks, drainage, building bridges, planting shade-trees and other objects conducive to the health, prosperity and comfort of the citizens of said town. Tax on real estate. Sec. 2. Be it further enacted , That on the first day of November next, and annually thereafter, it shall be the duty of all persons owning real estate in said town, in their own right or in the right of others, and they are hereby required, within ten days thereafter, to make their return, under oath, to the clerk of said town, of the value of their real estate. Upon completion of the digest, the commissioners shall assess such per centum upon the taxable property as may be necessary to raise the required amount; and the treasurer of said town shall proceed to collect the same by the first Saturday in December thereafter, after giving notice, posted at the court-house door in said town. Returns. Sec. 3. Be it further enacted , That the commissioners of said town, and their officers, shall have the same powers to enforce the collection of said tax as are vested in State and county officers for enforcing the collection of taxes due the State and county. Collection of. Sec. 4. Repeals conflicting laws. Approved August 23, 1872.

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(No. 150O. No. 109.) An act to amend the charter of the town of Louisville, and to authorize the corporate authorities of said town to invest in the stock of the Louisville Branch Railroad Company. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same , That the chairman and commissioners of the town of Louisville, by an ordinance duly enacted for that purpose, be, and they are hereby, authorized to invest the funds of said town, not exceeding the sum of six thousand dollars, in the bonds and stocks of the Louisville Branch Railroad Company: Provided , A majority of the qualified voters of said town shall first approve said investment, at an election, as provided in the third section of this act. Town funds Proviso. Sec. 2. Be it further enacted , That, for the purpose of raising the funds contemplated in the first section of this act, said chairman and commissioners are hereby authorized to issue and sell the bonds of said town, which bonds shall be payable at any time not exceeding ten years from their date; shall draw interest at the rate of seven per cent. per annum; shall be signed by the chairman of said commissioners and countersigned by the secretary of the board, and shall be stamped with the seal of said town. Bonds may be issued. Sec. 3. Be it further enacted , That before said chairman and commissioners shall issue the bonds provided for in the previous sections of this act, they shall provide for an election by the qualified voters of said town, at the usual place of holding elections, and shall give notice thereof at least twenty days before said election, and shall make all other necessary provisions for a full and free expression of opinion by said voters, and shall issue said bonds only after a majority of said voters at such an election shall have approved the same. People to vote upon. Sec. 4. Repeals conflicting laws. Approved August 23, 1872. (No. 151O. No. 390.) An act to amend the several acts incorporating the city of Macon, and for other purposes. 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 municipal government of the city of Macon shall consist

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of a mayorwho shall receive a salary of $2,500 a yearand eight aldermentwo from each ward, residents thereofwho shall receive no compensation, who are hereby constituted a body corporate, under the name and style of the Mayor and Council of the City of Macon, 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, enjoy, possess and retain to them and their successors, for the use of the city of Macon, any estate or estates, real or personal, of whatsoever kind or nature, and shall, by the said name, be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the present corporation of the city of Macon, and the corporate limits of the city shall be the same as those now established by law: And be it enacted , That in all cases where the word council is used, in this charter, it shall be known to mean the eight aldermen of the city. Municipal government Seal. Corporate limits. II.DIVISION OF CITY INTO WARDS. Sec. 2. Be it further enacted , 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 stret 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, and Troup streets; then in a line along Second and Troup streets to the boundary line of 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 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

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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 continuation of Second street would intersect said line; thence along said Second street, and its continuation, to the point of beginning. Divided into wards. Ward 1. Ward 2. Ward 3. Ward 4. III.ELECTION OF MAYOR, ALDERMEN, TREASURER AND CLERK AND RECEIVER OF TAX RETURNS. Sec. 3. Be it further enacted , That on the second Saturday in December, eighteen hundred and seventy-two, (1872) and every two years thereafter, on said day, there shall be an election in the city of Macon for mayor; there shall, in like manner, be elected, annually, four aldermen, one from each ward, who shall hold their office for two years, except that at the next election, eight aldermen shall be elected, four to serve two years, and four to serve one year, and each voter shall vote for all aldermen to be elected at such election from all the said wards. There shall be annually elected, in like manner, two officers, who shall be calledone, treasurer, whose salary shall be $2,000, in full of all fees or other compensation; and the other, clerk and receiver of tax returns, whose salary shall be $2,500, in full of all fees or other compensation; the duties of the clerk and receiver, and treasurer, shall be defined by the mayor and council, in all cases not already pointed out and defined by this charter. At all municipal elections by the people, the polls shall be opened at eight o'clock A. M. and closed at six o'clock P. M. Election. Salaries. Sec. 4. Be it further enacted , That all persons qualified to vote for members of the State Legislature, in the county of Bibb, and who shall have paid all taxes legally imposed and demanded by the authorities of the city, and who shall have resided three months within the jurisdictional limits of said city, shall be qualified to vote at said election for mayor and aldermen. Voterswho may be. Sec. 5. Be it further enacted , That the mayor and council shall appoint three electors, who shall be freeholders, as managers of said election in each ward, whose duty it shall be to receive, count and verify the number of votes polled. Each of said managers, before entering upon his duties, shall take an oath, before some Justice of the Peace, that he will faithfully and impartially conduct said election and prevent all illegal voting, to the best of his ability and power. Managers. Oath. Sec. 6. Be it further enacted, etc. , That if any person, offering to vote at said election, is challenged, he shall take the following oath: I do solemnly swear that I have attained the age of twenty-one years; that I am a citizen of the State of Georgia, and have resided for the last three months in the city of Macon; that I have paid all taxes legally imposed and demanded of me by the city of Macon, and that I have not

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voted at any other polling-place this day; so help me God. Any person voting illegally at said election shall be liable to the same penalties as are prescribed by the laws of this State for illegal voting in the State and county elections. Voteroath of. Illegal voting. Sec. 7. Be it enacted, etc. , That the persons who shall receive the highest number of votes for mayor and aldermen, and also for clerk and receiver, and for treasurer, shall be declared duly elected, and shall be inaugurated and enter upon their duties on the first Monday in January following each election. Who declared elected. Sec. 8. And be it enacted, etc. , 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. Shall publish names of managers. Sec. 9. And be it enacted, etc. , That it shall be the duty of the clerk and receiver of the city of Macon to open a list for the registration of voters on the 13th day of August in each year, the registry list to close on November 1st, at 8 P. M., 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; the list to be posted at the city hall, on Tuesday before election; it shall be the duty of the city clerk and receiver 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, and post up three copies in each ward. Registration lists. Electors to vote in ward of residence. Sec. 10. Be it enacted, etc. , That in case of any vacancy among the members of council, either by death, resignation, failure to elect, removal from office, or removal from the city or ward, the mayor shall advertise a new election to fill the vacancy; and in case of the death of the mayor, his resignation, removal from office or removal from the city, the city council shall order an election for filling the vacancy, in each case giving ten days' notice in the public gazettes of the city. Vacancies. Sec. 11. Be it enacted, etc. , That, after the votes for mayor and aldermen, and treasurer, and clerk and receiver, at any election, shall have been counted by the managers, they shall cause two certified copies of the tally-sheets to be made out, one of which shall be handed over to the mayor, for the time being, and the other shall be retained by the managers; and so soon as the mayor, as aforesaid, shall be informed of the result of said election, he shall cause the persons elected to be notified of the same; and the mayor and each member of the council shall take and subscribe, before a Justice of the Peace,

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or other judicial officer, the following oath: I, A. B., do solemnly swear that I will well and truly perform the duties of (mayor or member of the council, as the case may be) the city council of Macon, by adopting such measures as shall, in my judgment, be best calculated to promote the general welfare of the inhabitants of the city of Macon, and the common interest thereof; so help me God; and shall, on the first Monday of January next thereafter, enter upon the duties of their offices. Tally sheets. Oath. IV.MAYOR PRO TEMPORE. Sec. 12. Be it enacted , That the said mayor and council, or a majority of the council, shall elect a mayor pro tem. , who shall be clothed thereby with all the rights, privileges and duties of the mayor elect, when and during the sickness or absence of the mayor, upon taking the usual oath, and otherwise; and if the mayor pro tem. , as well as the mayor elected by the people, should both be unable, from any cause, to attend to their duties, the council shall elect another mayor pro tem. , who shall thereby be clothed with all the rights, powers and duties of mayor of the city, upon taking the usual oath, and who shall serve only during the absence of the mayor. A judgment of acquittal or conviction by said mayor may be, and shall be, pleaded in bar in any court for the same offense, provided said mayor has jurisdiction. Mayor pro tem. V.QUALIFICATIONS OF MAYOR AND ALDERMEN; ALSO, POWERS, ETC., AS INDIVIDUAL OFFICERS. Sec. 13. Be it enacted, etc. , That no person shall be eligible as mayor of the city of Macon unless he be of the age of twenty-five years, a citizen of the United States, and shall have resided in said city for two years immediately preceding his election; and no person shall be eligible as a member of the city council unless he shall have attained the age of twenty-one years, and shall have the other qualifications specified in the case of mayor, shall have resided in the ward from which elected six months. Any alderman removing from his ward shall thereby vacate his seat; and no person shall be eligible as treasurer or clerk and receiver unless he shall have all the qualifications specified in the case of mayor. Mayorwho eligible. Members of council. Sec. 14. Be it enacted, etc. , That the mayor and members of the council, and each and all of them, shall be bound to keep the peace, and shall be ex-officio Justices of the Peace, so far as to enable them to issue warrants for offenses committed within the city of Macon; and shall have power, on examination, to commit the offender or offenders to jail, or bail them, if the offense be bailable, to appear before the Superior Court of the county of Bibb. Mayor and aldermenpowers of.

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Sec. 15. Be it enacted, etc. , That in case the mayor, or any member of the council, while in office, shall be guilty of any willful neglect, malpractice or abuse of the power confided to him, he shall be subject to be indicted before the Superior Court of the county of Bibb, and, on conviction, shall be fined in a sum not exceeding five hundred dollars, and shall moreover be removed from office; he shall not exercise any of the duties of his office pending the action of the Superior Court; and the said fine shall be paid to the city treasurer for the use of the city; that the mayor shall have general supervision and control of the city, its affairs and its officers, and he shall be held responsible for the good management, as well as the proper and efficient working, of every department of the city government, when not overruled in his action by a majority vote of the aldermen; the mayor shall be required to make out and publish annually a full report, showing the exact condition of the city, and its financial affairs; this report shall be printed in pamphlet form, and embrace the reports of the treasurer and clerk, and receiver; in all cases where a difference of opinion shall arise between the mayor and the board of aldermen, and such shall become a test question in council assembled, it shall require a majority vote of the entire board of aldermen to pass such a measure over the disapproval of the mayor; the yeas and nays shall be recorded in all such cases; that in all cases where a direct appropriation of money is to made by council, other than ordinary expenses of the city, it shall require a three-fourths vote of all the aldermen to make such appropriations, the yeas and nays to be recorded: Provided , That in all such cases, such appropriation shall be made in conformity to this charter; that in all cases where a division of opinion shall arise among the aldermen upon any question of ordinary business, or in the appointment or election of officers, a majority vote shall rule, and in case of a tie, the mayor shall give the casting vote; that the mayor, nor any member of the board of aldermen, shall be accepted as security on the bond of any officer appointed or elected by the board; nor shall the mayor, or any member of the board of aldermen, be directly or indirectly interested in any contract, office or appointment to be made with or derived from the board, which shall have annexed to it any pecuniary advantage or emolument; and no person shall be eligible to any office in the city who has been guilty of malpractice while in office; the mayor and council shall hold regular meetings, once a week, and the seat of any alderman, who shall be absent for three consecutive meetings, whether regular or called, shall be declared vacant by a majority vote of the mayor and council, unless a sufficient excuse, in the opinion of the mayor and council, shall be made. Neglect, malpractice, etc. Annual report. Appropriation of money. Proviso. Bonds of officers. Contracts.

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VI.POLICE FORCE. Sec. 16. Be it enacted, etc. , That a chief of police shall be elected annually by the mayor and aldermen of said city, who shall receive a salary of $2,000 a year, in full of all fees or other compensation or allowances; he shall furnish and feed a horse at his own expense. The term of office of said chief of police shall be one year, and he shall give a bond, with two or more good securities, in the sum of ($10,000) ten thousand dollars, for the faithful performance of his duties as chief of the police of the city of Macon. He may be dismissed at any time, by the vote of a majority of the mayor and council, for malpractice in office, neglect of duty, drunkenness, or other improper conduct, to be judged of by the mayor and council; and in this event, a successor shall be elected to fill his unexpired term. In case of the resignation, death, dismissal or disability of the chief of police, the police officer of said city next in rank shall perform the duties of said officer until the removal of said disability, or until a successor shall have been elected to fill the unexpired term. Chief of Police. Term of office. Vacancy. Sec. 17. Be it enacted, etc. , That, in addition to the chief of police, the police force of the city of Macon shall consist of such officers and men as the mayor and council shall deem necessary, who shall be appointed by the mayor and confirmed by the aldermen. Such officers and men of said police force shall at all times be subject to removal by the mayor for any cause by him deemed sufficient: Provided , That, upon appeal taken, three-fourths of the aldermen of said city may disaffirm said removal: And provided further , That the said mayor and council may at any time increase or decrease the number of said police force as they may deem proper. Police forceto consist of whom. Sec. 18. Be it enacted, etc. , That the mayor and council shall have power to pass all such ordinances and adopt all such rules and regulations necessary for the efficiency and discipline of said officers and men of the police, and said officers and men shall have the power and authority to arrest all persons in said city guilty of disorderly conduct or public indecency, all persons violating the ordinances of the city, and all persons committing, or attempting to commit, any crime, and bring them before the mayor, or some proper officer, to be dealt with according to law: Provided , That all persons desiring to give bail for their appearance before court, and to keep the peace, shall be allowed to do so if the offense is bailable; the bond given for the appearance of the accused before the mayor's court shall be forfeited in the mode pointed out by law for the forfeiture of bonds in the Superior Court. Ordinances, rules, etc. Proviso. Sec. 19. Be it enacted, etc. , That it shall be the duty of the chief of police of the city, upon notice in writing from

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the mayor, or any member of council, to prosecute all offenders against the laws of this State, for crimes committed within the limits of the city of Macon, and, in case any offense shall be committed in the presence of said chief of police, or within his knowledge, it shall be his duty to prosecute without such notice. Crimes against the State. VII.TREASURER, CLERK AND RECEIVER OF TAX RETURNS. Sec. 20. Be it enacted, etc. , That the clerk and receiver, and also the treasurer, of the city of Macon shall each give bond, with two or more securitiesthe clerk in the sum of twenty thousand dollars, and the treasurer in the sum of twenty-five thousand dollarsconditioned for the faithful performance of his duties, and each shall take an oath that he will, to the best of his skill and power, perform the duties of his office without favor or affection; the clerk and receiver, and also treasurer, shall make out monthly reports of receipts and expenditures, itemized, giving dates, amounts, to whom and for what paid and received, and have the same published in one of the gazettes of the city of Macon; the clerk and receiver, and also treasurer, in addition to his monthly reports, shall also make out and publish, in two of the city papers, annually, a full statement and balance-sheet, showing the transactions for the year, the amounts received and paid out, and also the bonds and other debts, and general financial statement of the city; the clerk and receiver shall advertise and sell all property ordered to be sold by the mayor, or mayor and council, whether under execution or otherwise; no money shall be paid out by the treasurer, until approved by the finance committee, passed by the council, and then ordered paid by the mayor; the clerk and receiver and treasurer shall be removed for same causes and in the same manner as the chief of police; the clerk and receiver and treasurer shall each have an office in the city hall, and shall be in their offices each day from nine to one, and from three to six, unless necessarily absent on their official business. Officersbond. Reports. Shall advertise property. Removal of officers. Sec. 21. Be it enacted, etc. , That all money shall be disbursed from the city treasury in the following, and in no other manner: all bills shall first be passed on by the finance committee, and a resolution of council passed directing the payment of the same, which resolution shall state the amount to be paid, the purpose for which and name of the person to whom payment is to be made. The clerk shall draw a warrant on the city treasurer for the amount, in favor of the person named in the resolution, stating, also, in such warrant, the purpose of the payment, and shall retain in his warrant book a memorandum of the same particulars. This warrant, being first signed by the mayor and city clerk, shall be presented to the treasurer, who shall indorse on the back of said

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warrant, directing it to be paid by the depository of the city funds, and take a receipt from the payee, which receipt the treasurer shall file away as his voucher. Money how disbursed. Clerk shall draw warrant. Sec. 22. Be it enacted, etc. , That all moneys received by any officer or agent of the city, which should be paid into the city treasury, including all taxes, licenses, fees, fines, penalties and forfeitures, shall be paid to the city treasurer by such officer, within twenty-four hours after he receives the same, taking a receipt therefor; and the city treasurer shall, within twenty-four hours thereafter, deposit the same to the credit of the city treasurer, with the city depository, to be drawn thence only in accordance with lawthe city depository to be designated and selected by the mayor and council. Money received for cityto whom paid. VIII.CITY ATTORNEY, CITY ENGINEER, SEXTON AND OTHER OFFICERS. Sec. 23. Be it enacted, etc. , That the said mayor and council shall elect, annually, a city attorney, whose salary shall be fixed by the mayor and council; they shall elect a city engineer, who shall also be superintendent of public works, and such other officers for the city, not hereinbefore enumerated, as they may deem proper: Provided , That nothing herein contained shall be construed to require the election of said officers, or to prevent their dismissal, whenever their retention is not deemed, by said mayor and council, to be to the interest of the said city. City attorney. City engineer. Sec. 24. Be it enacted, etc. , That there shall be a city sexton, who shall be elected annually, by the mayor and council, and who shall be subject to removal in the same manner and for like causes as other officers. City sexton. Sec. 25. Be it enacted, etc. , That the mayor and council of the city of Macon shall have the power and authority to establish the salaries of all the officers and employees of the city, not otherwise provided for by this charter; to take their bonds for the faithful performance of their duties, and to prescribe their duties and their oaths; all salaried officers shall be confined to their respective salaries, and in no case shall extra compensation, costs or fees be allowed, except the fees paid to the city sexton, and such other officers as have no salaries. Salaries. Sec. 26. Be it enacted, etc. , That the mayor and council may establish the fees of the city engineer and other officers, in their discretion, which, when collected, shall in every case be paid into the treasury for the use of the city. Fees to go into treasury. IX.TAXATION. Sec. 27. Be it enacted, etc. , That the mayor and council of the city of Macon shall have power and authority to levy and

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collect a tax upon all property, real and personal, within the limits of the city; upon banking, insurance and other capital employed therein; upon salaries in excess of $2,500, and upon gross sales of commission merchants, auctioneers and vendue masters: Provided , That no tax upon real or personal estates shall exceed one per cent. upon the value thereof, except for the purpose and as hereinafter provided; they shall have power to levy and collect a tax upon factors, brokers and vendors of lottery tickets, upon agents or managers of gift enterprises, and upon all other persons exercising within the city any profession, trade or calling, or business of any nature whatever: Provided further , That the tax upon professions shall in no case exceed the sum of ten dollars upon each person exercising such professions; all taxes shall be due and collectable quarterlysay, on the first days of March, June, September and December in each year. Taxupon what assessed. Proviso. Sec. 28. Be it enacted, etc. , That the said mayor and council of the city of Macon shall have power to tax all theatrical performances, exhibitions or shows of any kind within the corporate limits of said city. Tax on shows. Sec. 29. Be it enacted, etc. , That the said mayor and council shall have power to levy and collect a street tax upon each male inhabitant of the city, between the ages of sixteen and forty-five years: Provided , That such tax shall not exceed the sum of three dollars for each person, and such person may satisfy the same by working five days on the streets under the direction of the superintendent of streets; and in case of failure or refusal so to work or pay such tax, the mayor and council may enforce the same by execution. Street tax. Proviso. Sec. 30. Be it enacted, etc. , That the said mayor and council of the city of Macon shall appoint assessors annually to value the real and personal property, household and kitchen furniture excepted, of said city for taxation; there shall be three assessors, freeholders, no two of whom shall reside in the same ward, who shall not be members of the council; and all taxes levied by said mayor and council shall be collected as follows: the assessment shall be made between the first days of January and March of each year, and execution shall be issued by the treasurer of the city, directed to the clerk and receiver of taxes of the city, against the estate, real and personal, of the defaulter; and the clerk and receiver of taxes shall proceed to levy the same; and, after advertising for thirty days, shall sell the property levied on before the court-house door of the county of Bibb, on a regular Sheriff's sale day, and between the legal hours of Sheriff sales; the said clerk and receiver of taxes shall put up said property and shall offer the same in parcels until he gets a bid sufficient to pay the taxes due, and shall then knock off the property to the purchaser and make him a deed, which shall be as effectual to pass the title as the deed of the person against whom said execution

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was issued: Provided , That any tax-payer shall have the right to appeal to the mayor and council from the assessment of the assessors, and the decision of the mayor and council shall be final: Provided further , That the right to redeem property so sold shall be allowed for thirty days. Assessors annually appointed. Defaulters. Proviso. X.LICENSES. Sec. 31. Be it enacted, etc. , That the said mayor and council of the city of Macon shall have the sole and exclusive right of granting licenses to retail liquor in the city of Macon, and of fixing the rates of such licenses, and the terms upon which they shall be issued; of declaring said licenses void when said terms are not complied with; they shall, also, have power to license, regulate and control all ten-pin alleys within the city, and to remove the same when they become nuisances; also, to control and limit the sale and use of gunpowder and fire-works. Licenses retail liquor Ten-pin alleys, etc. Gunpowder Sec. 32. Be it enacted, etc. , That the said mayor and council shall have power to license auctioneers and vendue masters, annually, for the city, charging therefor such sum as they may deem proper, and to tax all goods sold on commission, or at auction, within the limits of the city. Auctioneers Sec. 33. Be it enacted, etc. , That the mayor and council of the city of Macon shall have power to license all vehicles, and to limit the rates of freight and passage on the same, within the city, all hotels, boarding houses and restaurants, all barber-shops, bar-rooms, billiard-tables, ten-pin alleys, and they shall have power, also, to license all other establishments not herein provided for, and not otherwise taxed. Vehicles, hotels, etc. Sec. 34. Be it enacted, etc. , That the mayor and council of the city of Macon shall have power to license the sale of fresh meats, and other articles usually sold at the markets, at places other than the markets of the city, and, if they deem proper, to grade said license according to the amount of said sales: Provided , That in no case shall said licenses be less than the amount which would be received if said business was conducted at the markets of the city. Fresh meats, etc. Sec. 35. Be it enacted, etc. , That the mayor and council may, should the exigency arise, in their opinion, levy and collect an extra tax of one half of one per cent. upon all property, both real and personal, within the city, the same to be applied only to the redemption of the city currency or change bills: Provided , That the extra taxes shall only be levied and collected for the years 1872, 1873 and 1874: And provided further , That the city currency, or change bills, when redeemed, shall be destroyed, and not reissued. Extra tax. Proviso. Sec. 36. Be it enacted, etc. , That no bonds of the city of Macon, other than those already issued and those authorized by this act, shall be legal, nor shall any other be issued for

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any purpose, except upon the vote of a majority of the council, ratified by a vote taken, by ballot, of two-thirds of the legal voters of said city, who shall vote at an election ordered for this purpose, after giving ten days' notice in the city papers; nor shall the said mayor and council subscribe for the stock of railroads, or other internal improvements, except upon a like vote; nor shall the said mayor and council hereafter make and issue any bills, notes or other security, in the form of currency, and intended to circulate as such. Bonds. XI.MARKETS AND STREETS, LIVERY STABLES, FIRE COMPANIES, ETC.POWER OF MAYOR AND COUNCIL TO CONTROL AND ABATE NUISANCES. Sec. 37. Be it enacted, etc. , That the said mayor and council of the city of Macon shall have full power and authority to remove, or cause to be removed, any buildings, posts, steps, fence, or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks, or public squares in said city; they shall further have power to establish a market, or markets, in the city of Macon, and to pass such ordinances as may be proper and necessary for the regulation of the same; they shall have power to license, regulate and control all hotels and public houses within the city; they shall have power to inspect and regulate all privies, butcher-pens and slaughter-houses within the city, and remove the same if they shall become nuisances or injurious to the health of the city; they shall have power to license drays and regulate the same: And further , The said mayor and council shall have full power and control over all livery stables, pumps, fire companies and engines within the said city. Obstructions. Market. May license hotels, etc. Sec. 38. Be it enacted, etc. , That the said mayor and council of the city of Macon shall have power to remove any forge or smith-shop when, in their opinion, it shall be necessary to insure safety against fire; they shall have power to cause any stove, stove-pipe, or other thing which shall endanger the city as to fire, to be removed or remedied, as their prudence shall dictate; and they shall annually appoint from the underwriters, or other citizens, a committee of three, who shall inspect all such nuisances and report the same to council for their action. Smith shops Sec. 39. Be it enacted, etc. , That no person, or body corporate, shall, at any time hereafter, open, lay out or extend any street, alley, lane, or open square, contrary to the original plan of said city, without the consent of three-fourths of the council at a regular meeting; and any application of this kind shall be published for one month before the final action of the council thereon. New strrets, alleys, etc. Sec. 40. Be it enacted, etc. , That in all cases of encroachment upon streets, lanes or alleys in said city, the said mayor

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and council shall have power to remove the same upon reasonable notice, or to permit and sanction the same for a fair and reasonable compensation in money, to be paid into the city treasury, said mayor and council having due regard to the interests of the property-holders who may be affected thereby, provided the consent of the property-holders immediately affected thereby has been first obtained. Encroachments upon streets. Sec. 41. Be it enacted, etc ., That streets over ninety feet wide shall be narrowed in the following manner: that whenever the owners of a majority of the property on any street, over ninety feet in width, desire to have said street narrowed, and to erect or construct a building or buildings, or fence, thereon, they shall make application, in writing, to the mayor and council, stating the kind of improvements they propose to make, and the mayor and council shall direct the city engineer to furnish said party with the grade and line in front of said lot or lots; and all persons coming out on the line must conform to the proper grade and line, and curb, gutter and fix a good sidewalk, and plant trees in front of their lot, said work to be done under direction of the city engineer. Should any person fail to make good sidewalks, curb and gutter said streets as aforesaid, then the city engineer shall proceed to have the work done at the expense of the owner, in the following manner only: he shall advertise for bids for not less than ten days, and the work must be let out to the lowest responsible bidder, or he may reject any or all bids, and re-advertise; that the work and the expenses for doing said work shall be a lien against such lot or lots of land, and the city clerk and receiver shall proceed to collect said assessments in the same manner as taxes. The parts of the streets taken in shall belong to the adjoining lots, and be subject to taxation. Streets [Illegible Text] 90 feet [Illegible Text]. Sidewalks, [Illegible Text]. Sec. 42. Be it enacted, etc ., That any street or alley may be graded or widened in the following manner: that whenever a majority of the property-owners in said block petition the mayor and council for the widening of any street or alley, or grading any street or alley, the mayor and council shall direct the city engineer to make a survey and establish the grade of said street or alley. Should the widening of said street or alley damage any lot or lots of land on the line of said street or alley, the mayor and council shall appoint three discreet persons, who shall be freeholders, but must not be interested in any lot or lots of land on said street or alley, who shall be sworn to assess the damages and benefits to the property along the line of the street, and said damages to be paid by the property on said street or alley, and in no event by the city, except to equalize the benefits and damages; but the city shall collect the benefits as taxes are collected, and pay over the same to the persons damaged; and should any person feel aggrieved with the award of said assessors, he or they shall have the right of appeal to the mayor and council,

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and their action shall be final in the premises. Should any owner of lot or lots elect to do the work or make the improvement in front of their lot, they shall be authorized to do so, but must do it under the direction of the city engineer. Should any person fail to make said improvements, the city engineer shall proceed to have the work done, in the same manner as in the preceding section, and the expenses shall be collected in the same manner as taxes. Streets[Illegible Text] graded. [Illegible Text]. [Illegible Text]. Improvements. Sec. 43. Be it further enacted , That the mayor and council shall direct the city engineer to proceed, at the earliest practicable moment, to make surveys and establish grades for streets within the corporate limits of the city, and when such grade has been established, and any street or streets have been graded, or any buildings or improvements made in accordance to said grade, then the grade shall only be changed by the consent of the owners of a majority of the property along the line of said streetthe owners thereof giving their consent in writing; the owners of any property damaged by the change of grade, to be paid for the same by the property benefited on said street, so as to equalize the damage, and the proceedings for such change of grade shall correspond as nearly as may be to the proceedings for opening streets or alleys: Provided, however , That, when a change of grade is made necessary for the purposes of sewerage, such change may be made by the mayor and council, without the consent of the owners aforesaid, and the mayor and council shall have full power over all the streets in the corporate limits, and all streets that may be hereafter opened; should the corporate limits be extended, to widen, pave, curb, gutter, grade, sewer and repair the streets. Grades of streets. Damages. Proviso. Sec. 44. Be it further enacted , That the mayor and council shall direct the city engineer to proceed to establish, revise and amend the plan of sewerage for all the streets that now are, or may hereafter be, opened in the city of Macon in which public sewers have not been constructed, and on such plan as shall be designated, each main sewer and each lateral sewer, and size thereof, and all sewers to be constructed, shall be in accordance with such plan; the proceedings for constructing any sewer shall correspond, as far as practicable, with the proceedings for grading or opening streets or alleys: Provided , That the assessment shall be borne by the city at large, and all property draining through said main sewer shall be assessed pro rata , according to the area, to pay the other two-thirds, and the assessment shall be collected in the same manner as city taxes; all property fronting on the main sewer shall be assessed, in addition to their proportion, what would be necessary to construct a lateral sewer, so as to make the assessments as nearly equal as possible. Sewerage. Sec. 45. Be it further enacted , That all streets, alleys, sidewalks, pavements and street-crossings shall be under the

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control, power and direction of the mayor and council, and they shall have full and complete power and right to direct the mode and manner and style in which all street-crossings, sidewalks and pavements shall be constructed, paved or improved, and, in case of failure or refusal of any property-owner, after notice, to comply with the ordinance passed by said mayor and council in reference to the construction, paving or repairs of sidewalks, pavements or street-crossings, said mayor and council are hereby authorized and empowered to direct their officers, or persons in their employment, to carry out and execute the provisions of said ordinance, in reference to sidewalks, pavements and street-crossings, at the expense of the owner so refusing or failing to comply with said ordinance, and the said mayor and council are hereby empowered to issue, levy and collect, by execution, the said bill of expense against the said property. Streets, sidewalks, etc. Sec. 46. Be it further enacted , That the said mayor and council shall have power to compel the owners of property, in such parts of the city as they may select, to pave the sidewalks in their front, in a durable and substantial manner; they may impose penalties for the neglect or refusal to pave the same, and shall have power to enforce the collection of such penalties by executions as for city taxes; or they may cause such sidewalks to be paved at the expense of the city, and collect the amount thus expended by execution against the property; the grades, width and construction of all sidewalks and gutters shall be established and directed by the city engineer. Sidewalkspavement of Sec. 47. Be it further enacted , That the said mayor and council shall have power and authority to control the markets and marketing within the city; they may establish one or more markets within the city, and regulate the same; fix the hours of sale therein, prohibit the sale of marketable commodities elsewhere within the city, and to pass all ordinances necessary and proper to regulate the markets and marketing within the city. Markets. Sec. 48. Be it further enacted , That the said mayor and council of the city of Macon shall have the power to cause the owners of lots within the city to drain the same, or to fill the same to the levels of the streets or alleys on which said lot or lots are fronting; also, to compel the owner or owners of cellars, occasionally holding water, to cause the same to be emptied of the water, or filled up if necessary; and in case the owner or owners of said lot or lots shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of the said mayor and council by filling up said lots or cellars, or by draining the same, it shall be lawful for the said mayor and council to employ some person to do the same; and, for the amount so expended, the city treasurer shall forthwith issue an execution against the owner of said property,

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to be collected from said lot or any other property belonging to him; and a sale under said execution, by the clerk and receiver, shall pass absolute title to the property sold. Lots and cellars to be drained. XII.HORSES, CATTLE, ETC., RUNNING AT LARGE. Sec. 49. Be it further enacted , That the mayor and council of the city of Macon shall take up and impound any horses, mules, cattle, hogs, goats and other animals running at large within the limits of said city, and may pass such ordinances as may be deemed by them necessary for the proper regulation of stock within the city; and it shall not be lawful to obstruct the streets, alleys or sidewalks with wagons, carts or other vehicles, stock, teams, horses, mules, or other animals, in any way whatever. Stock running at large XIII.RIOT, INSURRECTION, ETC. Sec. 50. Be it enacted, etc ., That the said mayor of the city of Macon shall have the power and authority, in case of riot, rebellion or insurrection in the city of Macon, to call out the several volunteer companies, and appoint and swear in special police, to aid in suppressing such riot, rebellion or insurrection; and it shall be the duty of the captains, and other officers of said companies, to obey the orders of said mayor, for said purposes, and, for disobedience, they, and each of them, shall forfeit their commissions. Riots, etc. XIV.FIRE LIMITS. Sec. 51. Be it enacted, etc ., That said mayor and council shall have power to establish and fix fire limits, and, from time to time, in their discretion, to extend and enlarge the samewithin 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 whatever, and, should any one erect, or cause to be erected, within such fire limits so established, any buildings or other structures of any kind, other than fire-proof, the 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 structuresto be collected by execution, as in other cases; and said mayor and council shall have power to determine what buildings or other structures are, or are not, fire-proof; this section shall not be varied in favor of any person or persons whatever. Fire limits. XV.INSPECTORS OF WEIGHTS AND MEASURES IN THE CITY. Sec. 52. Be it enacted, etc ., That said mayor and council of the city of Macon shall appoint inspectors of the weights

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and measures in use in said city, and fix fees for the same, which shall be paid by the parties using said weights and measures; also, to regulate and to fix the manner in which wood, coal and other fuel in the city shall be sold. Inspectors of weights, etc. XVI.GENERAL POWERS OF MAYOR AND COUNCIL IN PASSAGE OF ORDINANCES, ETC. Sec. 53. Be it enacted, etc ., That the mayor and council of the city of Macon shall be vested with full power and authority, from time to time, to make and establish such by-laws, rules and ordinances respecting streets, lanes, alleys, and open courts, the market and marketing, wharves, public houses, carriages, wagons, drays, livery stables, pumps, fire engines, and for regulating and controlling disorderly people, and, in general, every rule and ordinance that shall appear requisite and necessary for the security, welfare, health and convenience of said city, or for preserving the peace, order and good government of the same; and they are also vested with all powers and authority within the jurisdiction of said city, which, by law, are vested in the commissioners of roads and streets. By-laws, rules and ordinances. XVII.MAYOR'S COURT. Sec. 54. Be it enacted, etc ., That the mayor and council shall have power to continue the mayor's court, and the mayor or acting mayor shall preside therein, and hold sessions daily, or as often as may be necessary to clear the guardhouse; he shall have cognizance of all offenses against the ordinance of the city, and may punish all violations of such ordinances to the extent of a fine of two hundred and fifty dollars and imprisonment for one month, or by compulsory labor on the public streets for not more than ninety days, or in the work-house for the same time; and the said mayor and council shall have full power and authority to pass all ordinances necessary and proper to carry into effect the powers herein granted. Mayor's court. Jurisdiction Sec. 55. Be it enacted, etc ., That the mayor of the city of Macon shall have power to impose fines for violation of any ordinance of the city, passed in accordance with its charter, to the amount of two hundred and fifty dollars, and to imprison offenders in the common jail of Bibb county, or in the city barracks, for the space of one month; the said fine, after being regularly assessed, shall be collected by execution to be issued by the city clerk and receiver, against the estate of said offender, if any to be found; if none, the offender may be imprisoned as before provided. Fines and imprisonment. Sec. 56. Be it enacted, etc ., That, in addition to the powers already granted to the mayor's court of said city, said court

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shall have jurisdiction to try offenses committed in said city against the penal laws of the State, of the grade of misde-meanors, as follows: larcenies, where the amount stolen is less than one hundred dollars in value; vagrancy, breaches of the peace, illegal selling of ardent spirits and offenses against the public decency and morality; and, upon conviction, said court shall have power to impose such penalties as are prescribed in the penal code of this State for such offenses: Provided , That any person charged in said court, under this act, with any of the offenses against the laws of this State, may demand a trial by jury, in which case it shall be the duty of the mayor, if the evidence shall warrant it, to commit said person, in default of bail, to appear before a court of competent jurisdiction, in the county of Bibb, to answer said charge: And provided further , That nothing herein contained shall be construed to take from said mayor's court the right to try persons charged with violating the ordinances of the city against fighting or disorderly conduct, or the illegal selling of ardent spirits, or public indecency in said city. A conviction or acquittal in said mayor's court shall be a good plea to any subsequent prosecution for the same offense in any other court in said county. Offenses against penal Code. Proviso. XVIII.TOWN COMMONPOWER TO SELL OR LEASE. Sec. 57. Be it enacted, etc ., That the said mayor and council of the city of Macon shall have power to lease or sell any portion of the town commons, or reserve, except that portion of the reserve now known and enclosed as Central City Park, which shall never be sold; nor shall it, or any portion of it, ever be leased, except by a majority vote of the mayor and council; and in no case shall it, or any part of it, be leased exclusively and entirely to any one party or parties for a longer term than five years; and in no case shall such lease work to the disadvantage or inconvenience of the public good of the city, or prevent the free use of the same as a park by the citizens of Macon, at all times, except on occasions when fairs or other exhibitions are held there, for which admission fees are charged by the city or the lessee: Provided , That in no case shall the absolute control of the half-mile track, with its park and buildings attached, ever pass out of the hands of the mayor and council. Safe conditions must always be incorporated in any lease given: And provided further , That any and all rents derived from the lease of Central City Park, or any of its houses or grounds, shall be paid at once into the treasury of the city, for the use of the city or the improvement of the park. Town commons. City park. XIX.CITY BRIDGE. Sec. 58. Be it enacted, etc ., That the said mayor and council of the city of Macon shall have the power and authority to

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pass all rules and ordinances necessary for the protection and preservation of the bridge across the Ocmulgee river at Macon, or any other bridge that may be built across said river by said city, and shall regulate the tolls of the same, and damage or injury done said bridge shall subject the offender to indictment and punishment in the Superior Court of Bibb county for malicious mischief. City bridge. Tolls. XX.RESERVE. Sec. 59. The Reserve on the Ocmulgee river having been acquired from the State by the city of Macon: Be it enacted, etc. , That the limits of the city of Macon are hereby extended so as to embrace the portion of the land below the city known as the Reserve, and the said mayor and council shall have full power and control over the said reserve and the city common, and pass all ordinances necessary and proper for the draining and improvement of the same, and the preservationof the health of the city. The reserve XXI.CEMETERIES. Sec. 60. Be it enacted, etc. , That the mayor and council shall have full power and authority to control, in all respects, the city cemeteries, and to determine and fix whether any, and, if any, what kind of fences or other structures shall be erected therein. City cemeteries. Sec. 61. Be it further enacted , That this charter shall not go into effect until the same shall have been ratified by a vote of a majority of the legal voters of the city of Macon, at an election to be held for said purpose, which said election shall be held at the city hall in the city of Macon, and be ordered by the mayor of the city of Macon within thirty days after the passage of this act. Sec. 62. Be it further enacted , That all laws and parts of laws militating against this act are hereby repealed. Approved August 27, 1872. (No. 152O. No. 379.) An act to amend the several laws incorporating the city of Milledgeville, and to confer certain powers upon the mayor and aldermen of said city. 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 the act approved February 13th, 1854, be so amended as to

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give the police court of the city of Milledgeville power and authority to punish offenders and violators of the laws and ordinances of said city by fine and imprisonment, or working them on the streets of said city for a term not exceeding thirty days, in the discretion of said court. Police court Sec. 2. Be it further enacted , That the mayor and aldermen of said city shall have authority to require all persons living within the corporate limits of said city, liable to road duty under the laws of this State, to work on the streets of said city for any number of days, not exceeding fifteen, in any one year: Provided , That any person so liable to road duty shall, at his option, relieve himself therefrom by paying to the treasurer of said city such amount, in lieu of said work, as may be determined by ordinance of said mayor and aldermen, said amount not to exceed three ($3) dollars. Streets. Proviso. Sec. 3. Be it further enacted , That the mayor and aldermen of the city of Milledgeville shall have power and authority to impose and collect a tax on all retail dealers in spirituous or fermented liquors, not exceeding one hundred dollars per annum, in the discretion of said mayor and aldermen. Liquor tax. Sec. 4. Be it further enacted , That no person shall be allowed to vote at any regular election held in said city of Milledgeville, for any officer therein, without first registering his name, in a book to be kept for that purpose by the clerk of said city, twenty days before each annual election for officers in said city. Voters must register. Sec. 5. Repeals conflicting laws. Approved August 27, 1872. (No. 153O. No. 308.) An act to incorporate the town of Mount Vernon, in the county of Montgomery; 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 John A. McMillan, James A. Daniel, Thomas J. Smith, N. M. Armfield and D. J. McRae, 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 Mount Vernon, and shall hold their office until the second Monday in January, 1873, and until their successors are elected and qualified. Commissioners. Name. Sec. 2. It is further enacted by the authority aforesaid , That on the second Monday in January, 1873, and on the second Monday in January of each succeeding year, an election

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shall be held in 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. Sec. 3. It is further enacted by authority of the said General Assembly , That the corporate limits of said town shall extend one-half mile in all directions from the courthouse. 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 council. Officers. 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 licenses, and fix the price for the same; to suppress any and all species of crimethe punishment of which is usually vested in the council of corporate towns; to compel all persons, who are residents of said town, who are, under the laws of this State, subject to road duty, to work on the streets of the said town, or, in lieu thereof, to pay annual tax, to be assessed by said council; to pass all ordinances necessary to promote the good order, peace and the interests of the 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. Licenses. Crime. Streets. 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. Oath. Sec. 7. Repeals conflicting laws. Approved August 26, 1872.

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(No 154O. No. 61.) An act to amend an act entitled an act to incorporate the town of Quitman, Brooks county, approved , 1859, and the several acts amendatory thereof . Section 1. Be it enacted , That, from and after the passage of this act, the corporate limits of the town of Quitman be, and the same are hereby, extended to one mile distant in each direction from the court-house in said town: Provided always , That no field of five acres or more, nor any woodland, shall be subject to corporation tax until the same shall be built upon: And provided further , That all the property belonging to the Quitman Factory shall be exempt from corporation tax. Limits extended. Proviso. Sec. 2. Be it further enacted , That in lieu of the commissioners, as now provided, there shall be a mayor and four aldermen, who shall be elected annually at the time now prescribed for the election of commissioners, and who shall, before entering on the duties of their office, subscribe an oath, before some officer authorized to administer an oath, well and faithfully to discharge their duties according to law. Mayor and aldermen. Oath of. Sec. 3. Be it further enacted , That said mayor and aldermen shall have all the powers now vested in the town commissioners: Provided , That the mayor shall have power alone to hear and determine all cases of violation of any of the town ordinances, and in his absence, or if said mayor is physically unable to hear any such cause, any one of said aldermen, at the election of the offender, shall hear and determine said cause. Powers. Proviso. Sec. 4. Be it further enacted , That the salary of said mayor shall be determined by the board at their first meeting in each year. Mayorsalary of. Sec. 5. Be it further enacted , That said mayor and aldermen shall, during their tenure of office, be exempt from jury duty. Jury duty. Sec. 6. Be it further enacted , That the board, consisting of said mayor and aldermen, shall have the power to appoint a marshal and clerk, not of their number, and a treasurer of their number, under such rules and regulations as the board may prescribe. Marshal and clerk. Sec. 7. Be it further enacted , That the present chairman of the town council of said town shall exercise the duties of mayor, and his four associate councilmen the duties of aldermen, until the regular time for holding election under their charter. Duties of mayor, etc. Sec. 8. Repeals conflicting laws. Approved August 22, 1872.

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(No. 155O. No. 132.) An act to amend an act entitled an act incorporating the town of Ringgold, Catoosa county, approved February 21st, 1856, and the several acts amendatory thereof . Section 1. Be it enacted by the General Assembly of Georgia , That the several acts amendatory of the above recited act be so amended as to include the residences of Thomas M. Gordon and James Bolling within the corporate boundary of the said town of Ringgold. Limits extended. Sec. 2. Be it further enacted , That the sixth section of the act approved February 21st, 1856, be so amended as to insert, after the word commissioners, in the sixth line, the following: which license, so granted by said board of commissioners, shall continue only for and during the time for which said commissioners were elected, and no longer. License. Sec. 3. Be it further enacted , That the board of commissioners shall be empowered to make such by-laws and ordinances for the government of said town, that they may see proper, which are not repugnant to the Constitution and laws of this State, or the United States, and to prescribe the manner in which any or all of said by-laws or ordinances may be changed. By-laws and ordinances. Sec. 4. Be it further enacted , That the board of commissioners of said town shall be required to enforce the by-laws and ordinances of said town, and, on failure or refusal so to do, shall be guilty of malpractice in office, and, on conviction thereof, shall be punished as prescribed in section 4545 of Irwin's Code, and shall be removed from office. Malpractice in office. Approved August 23, 1872. (No. 156O. No. 347.) An act to incorporate the town of Rockmart, in Polk county, Georgia . Section 1. Be it enacted by the General Assembly of the State of Georgia , That C. T. Parker is hereby appointed mayor, and W. Ferguson, Thomas Moon, T. G. Ingraham, W. H. Hines and S. K. Hogue, are hereby appointed aldermen of the town of Rockmart, in Polk county, Georgia, with full authority to make all laws necessary for the good and orderly government, health, safety and prosperity of said town, which do not conflict with the Constitution and laws of

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the United States, and of the State of Georgia, and which are not repugnant to the provisions of this act. Mayor and aldermen. Laws, etc. Sec. 2. Be it further enacted , That said town of Rockmart is hereby incorporated, and that the corporate limits of the same shall embrace lots of land numbered 793, 794, 863, 864, 865 and 866, in the 18th district, and 3d section, and 849, 850, 851, 852, 853, 854, 923, 924 and 925, in the 21st district, and 3d section of orginally Cherokee, now Polk county, Georgia. Corporate limits. Sec. 3. Be it further enacted , That said mayor and aldermen shall hold their offices until the first Saturday in January, A. D. 1873, and until their successors are elected and qualified, and that there shall be an election for mayor and aldermen, to succeed the mayor and aldermen herein appointed, held in said town on the first Saturday in January, A. D. 1873, and annually thereafter, which election shall be conducted, and the result thereof ascertained and published, in such manner and form as the said mayor and aldermen shall, from time to time, prescribe; and all persons entitled to vote for members of the General Assembly, residing in said town, shall be entitled to vote in said elections: Provided , That such voters shall have resided in said town for ten days preceding said election. Term of office. Who may vote. Sec. 4. Be it further enacted , That said mayor, with the advice of the aldermen, shall appoint a marshal, clerk and treasurer of said town, who shall hold their offices during the pleasure of said mayor and aldermen, and whose duties shall be prescribed by the said mayor and aldermen. Officers. Sec. 5. Be it further enacted , That the mayor and aldermen, marshals, clerks and treasurers of said town, before entering upon the duties of their offices, shall be sworn, the mayor before one of the aldermen, and the aldermen, marshals, clerks and treasurers before the mayor, faithfully, promptly and impartially to discharge their duties, and the marshals, clerks and treasurers shall give such bonds, with solvent security, payable to the mayor of said town and to his successors in office, as the mayor and aldermen may require, for the faithful, prompt and impartial discharge of their duties, and the marshal, clerk and treasurer of said town shall receive for their services such pay as the mayor and aldermen may prescribe. Oath of office. Bond. Sec. 6. Be it further enacted , That the mayor and aldermen of said town shall be styled the Council of Rockmart, and that a majority of said council shall constitute a quorum to do such acts as the said council is authorized to do, and that the senior in years of the aldermen shall act as mayor, whenever, from any cause the mayor is absent from his post of duty, and so on down, as long as there is a quorum, or when there is call for the mayor to act outside of the council. Council. Quorum. Sec. 7. Be it further enacted , That said council shall have authority to levy and collect an ad valorem tax on all town

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lots, improved or unimproved, and upon all residences and their out-houses, and all other houses, and upon all manufactories, mills, distilleries and machinery of every description in the limits of said town, and upon any stock or butcherpens therein: Provided , The value of the land, on which any of said improvements may stand, shall not be counted, except when such land shall be actually laid out into town lots, and upon all personal property therein: Provided , Such tax shall not exceed, for any year, one-half the State tax for said year, provided that no retail liquor shop shall ever be kept in said town, until the party proposing to keep the same shall have first paid into the treasury of said town the sum of two hundred and fifty dollars for each year, and shall enter into bond, with fully solvent security, in the sum of one thousand dollars, payable to the mayor of said town, and to his successors in office, conditioned that he or they will keep a perfectly quiet and orderly house, and will not sell or give to any person already intoxicated, or to any minor, any liquor, and will not allow any minor, unless such minor is in company with its parent or guardian, to loiter in his or their house, or on his or their house-front. Taxation. Retail liquor shop. Sec. 8. Be it further enacted , That it shall be the duty of the marshal to arrest all violators of the laws of said town, and, without unnecessary delay, to carry them before the mayor thereof, and to execute such order as the mayor may give in the matter, and it shall be the duty of the mayor to have the evidence for and against the accused in a summary manner, and to discharge those who are found to be innocent, and to fix the punishment of those who are found to be guilty by fine, not less than one nor more than fifty dollars, or by imprisonment in the prison of said town not less than one nor longer than thirty days, or by labor on the streets or side-walks, or any other public works in and for said town, for not less than one nor longer than fifteen days for each offense. Violators of town laws. Sec. 9. Be it further enacted , That the mayor of said town shall have the jurisdiction of a Justice of the Peace in criminal matters in said town, and the marshal the authority of a constable in such matters in said town. Mayor ex officio J. P. Sec. 10. Be it further enacted , That the council shall have full authority to make all contracts in its corporate name, which it may deem necessary for the prosperity of said town, and in its corporate name to hold property and to sue and be sued, and generally to make all laws which may be necessary to give full force and effect to all the authority with which the said incorporation is by this act clothed. Powers of council. Sec. 11. Be it further enacted , That the mayor shall receive for his services twenty dollars a year, and the aldermen each ten dollars a year, besides such cost as may accrue to the mayor, or either of the aldermen acting as mayor, while exercising the authority of a Justice of the Peace, and the marshal,

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while exercising the authority of a constable, shall be entitled to such cost as may accrue to him, in addition to whatever pay may be prescribed for him by the council. Salaries. Sec. 12. Be it further enacted , That all money raised by taxation, fines and forfeitures, by virtue of this act, shall be paid into the treasury of said town, and shall not be paid out except upon an order of the council in writing, and for the benefit of the town. Moneyhow disposed of. Sec. 13. Be it further enacted , That the council shall fill all vacancies, which may occur in the council, by election. Vacancies. Sec. 14. Be it further enacted , That this act shall take effect from and after its passage, except that portion of it relating to retail liquor shops, which shall take effect from and after the first day of December, A. D. 1872. Act takes effect at once. Sec. 15. Repeals conflicting laws. Approved August 26, 1872. (No. 157O. No. 68.) An act to amend an act incorporating the city of Rome, approved March 5, 1856, and to amend an act entitled an act to amend an act entitled an act to incorporate the town of Marthasville, in the county of DeKalb, passed on the twenty-third day of December, eighteen hundred and forty-three, and also to enlarge the boundary of said town, and to incorporate the same under the name of the city of Atlanta, and to change the name of the town of Rome to that of the city of Rome; to provide for the election of mayor and city councilmen, and other officers of said cities, and to confer upon them specified powers, and for other purposes therein mentioned, which became a law by lapse of timewithout the approval of the Executiveon the 11 th day of March , 1869. Section 1. Be it enacted , That the second section of the above recited act, approved March 5th, 1856, be so amended that, from and after the passage of this act, the election of officers of the city of Rome shall be held on the first Tuesday in December in each and every year, but the officers elect shall not enter upon their duties until the first Monday in January next thereafter. Election. Sec. 2. And be it further enacted , That the second section of the act becoming a law, by lapse of time, on the 11th day of March, 1869, be, and the same is hereby, amended, requiring the clerk of the council to open a list for the registration of voters on the first Monday in September in each year, which lists shall be kept open until the second Monday in October

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following, and shall be closed at twelve o'clock on that day; and that no person be allowed to register who has not paid the taxes, fines and forfeitures required of him by the laws and ordinances of said city of Rome. Registration list. Approved August 22, 1872. (No. 158O. No. 98.) An act to legalize and render valid the issue of certain bonds, bearing date July , 1871, by the mayor and council of the city of Rome . Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That the issue of certain bonds, bearing date February 1st, 1871, by the mayor and council of the city of Rome, for the purpose of redeeming and taking up the city currency, be legalized and made validsaid bonds being sixty-five (65) in number, and of the denomination of one thousand dollars ($1,000) each, and numbered from one (1) to sixty-five (65) inclusive. Bonds. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 159O. No. 272.) An act to alter and amend the several acts incorporating the town of Sandersville, and to confer upon said town of Sandersville a municipal government, with all the rights and privileges usually enjoyed by citizens in Georgia, as are herein set forth. 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 the municipal government of the city of Sandersville shall consist of a mayor and five aldermen, who are hereby constituted a body corporate, under the name and style of the Mayor and Council of the City of Sandersville, 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, enjoy, possess and retain to them and their successors, for the use of the city of Sandersville, any estate or estates,

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real or personal, of whatever kind or nature, within the jurisdictional limits of the city of Sandersville, and shall, by the same name, be capable to sue and be sued in any court of law or equity in the State, and shall succeed to all rights and liabilities of the present corporation of Sandersville, and the corporate limits of the city shall be one mile from the court-house in said city in each and every directionthe said court-house to be the center of the corporate limits of the said city of Sandersvile, and the corporate limits to extend one mile therefrom in each and every direction. Mayor and aldermen. Name. Seal. Limits. Sec. 2. Be it further enacted by the authority aforesaid , That an election shall be held at the court-house, in the city of Sandersville, on the first Monday in September of each year, for mayor and five aldermen, to serve for one year, and until their successors are elected and qualified, and the polls of which election shall be opened at ten o'clock on the forenoon and closed at three o'clock in the afternoon. Election. Sec. 3. Be it further enacted by the authority aforesaid , That all male citizens qualified to vote for members of the State Legislature, and who shall have paid all taxes legally imposed and demanded by the authorities of the city, and shall have resided six months within the jurisdictional limits of said city, and no other person, shall be qualified to vote at said election for mayor and aldermen, and, in case any person, otherwise qualified to vote at said election, shall move into the city after the time for giving in his taxes, and whose name shall not appear on the tax-books of the preceding year, he shall, in order to entitle him to vote, report his name to the clerk of council, before the opening of the polls, in order that he may be enrolled among the tax-paying citizens. Whom vote. Sec. 4. Be it further enacted by the authority aforesaid , That the said election shall be held under the superintendence of a Justice of the Peace and two freeholders, or of the three freeholders, who shall be appointed by the city council at least five days before the election, and each of the freeholders, before entering upon his duties, shall take an oath, before some Justice of the Peace, that he will faithfully and impartially conduct said election, and prevent all illegal voting, to the best of his skill and power; and, in case the said managers of said election shall have any reasonable doubts as to the qualifications of any voter, they shall have power to administer the following oath: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States, have resided for the last six months past within the jurisdiction of the corporation of Sandersville, and have paid all taxes legally imposed and demanded of you by the city council of Sandersville; so help you God. And any person who shall take either of said oaths, and shall have sworn falsely, shall be liable to indictment and punishment for perjury. Managers Oath. Oath voters.

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Sec. 5. Be it further enacted by the authority aforesaid , That the person or persons who shall receive the highest number of votes at said election, for mayor and aldermen respectively, shall be declared duly elected. Who declared elected. Sec. 6. Be it further enacted by the authority aforesaid , That in case of any vacancy among the members of council, either by death, resignation, failure to elect, removal from office, or removal from the city, the mayor shall advertise a new election to fill the vacancy; and, in case of the death of the mayor, his resignation, removal from office, removal from the city, the city council shall order an election for filling the vacancy in each case, giving ten days' notice in a public gazette of the city. Vacancies. Sec. 7. Be it further enacted by the authority aforesaid , That after the votes for mayor and aldermen, at any election, shall have been counted by the managers, they shall cause two certified copies of the tally-sheets to be made out, one of which shall be handed to the mayor for the time being, and the other shall be retained by the managers, and as soon as the mayor, as aforesaid, shall be informed of the result of said election, he shall cause the persons elected to be notified of the same, and the persons elected as aforesaid shall attend, on the first Monday thereafter, at the council chamber, for the purpose of organizing the council, and the mayor, and each member of the council, shall take and subscribe, before a Justice of the Peace, the following oath: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor, or member of the council, as the case may be, of the city council of Sandersville, by adopting such measures as shall, in my judgment, be best calculated to promote the general welfare of the inhabitants of the city of Sandersville; so help me God; and shall forthwith enter upon the duties of their offices. Election returns. Council. Oath. Sec. 8. Be it further enacted by the authority aforesaid , That in case the mayor, or any member of the council, while in office, shall be guilty of any willful neglect, malpractice or abuse of power confided to him, he shall be subject to be indicted before the Superior Court of the county of Washington, and, on conviction, shall be fined in a sum not exceeding one hundred dollars, and shall, moreover, be removed from office, and the said fine shall be paid to the city treasurer for the use of the city. Malpractice Sec. 9. Be it further enacted by the authority aforesaid , That no person shall be eligible as mayor of the city of Sandersville, unless he be at least twenty-five years of age, a citizen of the United States, and shall have resided in said city for two years immediately preceding his election; and no person shall be eligible as a member of the city council, unless he shall have attained the age of twenty-one years, and shall have the other qualifications specified in the case of the mayor. Mayor. Councilmen Sec. 10. Be it further enacted by the authority aforesaid , That the said mayor and council of the city of Sandersville

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shall have power to appoint a marshal, and such officers of the city as they may deem necessary and proper, and shall have power to regulate the time, mode and manner of electing said officers, to establish their fees and salaries, to take their bonds, to prescribe their duties and their oaths, and to remove them from office for a breach, neglect or incapacity to discharge the said duties, at their discretion. Officers. Sec. 11. Be it further enacted by the authority aforesaid , That the mayor and council shall be bound to keep the peace, and shall be ex-officio Justices of the Peace, so far as to enable them to issue warrants for offenses committed within the jurisdiction of the city of Sandersville. Ex officio Justices of the Peace. Sec. 12. Be it further enacted by the authority aforesaid , That the mayor and council shall have power to organize a mayor's court, and the mayor, or acting mayor, shall preside therein, and hold sessions daily, or as often as may be necessary, to clear the guard-house; he shall have cognizance of all offenses against the ordinances of the city, and may punish all violations of such ordinances to the extent of a fine of one hundred dollars, and imprisonment for one month in the county jail, or by compulsory work upon the public streets; and the said mayor and council shall have power to pass all ordinances necessary and proper to carry into effect the powers herein granted. Mayor's court. Ordinances. Sec. 13. Be it further enacted by the authority aforesaid , That the mayor shall have power, in his court, if the offense charged against a prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender or offenders to jail, or bail them, if the offense be bailable by a Justice of the Peace, under the law of the State, to appear before the Superior Court of Washington county. Powers of mayor. Sec. 14. Be it further enacted by the authority aforesaid , That the mayor and council shall have full power and authority to remove, or cause to be removed, any building, post, steps, fence, or other obstructions or nuisance in the public streets, lanes or alleys, sidewalks or public squares, in the said city of Sandersville. They shall further have power to establish a market in said city, and to pass such ordinances as may be proper and necessary for the regulations of the same. They shall have power to license drays and regulate the same. Nuisances, etc. Market. Sec. 15. Be it further enacted by the authority aforesaid , That the mayor and council of the city of Sandersville shall have the sole and exclusive right of granting license to retail liquors in the city of Sandersville, and of fixing the rate of such license, and the terms upon which they shall be issuedof declaring such license void when said terms are not complied with; they shall also have power to license, regulate and control all ten-pin alleys and billiard saloons, within the city, and to remove the same whenever they become a nuisance in

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the neighborhood; they shall have power to tax all theatrical performances, exhibitions, or shows of any kind, within the corporate limits of said city. Licenses. Sec. 16. Be it further enacted by the authority aforesaid , That the mayor and council of the city of Sandersville shall have power to take up and impound any horses, mules, cattle or hogs running at large, within the limits of said city, and to pass such ordinances as may be deemed by them necessary for the regulation of stock within the city; and the mayor and council shall have power to establish and regulate a city guard, who shall have the power to arrest all disorderly persons, all persons committing, or attempting to commit, any crime in the presence of any one of said city guards or officers of said town, and commit them to the guard-house, or common jail of Washington county, to await their trial the next day. Stock may be impoundedwhen. City guards. Sec. 17. Be it further enacted by the authority aforesaid , That the mayor and council shall, at their first meeting, elect a clerk and treasurer, who shall serve for one year; he shall give bond, with good and sufficient security, in the sum of not less than two hundred dollars, conditioned for the faithful performance of his duties as clerk and treasurer of said city, and shall take an oath that he will, to the best of his skill and power, perform the duties of his office without favor or affection. Bond. Oath. Sec. 18. Be it further enacted by the authority aforesaid , That hereafter it shall be the duty of all tax-payers and owners of real estate in the city of Sandersville, and they are hereby required, to make their returns, under oath, of the value of their property in said city, held in their own right, or in the right of others: Provided always, however , That the mayor and any two members of the council selected for the purpose, together with the clerk of the council, shall have power to supervise all returns made by tax-payers, and if, in their opinion, any of such returns are incorrect, in fixing the value of the property in the same, then to correct such returns, thus incorrectly made, by affixing or assessing such higher value as, in their opinion, may be proper and right. Tax returns Sec. 19. Be it further enacted by the authority aforesaid , That the mayor and council of the city of Sandersville shall have power and authority to levy and collect a tax upon all property, real or personal, within the limits of the city: Provided , That no tax upon real estate, or stock in trade, shall exceed one per cent. upon the value thereof. Tax. Proviso. Sec. 20. Be it further enacted by the authority aforesaid , That the mayor and council shall have power to license auctioneers and vendue masters annually for the city, charging therefor such sums as they may deem proper, not to exceed twenty-five dollars for a license; the mayor and council shall have power to compel all persons who reside in said city limits, who are liable to road duty under the laws of this

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State, to work on the streets of said city for ten days in each year: Provided , That any person so liable to road duty may pay, in lieu thereof, the sum of five dollars. Auctioneers Streets. Proviso. Sec. 21. Be it further enacted by the authority aforesaid , That the mayor and council, or a majority of the council, shall have power to elect a mayor pro tem. , who shall be clothed thereby with all the rights, privileges and duties of the mayor elect, when and during the absence or sickness of the mayor, upon taking the usual oath, and not otherwise; and if the mayor pro tem. , as well as the mayor elected by the people, should both be unable to attend to their duties, from any cause, the council shall elect another mayor pro tem. , who shall be clothed with all the rights, powers and duties of mayor of the city, upon taking the usual oath, and who shall serve only during the absence of the mayor, or mayor pro tem.; a judgment of acquittal or conviction by said mayor may be and shall be plead in bar in any court for the same offense, provided said mayor has jurisdiction. Mayor prn tem. Sec. 22. Be it further enacted by the authority aforesaid , That the mayor and council shall have full power and authority, under their common seal, to make and establish such by-laws, rules, regulations and ordinances, respecting streets, lanes and alleys, markets, drays, auctioneers, and the regulating of disorderly people, and, in general, every by-law, regulation, rule or ordinance that shall appear necessary or requisite for the security, welfare, health and convenience of said city of Sandersville, or preserving the peace, order or good government of the same; and they are also vested with all the powers and authorities within the jurisdiction of said city, which by law are vested in the commissioners of roads and streets; they are also authorized to abate all nuisance upon proper proof being adduced, and also to tax dogs, if, in their opinion, it will be for the good of the citizens living within the corporate limits of said city. Ordinances and by-laws Nuisances. Sec. 23. Be it further enacted by the authority aforesaid , That it shall be unlawful for any person to sell, in said incorporate limits, any intoxicating liquor, either as a medicine or patent medicine, or as a medical bitters, without first taking out a license from the mayor and council, authorizing them to retail spirituous liquors; and any one so offending shall be subject to the fine and penalties imposed upon persons selling liquors without license. License to retail liquorpenalty. Sec. 24. Be it further enacted by the authority aforesaid , That the mayor and council of said city shall have power to open new streets and lanes, and are authorized to take private property for the same, or for the use of said city, they first paying therefor a just and reasonable compensation. New streets Sec. 25. Be it further enacted by the authority aforesaid , That the mayor and council shall have power to elect five persons as a board of health, whose duty it shall be to look

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after the sanitary condition of the city, and, upon their recommendation, the mayor and council shall remove, or cause to be removed, whatever, in their opinion, is deleterious to the health of the city. Board of health. Sec. 26. Be it further enacted by the authority aforesaid , That the acts heretofore passed incorporating the town of Sandersville, together with all laws and parts of laws militating against this act be, and the same are hereby, repealed. Approved August 24, 1872. (No. 160O. No. 30.) An act to amend certain sections of the Code of Georgia in reference to the city of Savannahthat is, sections 4725, 4735, 4736, 4737 and 4741, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That section 4725 of Irwin's Revised Code of Georgia be, and the same is hereby, amended so as to read as follows: The board of mayor and aldermen of said city shall consist of a mayor and twelve aldermen, to be chosen by ballot, on the third Tuesday of January, biennially, or once in every two years, by votes of those entitled to vote at such elections; and the board of mayor and aldermen shall hold their offices until their successors are duly elected and qualified; a quorum for business shall consist of seven aldermen and the mayor, or presiding chairman, except in the months of August, September and October, when a majority of the aldermen in the city shall suffice. Mayor and aldermen. Quorum. Sec. 2. And be it further enacted , That section 4735 of Irwin's Revised Code of Georgia be, and the same is hereby, amended so as to require the clerk of the common council of the city of Savannah, or the proper officer designated in said section, to open a list for the registration of voters, on the first Monday in September, of the present year, and keep said list open until two o'clock of the afternoon of the first Monday in December ensuing, when it shall be finally and absolutely closed; and further, in each and every election year, after the present, said list shall be open from the first Monday in July until the said first Monday in December, at two o'clock P. M., as aforesaid. Registrati'n Sec. 3. Be it further enacted , That section 4736 of said Revised Code of Georgia be, and the same is hereby, amended so as to include the following words: The applicant for registration shall first pay to the clerk of the council, or other officer as aforesaid, for the city treasury, for educational purposes,

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the sum of one dollar, which shall be in lieu of the polltax now paid, and shall receive from said clerk, or other officer, a certificate of his registration, upon the production of which, to the presiding officer of said election, he shall be entitled to vote, and not otherwise; and said certificate and payment of said registration tax shall exempt said applicant from the payment of any other poll-tax for the State and county. Poll tax. Sec. 4. Be it further enacted , That section 4737 of said Revised Code of Georgia be, and the same is hereby, amended so as to require the clerk of council, or other officer, to arrange and publish a list of the names so registered, as now required, in alphabetical order, in one of the gazettes of the city of Savannah, at least once a month from the first Tuesday in August to the third Tuesday in the next ensuing Jaunary of each election year, as aforesaid, and to affix the list of registered voters at the door of the court-house and the Exchange in Savannah, as now required, for one week from the second Tuesday in January of each election year as aforesaid. List to be published. Sec. 5. And be it further enacted , That section 4741 of said Revised Code of Georgia be amended so as to substitute, in lieu of the words second Monday in October, the words third Tuesday in January. Sec. 6. And be it further enacted , That in the distribution of the school fund, under the laws of this State, the amount due the county of Chatham shall be reduced to the amount paid into the treasury of the city of Savannah, under the third section of this act. School fund Sec. 7. Repeals conflicting laws. Approved August 7, 1872. (No. 161O. No. 139.) An act to give to the mayor and aldermen of the city of Savannah the right to fix and regulate the fees for dieting county prisoners in the jail of Chatham county, under the direction, control and management of said mayor and aldermen; and also to provide that the fees and charges for examining and auditing jail bills against said Chatham county be payable by the county, and not by the city. Section 1. The General Assembly of Georgia do hereby enact , That, from and immediately after the passage of this act, the mayor and aldermen of the city of Savannah shall have the right to fix and regulate the fees for dieting county prisoners in the jail of Chatham county, under the direction,

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control and management of the mayor and aldermen of the city of Savannah; and further, the fees and charges for examining and auditing jail bills against said Chatham county shall be payable by the county, and not by the said city. Mayor and aldermen. Fees. Jail bills. Sec. 2. Declares that this act shall take effect immediately after its passage, and repeals conflicting laws. Approved August 23, 1872. (No. 162O. No. 155.) An act to amend an act entitled an act to incorporate the Savannah poor-house and hospital, assented to the twenty-sixth day of December, in the year eighteen hundred and thirty-five. Section 1. The General Assembly of the State of Georgia do enact , That the act assented to the twenty-sixth day of December, in the year eighteen hundred and thirty-five, entitled an act to incorporate the Savannah poor-house and hospital, be, and is hereby, so amended as that the said corporation shall hereafter be called and known as the Savannah Hospital, and not the Savannah poor-house and hospital, as heretofore: And further , That the annual payment for membership in said corporation shall be ten dollars, and not five dollars, as heretofore: And further , That the annual election of managers of said corporation shall hereafter occur on the first Monday in February, instead of the first day of February, as heretofore; and each and every person who shall have contributed the sum of ten dollars or more to the purpose of said institution shall be entitled to vote. Hospital. Membership. Annual election. Sec. 2. Declares that this act shall take effect immediately after its passage, and repeals conflicting laws. Approved August 23, 1872.

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(No. 163O. No. 145.) An act to grant to the corporation of the city of Savannah the control and management of the wharves in said city, including the power to regulate the rates of wharfage and dockage, and the mode and manner of building and repairing such wharves, and all matters pertaining thereto, within the present and future corporate limits of said city of Savannah. Whereas, It has been represented to the General Assembly that the interests of commerce would be advanced by the delegation to the corporate authorities of the city of Savannah, of the control and management of the wharves in said city, including the power to regulate the rates of wharfage and dockage, and the mode and manner of building and repairing such wharves, and all matters pertaining thereto, within the present and future corporate limits of said city of Savannah: now, therefore, Preamble. Section 1. The General Assembly of the State of Georgia do enact , That the control and management of the wharves in the city of Savannah, including the power to regulate the rates of wharfage and dockage, and the mode and manner of building and repairing such wharves, and all matters pertaining thereto, within the present and future corporate limits of said city of Savannah, be, and are hereby, granted to and conferred upon the municipal corporation, known as the Mayor and Aldermen of the city of Savannah, to as full and ample extent as appertained or belonged to the General Assembly immediately before the passing of this act. Wharves. Sec. 2. And be it further enacted by the authority aforesaid , That whenever, in the judgment of the city council of Savannah, any wharf, or part of a wharf, within the limits aforesaid, shall or may require repairing or rebuilding, reasonable notice thereof, of not less than thirty days, shall be given to the owner or owners of such wharf or part of a wharf, his, her or their agent or agents, representative or representatives; and the service of such notice shall constitute a lien on such wharf, or part of a wharf, to the extent, in value of the repairing or rebuilding as aforesaid, which the said mayor and aldermen may incur or expend in such repairing or rebuilding, and all reasonable expenses attending the enforcement of such lienall which value and expenses may be recovered by the said, the mayor and aldermen of the city of Savannah, in any court having jurisdiction; and the judgment of such court in the premises may be enforced against such wharf or part of a wharf, and by a sale thereof; and no lease or alienation of the premises, after such notice, shall be good or valid to prevent such sale: Provided always , That in

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case of a lease, good and valid at the time of such notification, and extending beyond the term of such sale, the officer making the sale shall sell only the reversionary right or interest of the owner or owners of the premises: And provided further , That no proceeding to enforce such lien shall be commenced, if the owner or owners of such wharf or part of a wharf shall, within thirty days after service of notice as aforesaid, begin to repair or rebuild, (as the case may be,) and continue in good faith and with reasonable diligence such work of repairing or rebuilding deemed necessary and proper by said city council. Repairedhow. Notice. Liens. Proviso. Sec. 3. And it is further enacted by the authority aforesaid , That nothing in this act contained shall be construed to take away from the commissioners of pilotage for the bar of Tybee and river Savannah, and the several bars and inlets north of Sapelo bar, the right to sue and recover in any case provided for in the first section of an act entitled an act to amend the laws of this State regulating pilotage, and defining the powers of the commissioners of pilotage, and further to protect the navigation of the Savannah river so far as the bar of Tybee and port of Savannah are concerned; to authorize the Judge of the Superior Court of Chatham county to hold special courts in certain cases, and for other purposes, approved the 30th day of December, 1847: Provided , Such commissioners of pilotage have already caused to be done, or begun, any work of repair or building in such case as provided for in said first section of said act of 30th December, 1847. Commissioners of pilotage. Sec. 4. Declares that this act shall take effect immediately upon its passage, and repeals conflicting laws. Approved August 23, 1872. (No. 164O. No. 112.) An act to alter and amend section four thousand seven hundred and fifty-eight of the Revised Code of Georgia, by limiting the right of the corporation of the city of Savannah to issue bonds. Section 1. The General Assembly of Georgia do hereby enact , That the four thousand seven hundred and fifty-eighth section of the Revised Code of Georgia is hereby so altered and amended as that it shall not hereafter be lawful for the corporation, known as the mayor and aldermen of the city of Savannah, to issue any bond or bonds of said corporation until such mayor and aldermen, in council assembled, shall first have determined the amount and the occasion or occasions

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for which such bonds shall be issued, and until the freeholders of said city shall have had an opportunity, by proclamation of the mayor of said city, published in one or more of the public gazettes of said city for at least ten days, and giving notice of the time, place and object of such meeting, to express an opinion favorable or unfavorable to such issuing of bond or bonds. If such opinion shall be favorable to such issuing, then the amount, denomination and time for the maturing of such bonds shall be expressed in such opinion; but no such bond or bonds shall be issued until or unless such action of freeholders shall have been sanctioned by a ballot of the citizens of Savannah liable to taxation, such balloting to be had at the court-house in Savannah in not less than thirty and within sixty days after such favorable opinion of such freeholders shall have been expressed, the result to be determined by a majority of the ballots so cast; notice of such balloting shall be published in a public gazette of said city for at least ten days before the time fixed by said city council for such balloting, and such notice shall be signed by the mayor of said city, countersigned by the clerk of council; such balloting shall be under the supervision of three Justices of the Peace and three freeholders of the county of Chatham, or a majority of them; the returns of such balloting shall be made to the city council, and, if favorable, the bond or bonds shall be issued at a period of time not earlier than six weeks, nor later than three months after the result shall have been declared by council. The form of the ballots, affirmative and negative, shall be prescribed by said city council, and be incorporated in the notice aforesaid. At such balloting, no person shall be allowed to vote unless he shall, if challenged, take an oath that he is a tax-payer under the ordinance or ordinances of said city. Issue of bonds limited. Ballot of citizens. Returns-how made. Form of ballot. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 165O. No. 181.) An act to amend sections 4786 and 4788 of Irwin's Revised Code, in relation to the collection of rents and the recovery of possession of lands and tenements lying within the city of Savannah. Section 1. Be it enacted , That, from and after the passage of this act, all distrain warrants and writs of possession, signed by the Judge of the Superior Court of Chatham county, or the Judge of the City Court of Savannah, shall be attested

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by the clerk, or his lawful deputy, of the court from which the same shall be issued, and have affixed thereto the seal of said court. Distres warrants. Sec. 2. Be it further enacted , That the clerk of said court shall be required to keep a book, to be called a distrain docket, which shall be kept as an execution docket, in which shall be entered all distrain warrants, issued as aforesaid, as now provided by law for executions, and also the time of filing of the defendant's affidavit and bond, (if any), and the term of the court to which the issue shall be returnable. Distrain docket. Sec. 3. Be it further enacted , That the same costs shall be chargeable upon said distrain warrants and writs of possession, as now provided by law for other cases in said courts: Provided , That no costs for city tax and attorney fees shall attach unless an issue shall be formed. Costs. Sec. 4. Repeals conflicting laws. Approved August 23, 1872. (No. 166O. No. 241.) An act to alter and amend section 4758 of the Revised Code of Georgia, by limiting the right of the corporation of the city of Savannah to issue bonds . Section 1. The General Assembly of the State of Georgia do hereby enact , That section 4758 of the Revised Code of Georgia is hereby so altered and amended as that it shall not hereafter be lawful for the corporation, known as the mayor and aldermen of the city of Savannah, to issue any bond or bonds of said corporation, until such mayor and aldermen, in council assembled, shall first have determined the amount and the occasion or occasions for which such bonds shall be issued, and until the freeholders of said city shall have had an opportunity, by proclamation of the mayor of said city, published in one or more of the public gazettes of said city, for at least ten days, and giving notice of the time, place and object of such meeting, to express an opinion, favorable or unfavorable, to such issuing of bond or bonds. If such opinion shall be favorable to such issuing, then the amount, denomination and time for the maturing of such bonds shall be expressed in such opinion; but no such bond or bonds shall be issued until or unless such action of freeholders shall have been sanctioned by a ballot of the citizens of Savannah liable to taxation, such balloting to be had at the court-house in Savannah, in not less than thirty, and within sixty, days after such favorable opinion of such freeholders shall have been expressed, the result to be determined by a majority of the ballots so cast. Notice of

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such balloting shall be published in a public gazette of said city for at least ten days before the time fixed by said city council for such balloting, and such notice shall be signed by the mayor of said city, countersigned by the clerk of council. Such balloting shall be under the supervision of three Justices of the Peace and three freeholders, of the county of Chatham, or a majority of them. The returns of such balloting shall be made to the city council, and, if favorable, the bond or bonds shall be issued at a period of time not earlier than six weeks, nor later than three months after the result shall have been declared by council. The form of the ballots, affirmative or negative, shall be prescribed by said city council, and be incorporated in the notice aforesaid. At such balloting, no person shall be allowed to vote unless he shall, if challenged, take an oath that he is a tax-payer under the ordinance or ordinances of said city. May issue bonds. Opinion of tax-payers to be taken. Election. [Illegible Text] [Illegible Text] vote Approved August 24, 1872. (No. 167.O. No. 44.) An act to amend section 1162 of the Revised Code of Georgia, and for other purposes . Section. 1. Be it enacted by the General Assembly of the State of Georgia , That section 1162 of the Revised Code of Georgia be, and the same is hereby, altered and amended to read as follows: the following volunteer companies of the city of Savannahto-wit, the Republican Blues, the Ph[UNK]nix Riflemen, the Irish Jasper Greens, the Oglethorpe Light Infantry, the Savannah Cadets, and the Johnson Light Infantryare formed into a regiment, entitled the First Volunteer Regiment of the State of Georgia, embracing the said six companies, and as many other companies as may choose to conform to the regimental organization, and as may be admitted into the said regimental organization by a majority of the said six companies, (voting by companies) and of such other companies as may hereafter become members of said regiment, but when the said regiment numbers sixteen companies, they may organize themselves into a brigade, and elect the necessary officers to command the same, in such manner as the members of said companies may see fit to adopt. [Illegible Text] [Illegible Text] Sec. 2. Be it further enacted , That the said regiment shall have the right to adopt, for its government, such regulations and by-laws as it may deem expedient: Provided , The same are not contrary to the laws of Georgia, or of the United States. [Illegible Text] Sec. 3. Repeals conflicting laws. Approved August 17, 1872.

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(No. 168O. No. 297.) An act to amend an act entitled an act to incorporate the town of Senoia, in the county of Coweta, and to appoint commissioners of the same, etc., assented to December 12, 1866 . Section 1. Be it enacted, etc. , That, from and after the passage of this act, the commissioners of said town, and their successors in office, be, and they are hereby, authorized and empowered to require license of all resident traders, persons running drays, wagons and other vehicles for hire, in said town, keepers of sale and livery stables, owners of warehouses, banking companies, insurance companies and cotton buyers and butchers. Traders drays, etc. Sec. 2. Be it further enacted , That said commissioners shall have authority to fine offenders against their by-laws: Provided , Such fine shall not exceed thirty dollars, or penalty thirty days' imprisonment in the calaboose. Fine and Imprisonment. Sec. 3. Repeals conflicting laws. Approved August 26, 1872. (No. 169O. No. 107.) An act to incorporate the town of Smyrna, in the county of Cobb; to appoint commissioners for the same; to define the corporate limits of said town; to confer certain powers upon the officers of said corporation, and for other purposes . Section 1. The General Assembly of this State enacts as follows , That, from and after the passage of this act, the inhabitants now living in the town of Smyrna, within one mile of the Smyrna Academy, in every direction from said academy, and those who may hereafter live within said limits, be, and they are hereby, made a body corporate, under the name and style of the Town of Smyrna, and by that name they 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 if they shall so desire, and shall have such powers only as are conferred by this act, or subsequent acts amendatory thereof. Incorporated. General powers. Sec. 2. Be it further enacted , That the corporate limits of said town of Smyrna shall extend one mile, in every direction, from the Smyrna Academy in said town. Limits of. Sec. 3. Be it further enacted , That, on the first Saturday in July, 1873 and on the first [Illegible Text]

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July thereafter, there shall be an election held in the said town of Smyrna, for an intendant and four aldermen of said town, who shall hold their offices for one year, and until their successors are elected and qualified; said election shall be managed by any three freeholders of said town, at such place therein as they may select; at said election, all persons who shall have been residents of said town for ten days immediately preceding said election, who are entitled to vote for members of the General Assembly of this State, shall be entitled to vote for said intendant and aldermen: Provided , He or they shall have paid all legal taxes due by him or them to said corporation, which he or they have had five days in which to pay said tax. Election. Who may vote. Sec. 4. Be it further enacted , That said intendant and aldermen shall have authority to make all rules and ordinances necessary, in their judgment, for the peace, welfare and prosperity of said town: Provided , They shall have no authority to make any ordinance that imposes a greater fine than five dollars upon any person for violating any one of said rules or ordinances, or imprison any person for any such offense longer than twenty-four hours; said intendant or aldermen shall make no ordinance for the collection of taxes from the entire citizenship of said town of more than fifty dollars in the aggregate for any one year. All taxes imposed upon the inhabitants of said town shall be ad valorem upon all species of property within the corporate limits of said town, except churches and school-houses. Rules, etc. Taxes. Sec. 5. Be it further enacted , That it shall not be lawful for any person to sell any spirituous or malt liquors of any kind, within the limits of said town, unless the intendant and aldermen of said town shall, by ordinance, otherwise ordain; and said intendant and aldermen shall have authority to license retailers of spirits of any kind upon such terms as they shall deem proper. Liquor license. Sec. 6. Be it further enacted , That John C. Moore, E. D. L. Mobley, W. R. Beel, W. L. Davenport and G. P. Daniel shall be the intendant and aldermen until the election provided for in this act, with all the powers conferred upon the intendant and aldermen to be elected under this act, and the first named shall be the intendant. Intendant and aldermen. Sec. 7. Repeals conflicting laws. Approved August 23, 1872.

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(No. 170O. No. 56.) An act for the removal of the county-site of Lee county; to compensate the owners of real estate at Starksville, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That Isaac P. Tison, Henry L. Long, Fred. H. West, William T. Sadler and Virginius G. Hill be, and are hereby, appointed commissioners, whose duty it shall be to select some eligible place, at or near Wooten Station, in said county, upon which shall be located the public buildings of said county in the event a sufficient quantity of land for a town can be procured at said point, by donation or purchase, without paying therefor more than one-half of the net proceeds of the sale of town lots when laid off and sold by said commissioners, not computing the value of grounds reserved for public use; and in case such land cannot be procured at or near said Wooten Station, said commissioners may select, for the purposes aforesaid, some eligible site at or near Adam Station, or any point on the Southwestern Railroad between said stations, to obtain lands upon such terms as they may deem proper. Commissioners. County-site. Sec. 2. And be it further enacted , That said commissioners shall have power to lay off such lands procured by them, at such point as they may select for the location of the public buildings of said county, into town lots, and to sell and to make titles to the same, under such rates and regulations as they may deem best for the interest of said county; to remove or sell the public buildings in the town of Starksville, in said county; to cause to be erected, at such new site selected by them, a suitable court-house and jail, and such other buildings as may be deemed necessary for the use of said county; to make temporary arrangements for the holding of courts, and the keeping of the public records, documents and offices at such new site; to collect and secure all moneys arising from the sale of such town lots and public property at the town of Starksville, or which may be raised by taxation, at their instance, as hereinafter provided, and pay out such moneys in execution of the duties required of them, and to do and perform all other acts and deeds necessary to accomplish the purposes aforesaid. Public buildings. Sec. 3. And be it further enacted , That the name of such new county-site shall be Leesburg, and that from and after such time as said commissioners may designate, (giving twenty days' previous notice thereof,) the public business of said county of Lee, required by law to be done at the county-site, shall be done and performed at the new county-site established by this act, and, from such time so designated, the Ordinary, Clerk of the Superior Court, Sheriff and County Treasurer shall cause the offices and public records of said county to be kept at said new site. Name.

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Sec. 4. And be it further enacted , That the Ordinary of said county shall levy and cause to be collected and paid over to said commissioners, when required by them, such tax, not exceeding fifty per centum on the State tax for the years 1871 and 1872, as said commissioners may request him to levy and have collected, to enable them to perform the duties required of them in the second section of this act. Tax. Sec. 5. And be it further enacted , That the moneys raised from the sale of public buildings and property at Starksville, from taxation as herein provided for, and from the sale of town lots at such new site, shall constitute a fund in the hands of said commissioners, to be used by them to pay off such liabilities as they may contract in executing the duties required of them by this act, and when such duties shall have been fully performed by them, they shall make a full and complete report to the Ordinary of said county of the moneys received and paid out by them, and turn over to the treasurer of said county all moneys, papers and effects left in their hands, and such moneys as necessary shall be added to the fund created by the seventh section of this act, or otherwise, as the Ordinary shall direct. Sale of public buildings Returns. Sec. 6. And be it further enacted , That Willis A. Jones, Charles M. Irwin, William C. Gill and John Paley be, and are hereby, appointed commissioners, whose duty it shall be to assess the damages sustained by owners of real estate in the town of Starksville, in consequence of such removal of the county-site, to give to the owner of such real estate certificates of such assessment of damages, and to make out and deliver to the Ordinary of said county a full statement of the damages so assessed by them; such certificates shall be debits against said county, and shall be received by the commissioners named in the first section of this act as cash in payment for town lots of such new county-site. Damages. Sec. 7. And be it further enacted , That it shall be the duty of the Ordinary of said county, if necessary, to levy and cause to be collected, annually, a tax of not exceeding fifty per centum of the State tax, for the payment of said certificates, until the same are all paid, with interest thereon, and shall take up and cancel such certificates when presented, and give the respective owners thereof orders on the county treasurer, to be paid out of the funds hereby authorized to be raised, for the full amount due thereon, with interest; and if the commissioners appointed by the first section of this act shall require it, said Ordinary shall order such certificates as they may have taken, to be paid to them out of such fund as other certificates. Annual tax. Sec. 8. And be it further enacted , That the commissioners appointed by the first and sixth sections of this act shall, before entering upon the duties required of them, each take an oath, before some competent officer, that he will well and truly

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discharge the duties required of him as commissioner, without fear, favor or affection, impartially and to the best of his ability. Oath. Sec. 9. Repeals conflicting laws. Approved August 20, 1872. (No. 171O. No. 425.) An act to amend an act amendatory of an act to incorporate the town of New Gibraltar, in DeKalb county, and to change the name of the same to Stone Mountain, approved March 14, 1856, and to confer specified powers upon the mayor and council, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia , That the above recited act be amended as follows: That the corporate limits of the town of Stone Mountain shall extend one thousand yards in every direction from the Georgia Railroad depot. Limits of. Sec. 2. Be it further enacted by the authority aforesaid , That the legal voters residing, and who shall have resided thirty days within the corporate limits of the town of Stone Mountain, and who are qualified to vote for members of the Legislature, shall, on the third Wednesday in December, 1872, and every subsequent year, between the hours of ten o'clock A. M. and four o'clock P. M., vote for a mayor and six members of council, to serve twelve months, or until their successors are elected and qualified, and who shall, on the first Monday in January thereafter, meet and organize, by taking an oath to faithfully and impartially discharge the duties of their office, which oath shall be administered one to another, and by the mayor to every officer elected or appointed by said mayor and council; that said election to be held under the superintendence of a Justice of the Peace and two freeholders; in absence of a Justice of the Peace, each of said freeholders, before entering upon said duties, shall take an oath before some one authorized to administer oaths, that he will faithfully and impartially conduct such election, and prevent illegal voting, and, when required, if they have any doubt as to the qualification of voters, administer an oath touching his qualifications; and any person who shall take any oath required of him under and by virtue of this act, and who shall swear falsely, shall be guilty of the offense of false swearing, and shall be liable to indictment, and shall suffer the penalties inflicted by law for said offense; and the person receiving the highest number of votes for mayor shall be declared duly

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elected to said office; and the six persons receiving the highest number of votes for members of council shall be declared duly elected councilmen, and the managers shall give each person elected a certificate to that effect, which shall be evidence of his election, and be recorded in the minutes of said council. In case any vacancy shall occur, by the death, resignation, failure to elect, removal from office, or beyond the corporate limits of the town, a new election may be ordered by the remaining members of the mayor and councilmen, or by a Justice of the Peace, should the remaining members aforesaid fail or refuse to order said election, upon giving ten days' notice by advertising the same in three or more conspicuous places in said corporate limits. Mayor and councilelection. Oath of office. Managersoath of. Oath of voters. Vacancies. Sec. 3. Be it further enacted by the authority aforesaid , That the mayor and members of council, as before mentioned, shall be known as the Mayor and Council of the Town of Stone Mountain, and shall be a body politic and corporate, and as such, shall sue and be sued, have, hold, buy and sell real and personal property, and have full power to do and perform all things toward keeping the peace, preventing vagrancy, lewdness, violations of the Sabbath, playing at cards or at any other game or sport at which money is usually won or lost; take all means to cause the streets to be worked, nuisances to be removed, and to do all and every act they may think proper to preserve the morals, health and good order within the corporate limits of said town, as fully and as effectually as if a grant of power were hereby given them in every case which may arise, and power to grant or refuse license for peddlers, and to pass all laws, ordinances and by-laws for the government of the same, so as to enable them to do and perform all acts not inconsistent with the laws of the United States or the State of Georgia. Mayor and council. Sue, etc. Gaming, nuisances, etc. License. Sec. 4. Be it further enacted by the authority aforesaid , That the said mayor and council may elect or appoint a clerk, marshal or other officer or officers for the enforcement of the laws and ordinances of the town; may abate nuisances and enforce proper police laws; may assess and collect a tax, not to exceed the State tax, on all professions and property, real and personal, within said limits; levy and collect a tax on shows and exhibitions of all kinds, billiard-tables, ten-pin and all other kinds of bowling alleys, and itinerant traders; to lay out new streets, widen or straighten old streets according to the provisions of the Code of Georgia in such cases made and provided; to work the streets and levy and collect a tax therefor; to pave the sidewalks, and levy and collect a tax therefor; to remove, or cause to be removed, all obstructions in the streets; to appoint three citizens to assess all the real estate in the corporate limits of said town; to levy a tax on real estate and stock in trade, not exceeding one-half of one per cent. on the value thereof, for any improvement within

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or beyond the corporate limits, necessary for the interest of said town, and for the purpose of enabling said corporation to take, own and hold stock in any railroad, canal and turnpike or other improvements connected with said town, or establish a system of public schools, said tax being levied and collected as other taxes provided for in this act: Provided , In every case the same shall have been submitted to the legal voters of the town and ratified by them. Clerk and marshal. Tax. Streets. Obstruction Tax on real_estate. Public schools. Sec. 5. Be it further enacted by the authority aforesaid , That the mayor and four members of council shall constitute a quorum for the transaction of business, and the mayor, or mayor pro tem. , shall have a casting vote; that the mayor shall be ex-officio Justice of the Peace, so as to enable him to issue warrants for offenses committed within the jurisdiction of said corporate limits, and shall have full power, on examination, to commit the offender or offenders to the county jail, or bail them, if the offense be bailable, to appear before the Superior Court of DeKalb county, to the same extent as any Justice of the Peace. Quorum. Mayor ex officio J. P. Sec. 6. Be it further enacted by the authority aforesaid , That the mayor, or, in his absence, three members of the council, shall have full power and authority to impose such fines, not exceeding fifty dollars, or imprisonment in the calaboose not exceeding twenty days, or both, for the violation of any of the laws or ordinances of said town within its corporate limits. All fines imposed shall be collected in the same manner as is provided for the collection of taxes. Said mayor or three members of council, shall have power and authority to compel the attendance of parties and witnesses, by taking bond for their appearance, and by passing all necessary ordinances to secure their attendance. Parties may appeal from the decision of the mayor, or three members of the council, to the mayor and council in regular meeting. Fines and imprisonment. Parties and witnesses. Appeal. Sec. 7. Be it further enacted by the authority aforesaid , That the mayor and council of Stone Mountain shall have power to grant or withhold to any person or persons license to retail and sell spirituous liquors within said limits, and in no case shall the license be for a larger sum than $200 for twelve months, and no license shall be granted for a less time, and the person receiving the same shall execute bond and security to said mayor and his successor in office conditioned that he will not sell liquors on the Sabbath day; and shall also take an oath to observe and not violate the ordinances of said town; and for a violation of any of said ordinances the party guilty thereof shall be liable to pay such fines as may be assessed by said mayor or any three members of council. Liquor license. Bond. Sec. 8. Be it further enacted by the authority aforesaid , That the marshal shall have full power and authority to make all arrests, required to issue all executions for fines and costs, to levy the same on the defendant's property, and sell the

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same by giving ten days' notice by advertisement posted at two public places in the corporate limits; and said marshal shall have all the power and authority of a constable in executing the ordinances and judgments of the said mayor and council, and shall account to the mayor and council for all fines, costs and moneys received and collected by him. Marshal. Sec. 9. Be it further enacted by the authority aforesaid , That the said mayor and council shall have power and authority to provide for and prescribe the salaries of the clerk, marshal and other officers elected or appointed, and require such bonds to be given by them for the faithful performance of duty as may be necessary. Salaries. Sec. 10. Be it further enacted by the authority aforesaid , That in case the mayor and members of council, or any officer while in office, be guilty of any willful neglect, malpractice in or abuse of said office, he or they shall be liable to be indicted before the Superior Court of DeKalb county, and, upon conviction, shall be fined in a sum not exceeding five hundred dollars, for each and every offense, and be removed from office; said fine or fines shall be paid over to the treasurer for the use of said town. Malpractice Sec. 11. Be it further ordained by the authority aforesaid , That the ratification or rejection of this act, amendatory of the charter of said town, shall be submitted to the legal voters thereof, who have paid all taxes required of them by lawful authority at the time and manner hereinbefore set forth for the election of officers under this act, and the ballots for said officers shall have written or printed on them, ratification or no ratification, and a majority of all legal votes cast shall determine whether or not this act shall become a part of the charter of said town. Submitted to vote of people. Sec. 12. Repeals conflicting laws. Approved August 27, 1872. (No. 172O. No. 221.) An act to alter and amend an act entitled an act to incorporate the town of Swainsboro, in Emanuel county, assented to December 22, 1857, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That, from and immediately after the passage of this act, section third of the above recited act be amended by adding the following words thereto: and, in the event that no election is held at the time aforesaid, it shall be the duty of the commissioners elected and qualified for the preceding

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year to order an election, and give at least five days' notice of the time and place of holding such election. Election. Sec. 2. And be it further enacted , That the fifth section of the above recited act be amended by inserting, after the word proper, in the fifth line of said section, the following words: and said commissioners shall, at their first meeting, elect a chairman, who shall be ex-officio a Justice of the Peace in and for said town, with authority to bind over offenders for their appearance at the Superior Court of said county. Chairman. Sec. 3. And be it further enacted , That said commissioners shall have full power and authority to levy a tax upon the real and personal property within the limits of said town, not exceeding one hundred per centum on the State tax for the year next preceding such assessment. Town tax. Sec. 4. And be it further enacted , That said commissioners shall be exempt from all jury duty. Jury duty. Sec. 5. Repeals conflicting laws. Approved August 24, 1872. (No. 173O. No. 67.) An act to authorize the mayor and board of aldermen of the town of Talbotton to subscribe to the capital stock of the Talbotton Branch Railroad Company; to issue bonds for the payment of the same, and for other purposes. 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 the mayor and aldermen of the town of Talbotton, (the same being an incorporate town) or a majority of them, are hereby authorized to subscribe to the capital stock of the Talbotton Branch Railroad, in amount not to exceed the sum of twenty-five thousand dollars, in the name of said town: Provided , That the consent of a majority of the legal voters of the said town of Talbotton be first obtained to the subscription so made, in such manner and at such times as the said mayor and board of aldermen shall prescribe: And provided further , That no election for that purpose shall be ordered by said mayor and board of aldermen, without giving at least ten days' notice of the time and place for holding said election, in the public gazette of said town. Subscription. Votersconsent of. Sec. 2. That for the purpose of meeting the payment for said subscription so made to the capital stock aforesaid, the said mayor and board of aldermen of said town of Talbotton are hereby authorized to issue bonds of said town, to be signed by the mayor and treasurer of said town, for such amount, to

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be due at such times, and bearing such a rate of interestnot exceeding seven per centum per annumas said mayor and board of aldermen may consider for the best interest of said town, and sufficient to meet the payment for the subscription aforesaid: Provided , That at the time of submitting the question of subscription to the capital stock of said railroad, as heretofore prescribed and set forth, to the legal voters of said town, there shall also be further submitted the additional question, whether said bonds shall be issued. Bonds. Sec. 3. Be it further enacted , That when the bonds aforesaid shall have been authorized to be issued, the same shall be payable at a time not to exceed twenty years from date, and the said mayor and board of aldermen may transfer said bonds to said railroad company in payment of said subscription, or they may sell and dispose of the same for funds sufficient to pay said subscription, or they may hypothecate the same to raise funds, or make such other lawful and legitimate disposition of the same as will furnish funds to pay said subscription: Provided , That no amount of bonds shall be so issued, except what shall be sufficient to pay said subscription, including the discount on said bonds, and the necessary costs, etc., in negotiating, hypothecating or otherwise disposing of said bonds. Payable when. Proviso. Sec. 4. Repeals conflicting laws. Approved August 22, 1872. (No. 174O. No. 357.) An act to amend an act incorporating the town of Thomaston, in the county of Upson, approved 19th March , 1869, and act amendatory of the same, approved October 27, 1870, and to alter and amend an act entitled an act to incorporate the town of Rutledge, in Morgan county, State of Georgia, appoint commissioners for the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia , That section two of said act, approved March 19, 1869, be amended so as to require a residence by a voter of sixty days, instead of thirty days, within the corporate limits of said town, and to report his name to the clerk of the council at least thirty days before an election for commissioners, that he may be enrolled among the tax-paying citizens. Voterresidence of Sec. 2. That section three of said act, approved March 19, 1869, be amended so that the corporate limits of said town shall be so amended as to be three-fourths of one mile from the court-house of Upson county, in said town: Provided ,

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however , That the corporate limits shall not be extended until the subject of extension is submitted to, and approved by a majority of the qualified voters in the town, and the qualified voters outside of the corporate limits, who are to be included in such extension, and that an election for that purpose be held at such time, and in such manner, at the court-house, as the town council may direct. Corporate limits. Sec. 3. That the chairman of the town council of said town, in addition to the powers already granted by the original charter of corporation, and amendment thereto, be authorized to hold, by himself, police courts for the trial of parties charged with violation of the ordinances of the town, and to impose the penalties fixed therein for violations of the same, subject to appeal to the council: Provided , The party or parties so appealing shall give notice thereof instanter to the chairman; that the chairman may issue writs, processes and subp[UNK]nas necessary to the execution of his powers, and that he receive a salary to be fixed by the council, and that the same be paid by installments, quarterly, of the town fund. Police court Writs, etc. Sec. 4. That said council be authorized, in addition to the powers by said original act and amendment thereto granted for the assessing and collection of taxes, to enforce the street tax in the same manner as commissioners of roads for said county, under the statutes of the State of Georgia, enforce fines against defaulters, with like power to imprison, and that the marshal be the ministerial officer for this purpose. Street tax. Sec. 5. That said town council be empowered to extend, open and lay out, widen, straighten, or otherwise change, streets and alleys in said town: Provided , That, whenever they 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, or through which the same may pass, shall, on five days' notice, appoint two other free-holders, and all of said freeholders, so appointed, shall proceed to assess the damages sustained, or the advantages derived by the owner or owners of said lots in consequence of the opening or changing of said streets or alleys; in case the said freeholders do not agree, they shall select a fifth freeholder, and the assessors shall first take an oath that they will faithfully and impartially discharge their duties; and either party shall have the right to enter an appeal to the Superior Court of said county within ten days from the rendition of the award; the town council shall have power to enforce the final award, whose judgment shall be rendered for any amount against the owner or owners, by levy and sale, as [Illegible Text] , fas . on awards are enforced. Streets. Damages. Sec. 6. That after the passage of this act, the town council of said town of Thomaston, an election being first held by the citizens within the corporate limits for this purpose, shall issue bonds of said town for the sum of five thousand dollars, in

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such sums, and to become due at such dates, as to them may seem best, with interest at seven per cent. per annum, payable semi-annually, which bonds shall be signed by the chairman and countersigned by the clerk, and regularly registered by him; that said town council shall, in time to pay said bonds, with the interest thereon accrued, as they respectively become due, assess and collect a special tax upon the property subject to taxation in said town, sufficient to pay the same. Bonds. Sec. 7. That said town council be authorized to compel parties who may be found guilty of violating any of the ordinances of said town, and against whom a penalty is attached, to work on the streets of said town, or in a workyard, to be by the council located for that purpose, said party to work a sufficient period of time, under the direction of the marshal, to equal the penalty imposed; and that the said council shall fix the time for such labor whenever, in their discretion, they may allow the offender to work out the penalty imposed. Work on streets. Sec. 8. That Joseph A. Stewart, Vincent M. Mosely, Linton L. Cheney, A. J. Williams, David M. Vining, 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 Rutledge, and shall hold their office until the first day of February next, and until their successors are elected and qualified. Town council. Sec. 9. That on the first day of February next, and on the first Monday in January in each year thereafter, an election shall be held at the council rooms in said town for five commissioners, to serve 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 has not been a resident of said town for twenty days next preceding the day of election, and is not authorized to vote for members of the General Assembly, at which election three responsible citizens of said town shall be appointed by the Justice of the Peace for the district in which the said town is located, who shall preside at and control the said election. Commissioners. Managers. Sec. 10. That the corporate limits of said town shall be a circle, one thousand yards from the centre in every direction, which centre shall be at the crossing of Fair Play and Madison streets, making the town two thousand yards in diameter. Corporate limits. Sec. 11. That the town council shall, at its first meeting after their election and qualification, elect from their number a presiding officer, who shall be styled chairman of council, and they shall also appoint a clerk, treasurer and marshal, who shall hold their offices during the pleasure of the council, and shall give bond for the faithful performance of their duty, the same made payable to the chairman of council and his successors. Officers.

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Sec. 12. That a majority of the council shall constitute a quorum for business, and shall have all necessary power to regulate the traffic in spirituous liquors within the corporate limits of said town; to grant license, and fix price for the same: Provided , They shall not charge more than five hundred dollars, nor less than one hundred dollars, for such license; to suppress gambling-houses, and any and all species of nuisances and disorders, the punishment or suppression of which is usually vested in the council of corporate towns, and to make all needful rules and ordinances for this purpose; to compel all residents of said town who, under the laws of the State, are subject to road duty, to work the streets, not more than ten days in each year, or, in lieu thereof, to pay ten dollars, the payment of which sum shall relieve them from road duty; to make and enact such ordinances as may be necessary to promote the interests of said town, not repugnant to the Constitution and laws of the State or United States. They shall have full power to enforce obedience to their ordinances by fine or imprisonment, or both: Provided , They impose no fine to exceed twenty-five dollars, or no imprisonment for a longer time than thirty days. Quorum. Liquor license. Gambling houses and nuisances. Streets. Ordinances. Fines, etc. Sec. 13. That the persons named in this act, and their successors in office, shall, before entering upon the discharge of their duties, take an oath faithfully and impartially to perform the same. Oath of officers. Sec. 14. That any vacancy occurring in the council shall be filled by a special election ordered by said council, of which due notice shall be given ten days before the day of election. Vacancies. Approved August 26, 1872. (No. 175O. No. 59.) An act for the registration of the voters of the town of Thomasville. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened , That, from and after the passage of this act, there shall be each year a registration of the legal voters of the town of Thomasville, for the purpose of ascertaining who are entitled to vote in the municipal elections to be held in said town. Registrati'n Sec. 2. That the acting clerk of the town council of said town of Thomasville shall be ex-officio registry clerk of said town, and shall receive such compensation for his services, in registering the voters of said town, as shall be prescribed by the town council. Registry clerk. Sec. 3. That said clerk shall open a list for the registration of the voters of the town of Thomasville, on the first

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Monday in October in each year, which list shall be kept open until four o'clock P. M. on the first Monday in December, when the same shall be closed finally and absolutely. Open listwhen. Sec. 4. That the said clerk, upon the application in person, and not by proxy, of any person entitled to vote as aforesaid, within the time prescribed by law for the registry list to be kept open, shall register the name of such person, and the locality in which he resides; it shall be his duty, before registering any applicant for registration, to require such applicant to state the locality where he resides, describing the same by the street, and if not the street, the road or roads upon which and between which he resides. Shall register names. Sec. 5. That the said clerk shall require of every applicant for registration, before being registered, the following oath: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States; that you have resided in this State for the last six months, and for the last six months past, within the jurisdictional limits of the town; that you have paid all legal taxes required of you by the authorities of said town; that you have considered this State, and the town of Thomasville, your home for the term aforementioned; so help you God. Oath. Sec. 6. That any person who shall take said oath, and shall have sworn falsely, shall be liable to indictment and punishment for false swearing, in the Superior Court of said county. False swearing. Sec. 7. That said clerk shall keep a record of the name, street or road upon which each person registering shall live, and he shall arrange and publish, in alphabetical order, a list of the names so registered, in one public gazette of the town, once a fortnight, from the time of opening until that of closing said list, and shall keep a printed copy of said list posted at the door of the court-house in Thomasville, and one at the market-house in said town, until the day of the election in each year. Shall publish lists. Sec. 8. That he shall also furnish the managers of election, at each annual election to be held in said town, with a printed list of voters, and the said managers shall check off the names on said list as they are voted, and they shall not receive the vote of any person whose name is not on said registry list, and after the election is held, they shall return said list, with the ballot-boxes and the result of the election, to the clerk of the council. Shall furnish lists to managers. Sec. 9. Repeals conflicting laws. Approved August 22, 1872.

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(No. 176O. No. 69.) An Act to amend an act to incorporate the town of Thomson, in the county of Columbia, now McDuffie, and for other purposes, approved December 16, 1859. Section 1. Be it enacted by the General Assembly of the State of Georgia , That section first of said act be amended by striking out all the words after the words in every direction of said section. Act amended. Sec. 2. Be it further enacted , That section fourth of said act be amended by inserting the words three-fourths, instead of one-third, after the words not exceeding. Section 2 amended. Sec. 3. Be it further enacted , That section sixth of said act be amended by adding the words and wholesale after the word retail, and also, by adding the words and wholesalers after the word retailers. Section 3 amended. Sec. 4. Be it further enacted , That section thirteen be amended by striking out ten and inserting fifty after the words sum of, and also by striking out five and inserting thirty after the words not exceed. Section 4 amended. Sec. 5. Repeals conflicting laws. Approved August 22, 1872. (No. 177O. No. 86.) An act to amend an act entitled an act to incorparate the town of Trenton, in the county of Dade, and to appoint commissioners of the same, and to point out the mode of electing the same, and other officers of said town, and to confer certain powers on the commissioners thereof, approved December 8, 1860. Section 1. The General Assembly of the State of Georgia do enact , That the third section of the above recited act be, and the same is hereby, amended by adding, after the end thereof, the following words: And should a vacancy at any time happen which leaves said board of commissioners without a quorum, or those remaining in office decline to act, it shall be the duty of the Ordinary of Dade county to order said election. Vacancies. Sec. 2. And be it further enacted , That the president and commissioners shall have the exclusive power to grant or refuse license to any person to retail spirituous liquors in the corporate limits of said town of Trenton, and may require such license tax, not less than twenty-five dollars, and not exceeding five hundred dollars, as they may see proper, from

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any person so licensed, and such person shall also file with the Ordinary of said county the bond and oath now required by law. Liquor license. Bond. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 178O. No. 179.) An act to vest the title to a certain lot in the town of Valdosta, now known as the market lot, in the mayor and council of said town, and to ratify and confirm the actings and doings of said mayor and council, heretofore done and performed, in relation to said lot, and the laying out of the street west of, and the alley north of, said lot, and for other purposes. Whereas, The commissioners appointed by an act, passed by the General Assembly of this State, approved November 21st, 1859, did, under and by virtue of said act, lay off a certain lot in the town of Valdosta as a market lot; and whereas, there is nothing in said act, nor any subsequent act, indicating or declaring in whom the title of said lot shall vest: for remedy whereof Preamble. Section 1. The General Assembly of the State of Georgia do enact , That the title to the market square or lot does and has vested in the mayor and council of the town of Valdosta, since the election and qualification of the first board of said mayor and councilmen. Market square. Sec. 2. The General Assembly do further enact , That all the actings, doings and proceedings of the said mayor and council, heretofore done and performed, in relation to said market lot, and the laying out of the street west, and the alley north, of said market lot, are hereby ratified and confirmed and declared valid to all intents and purposes. Acts ratified Sec. 3. The General Assembly do further enact , That the said mayor and council are hereby authorized and empowered to make such disposition, by sale, lease or otherwise, of said lot, as, in their judgment, will be to the interest of said town of Valdosta. May lease or sell. Sec. 4. Repeals conflicting laws. Approved August 23, 1872.

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(No. 179O. No. 81.) An act to amend an act 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 the fifth section of said act be so amended in the last line as to read fifteen days, instead of five days. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 180O. No. 90.) An act to amend an act to incorporate the town of Warrenton, in Warren county, and to provide for the election of commissioners for the same, and for other purposes therein mentioned, approved December 12, 1859. 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 the following words shall be inserted after the words Superior Court, in section fourth of said act, to-wit: or such other court as may have jurisdiction of the offense. Section 4 amended. Sec. 2. Be it further enacted , That section six of said act shall read as follows: from the beginning of said section to the sentence commencing between the first day of February, etc.; that all owners of taxable property, of whatever description, (all lots or fields of five acres or more, which are owned or held for farming purposes exclusively, excepted) in said town, shall pay a tax such as the commissioners may assess, which tax shall, at no time, exceed one per cent. of valuation of the same. Taxes. Sec. 3. Repeals conflicting laws. Approved August 23, 1872.

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(No. 181O. No. 48.) An act to authorize the legally constituted authorities of West Point, in this State, to take stock in any railroad or work of public improvement; also, to authorize the legally constituted authorities of the city of Atlanta, Georgia, to take stock in the Georgia Western Railroad Company, upon compliance with the conditions therein stated. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, it shall be lawful for the corporate authorities of West Point, in this State, to take stock in any railroad or work of public improvement: Provided , Such corporate authorities shall first submit the question of such subscription to the qualified voters of said West Point, and a majority of the votes cast be in favor of such subscription. Authorized to take stock. Sec. 2. The General Assembly of the State of Georgia do further enact , That, from and after the passage of this act, the corporate authorities of the city of Atlanta, in this State, are hereby authorized to increase its subscription in the stock of the Georgia Western Railroad Company to the amount of one million dollars: Provided , Such corporate authorities shall first submit the question of such subscription to the qualified voters of said city of Atlanta, and a majority of the votes cast be in favor of said subscription. Atlanta authorized to take stock. Sec. 3. The General Assembly do enact further , That it shall be the duty of each of the corporate authorities mentioned in the two preceding sections to give at least ten days' notice of the time and place of holding such elections, and shall also prescribe the manner of holding such elections, and the time and manner of making the returns thereof. Election. Sec. 4. Repeals conflicting laws. Approved August 19, 1872. (No. 182O. No. 208.) An act to amend an act incorporating the town of Whitney, in Calhoun county. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, section first of an act incorporating the town of Whitney, in Calhoun county, approved December 14, 1871, be so amended as to read as follows: The boundary limits shall extend one-quarter of a mile in every direction from the site of the Methodist church, in lieu of one mile. Corporate limits. Sec. 2. Repeals conflicting laws. Approved August 24, 1872.

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(No. 183O. No. 130.) An act to incorporate the town of Woodbury, in the county of Meriwether, and to appoint commissioners for the same, and to extend the provisions of this act to the town of Luthersville, in the county aforesaid, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That John R. Jones, Daniel Muse, Henry Worthy, John E. Buchanan and William Wheeler, or a majority of them, 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 Woodbury, and the said named commissioners, or a majority of them, shall hold their office until the first Saturday in January, 1873, and until their successors are elected and qualified. Commissioners. Name. Sec. 2. Be it further enacted , That on the first Saturday in January, 1873, and on the first Saturday in January of every subsequent year, an election shall be held at such place, within the corporate limits of said town, as the managers of said election may think convenient, for five commissioners, to serve for one year next after their election, and until their successors are elected and qualified, at which election all persons resident within the corporate limits of said town, who are entitled to vote for members of the General Assembly, shall be entitled to vote; and said election shall be managed by three freeholders, residents of said town, and the persons receiving the highest number of votes cast at the election shall be declared duly elected for the term of one year, or until their successors are elected and qualified. Annual election. Who may vote. Sec. 3. Be it further enacted , That the corporate limits of said town shall be one-half mile in every direction from the house now used as a post-office. Corporate limits. Sec. 4. Be it further enacted , That said town council shall, at its first meeting after their election and qualification, elect from their own number a presiding officer, to be styled the chairman of council, and shall appoint a clerk and marshal, who shall hold their offices during the pleasure of the council. Chairman and clerk. Sec. 5. Be it further enacted , That the persons named in this act, or a majority of them, shall serve, and those that may hereafter be elected commissioners shall, before entering upon their duties as town councilmen, take an oath, before some person authorized to administer oaths, faithfully and impartially to discharge the duties of their office. Oath of office. Sec. 6. Be it further enacted , That a majority of said council shall constitute a quorum for business, and shall have power to pass all ordinances, not inconsistent with the Constitution and laws of this State, for the government of said town

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and the preservation of peace and good order therein, and shall have power to provide for the working of the streets of said town, and to compel all persons therein, subject to road duty under the laws of this State, to work on the same, and for the violation of all ordinances of said town council, they shall have power to punish, by fine not to exceed twenty-five dollars, or imprisonment not to exceed five days, or both, in the discretion of said council. Ordinances. Streets. Fine and imprisonment. Sec. 7. Be it further enacted , That all the provisions of the above sections of this act be applied to the town of Luthersville, in Meriwether county, with the following named persons as commissioners, viz: W. H. Albright, J. W. Black, N. S. Culpepper, J. W. Taylor and Able Keith, with full powers to act as provided for in the foregoing sections of this act, in reference to the town of Woodbury, in said county. To apply to Luthersville Sec. 8. Repeals conflicting laws. Approved August 23, 1872. (No. 184O. No. 118.) An act to incorporate the town of Wooten, in the county of Lee, and to provide for the election of commissioners for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That Isaac P. Tison, L. A. Stokes, T. J. Mason, John M. Martin and Henry H. Coleman are hereby appointed commissioners of the town of Wooten, in the county of Lee, with full power to make all by-laws and regulations for the government of said town, not inconsistent with the laws and Constitution of the State. Commissioners. Sec. 2. That said commissioners, before entering upon the duties of their office, shall take the following oath or affirmation: You do solemnly swear, or affirm, that you will assist in passing such by-laws and regulations as shall, in your judgment, be calculated to promote the best interest of the town of Wooten; and said commissioners shall hold their office until the first Saturday in December next, at which time, and on the first Saturday in every December thereafter, the citizens of the town of Wooten, included within the limits of said town, as described in the fourth section of this act, and who are entitled to vote for members of the Legislature, shall elect five commissioners for said town, who shall take the oath above prescribed, hold their office until their successors are elected, and be re-eligible; and the commissioners, at the time in office, shall give public notice, at least five days before said

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election, at three different places in said town, which election shall be superintended by a Justice of the Peace and one freeholder, a resident of said town, or three freeholders therein residing, and the five persons receiving the highest number of votes shall be, by said superintendents, declared elected. Oath of office. Election. Managers. Sec. 3. That said commissioners named in the first section of this act are hereby constituted a body corporate and politic, under, and by the style of Commissioners of Wooten, and by said name they, and their successors, shall have perpetual succession; shall have power to sue and be sued, plead and be impleaded in any court of law or equity in this State; may have a corporate seal, and change or alter the same at their pleasure, 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. Commissioners. General powers. Sec. 4. That the corporate limits of said town shall extend three-fourths of one mile, in each direction from the Baptist church, in said town. Limits. Sec. 5. That said commissioners, or a majority of them, shall have power to pass and enact such rules, laws, ordinances and regulations as they, or a majority of them, may deem most conducive to the best interest of the citizens of said town, and the commissioners are hereby invested with full power and authority to enforce the observance thereof: Provided , Said rules, laws, ordinances and regulations are not violative of the Constitution of the United States, or of this State, or the laws thereof: And provided further , That they shall not impose any fine exceeding twenty-five dollars and costs, and shall not imprison any person for more than three days. Rules, by-laws, etc. Sec. 6. That the said board of commissioners shall have the right to assess and collect an annual tax upon all property, real and personal, within the limits of said town, of not exceeding fifty per cent. upon the State tax. Town tax. Sec. 7. That the commissioners aforesaid shall have the power to tax all peddlers, vendue masters and itinerant traders who vend or sell any goods, wares or merchandise within said town; may tax all circus companies, and exhibitions of animal or other shows; also, all billiard-tables, nine or ten-pin alleys that may be established in said town: Provided , That said tax in no case shall exceed the sum of fifty dollars: And provided , That nothing in this act shall be so construed as to authorize said commissioners to levy and assess any tax upon any property in said town, and held by any religious society, or any property situated or owned in said town devoted to educational purposes, and not laid out in town lots. Other taxes. Proviso. Sec. 8. That all persons residing within the limits of said town shall be exempt from road duty without the limits of said town. Exemption. Sec. 9. That the commissioners of said town of Wooten shall have full and entire control and jurisdiction over the

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retailing of spirituous liquors within the corporate limits of the same; shall have power to grant or withhold license at their discretion, and when licences are granted, may charge for any such license any sum of not more than fifty dollars; and that any person or persons who shall sell, or cause to be sold within said town, any quantity of spirituous liquors less than one gallonunless it be for medicinal purposeswithout having a license to do so, shall be subject to all the pains and penalties prescribed for the violation of the retail laws now of force in this State. Liquor license. Penalty. Sec. 10. Repeals conflicting laws. Approved August 23, 1872. DIVISION III. INSURANCE COMPANIES. No. Act. 185. Commercial Insurance Banking Company of Augusta. Georgia Reliable Insurance Company of Atlanta. No. Act. 187. Mutual Insurance Company of Georgia. Rome Cherokee Mutual Insurance Company of Georgia. (No. 185O. No. 434.) An act to be entitled an act to amend an act entitled an act to incorporate an insurance company in the city of Augusta, to be called the Commercial Insurance Company of Augusta, approved April 18, 1863. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That the second section of the above recited act be amended by inserting the words and banking between the words insurance and company in said section, so that the name and style of said company shall be, henceforward, The Commercial Insurance Banking Company of Augusta. Section 2 amended. Sec. 2. Repeals conflicting laws. Approved August 28, 1872.

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(No. 186O. No. 131.) An act to incorporate the Georgia Reliable Insurance Company, of the city of Atlanta. Section 1. The General Assembly of Georgia do enact , That there shall be established, in the city of Atlanta, an insurance company, the capital stock of which shall be one hundred thousand dollars, with the privilege of increasing the same to five hundred thousand dollars, to be divided into such number of shares as may be determined by the stockholders; and they may organize when fifty thousand dollars of capital stock has been subscribed, and when twenty thousand dollars of said subscriptions have been paid in, the stockholders to be liable to pay the full amount subscribed if called upon to do so. Capital stock. Liability. Sec. 2. That Robert J. Lowry, John H. James, James H. Porter, John T. Grant and Robert F. Maddox, or any three of them, citizens of the city of Atlanta, and their associates and successors, are hereby created a body corporate and politic, under the name and style of the Georgia Reliable Insurance Company, by which name they may have, purchase, receive, possess, enjoy and retain and sell property of all kinds; sue and be sued; plead and be impleaded in all courts of law and equity; have and use a common seal, which they may break, alter and renew at pleasure; elect its own officers and make such rules and by-laws as may be deemed necessary to carry into effect the objects of this corporation. Corporators Name. General powers. Sec. 3. That said corporation shall be managed by not less than five directors, a majority of whom shall constitute a quorum for the transaction of business, each of which directors shall be a stockholder to the amount of twenty-five hundred dollars, who shall be elected at such time and place as the corporators and their successors may designate, and hold their office for one year, or until their successors are elected. The directors aforesaid shall, out of their number, elect a president, who shall serve for twelve months, or until a successor is elected, and fill any vacancy, by death or otherwise, in the office of president, and, with the advice and consent of the president, elect a secretary, actuary, or any other officer or agents, whose services may be needed in carrying out the objects of this corporation; a vacancy in the board of directors can only be filled by the stockholders, at a meeting held after notice of the time and place of meeting; and further, that there shall be one vote for each share, and absent stockholders may vote by proxy, provided the party so voting as proxy is himself a stockholder. Directors. Election. President. Vacancies. Other officers. Sec. 4. That said president and directors shall have power to appoint and remove at pleasure all officers or agents of said corporation; they shall have power to appoint agents and locate officers in such places and at such times as they

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shall deem best for the interests of said company; to prescribe the duties of agents and officers; to take from them bonds for the faithfal performance thereof; to appoint a president pro tem. in the absence of the president; and further, that said president and directors shall have power and authority, from time to time, to call for the payment of the unpaid stock in such sums as they may deem proper, and such stock shall be considered and held as personal property; and upon the neglect or refusal of any stockholder to pay the installments as called for by the president and directors, thereupon ten days' notice being given in one or more of the city papers, said board may sell such stock at public outcry, and said delinquent stockholders 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 have power to give the holders of policies of said company the right to participate in the net profits of the company, to such an extent, in such a manner and upon such terms as they shall deem proper. May appoint and remove officers. Unpaid stock. Defaulters. Dividends. Profits. Sec. 5. That said corporation shall have authority to insure against losses by fire in all kinds of property, either real, personal or mixed; also, against all hazards of ocean or inland navigation and transportation of every kind; 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 said company shall be liable to make good and to 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 said company, 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 said company; and said company shall have power to receive money on deposit, to loan and borrow money, to take and give securities therefor, as may be considered best; to invest its moneys upon such terms as may be 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 investments of its funds; and said company shall have power and authority to make reinsurances of any risks that may be taken by them. May insure against what. Policieshow to be signed. General powers. Sec. 6. That the said company shall be responsible to its creditors to the extent of its property, and the stockholders shall be liable, to the full extent of the amount of their respective stock, for the debts of the company, in proportion to the number of shares held by each, and no further; that all

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claims for losses against said company shall be due and payable in sixty days after proof of the loss has been furnished at the office of said company, and in disputed cases in ten days after final decision of the proper tribunal, and in each case named, the sum ascertained to be due shall bear interest from the time made due and payable. Liability. Losses. Sec. 7. That all bills, bonds and promissory 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 they were made payable at any bank in this State: Provided , That nothing herein contained shall be so construed as to authorize said company to issue bills or notes to be used as money. Bills, etc. Sec. 8. That this charter shall continue and be in full force for the term of thirty years. Charter. Sec. 9. Repeals conflicting laws. Approved August 23, 1872. No. 187(O. No. 93.) An act to incorporate the Mutual Insurance Company of Georgia, and to confer certain privileges thereon. Whereas, It is the desire of certain persons, hereinafter named, to associate themselves together for the purpose of transacting the business of insurance, believing that it will largely contribute to the prosperity of the State; and whereas, the said persons have petitioned the Legislature to incorporate them, that they may be better able to carry out their laudable object: therefore Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , 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. Capital. Shares. Sec. 2. Be it further enacted , That J. W. Lathop, A. S. Hartridge, George W. Wylley, Thomas H. Austin, Charles S. Hardee, A. M. Sloan, Emanuel Heidt, James H. Johnson, William W. Gordon, James Lippman, William W. Kirkland, A. J. Brady, R. J. Davant, Jr., and Thomas Arkwright, be, and are hereby, created a body corporate, with their associates and successors, under the name of the Mutual Insurance

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Company of Georgia, 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 same at pleasure; and make such by-laws, rules and regulations as may be deemed necessary to carry into effect the object of this corporation. Corporators Name. By-laws. 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 corporation 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 annually the second Wednesday in October, 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. Directors. Election. President. 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 insure against what. Losses. Policies. Sec. 5. Be it further enacted , That the said president and directors shall have power to appoint and remove at pleasure

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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 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. Officers and agents. Unpaid stock. Dividends. Sec. 6. Be it further enacted , That the said company shall be responsible to its creditors to the extent of its property, and each stockholder shall be bound in his private capacity to any creditor of the company for the amount of stock subscribed for by him, until the subscription is fully paid up, or until such stockholder shall have paid, out of his own private property, debts of the company to an amount equal to his unpaid subscription. 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. Losseswhen due. Sec. 8. Be it further enacted , That all bills, bonds and promissory notes, made payable at the office of the 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. Bills, notes, 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. Charter. Sec. 10. Repeals conflicting laws. Approved August 23, 1872.

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(No. 188O. No. 411.) An act to incorporate the Rome Cherokee Mutual Insurance Company of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That Wade S. Cothran, Hugh D. Cothran, Charles H. Stillwell, Charles O. Stillwell, Francis I. Stone, Joseph J. Cohen, Charles G. Samuels, Cain Glover, Elen Hillyer, Jesse C. McDonald, Thomas J. Perry, James M. Elliott, Henry A. Smith, and their associates and successors, shall be a corporation, under the name and style of the Rome Cherokee Mutual Insurance Company of Georgia, and may keep their chief office at Rome, Floyd county, and may appoint agents to extend their business in other parts of the State, and beyond the limits of the State, as may be agreed upon by the officers of the company, herein provided for, and shall elect their own officers, and shall enjoy all the privileges and powers incident to such corporations. Corporators Name. General powers. Sec. 2. Be it further enacted , That, at all meetings of said corporation, every matter shall be decided by a majority of votes, each member holding a policy for one year or longer being allowed one vote, and, if his policy exceeds one thousand dollars, an additional vote for each additional thousand dollars: Provided , That insurers, under open policies, shall be entitled to vote in proportion to the amount actually insured, under such policies, but in no case to exceed ten votes under any single open policy, nor shall any member of the corporation, nor any other person, give or cast a larger number of votes than fifty, either for himself, or as proxy representing other members of the corporation. Mattershow decided. Proviso. Sec. 3. Be it further enacted , That said corporation, so soon as organized, shall elect a board of directors to manage its business for one year, and elect a similar board each year thereafterthe old board to retain and exercise its rights and powers until a new board be elected and prepared to assume its duties; that the board of directors shall appoint all the officers and agents necessary for the safe and successful management of the business of the corporation, and to determine and give salaries and compensation for the services of such officers and agents; that the board of directors shall not be less than seven, nor more than nine, in number, and a majority of either number shall be a quorum for the transaction of business. Annual election. Agents, etc. Sec. 4. Be it further enacted , That said corporation may insure all buildings, goods or other species of property against loss or damage by fire, or water, or other hazards incident to land or water transportation, such damage or loss not resulting from the carelessness, negligence or design of the party insured, and to any amount not exceeding three-fourths of the

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value of the property insuredproperty on shipboard or in storage not subject to this limitation, and not to exceed ten thousand dollars on any block of buildings, or any one stock of goods in buildings or on shipboard. May insure what. Limit. Sec. 5. Be it further enacted , That whenever the said corporation shall give insurance on property, the person receiving such policy shall become entitled to all the rights of a member of said corporation for the time he may be insured therein, and shall give his note or bond for the amount of premium required, and shall pay on said note or bond such an amount in cash as may be determined on, the same to be indorsed as a credit on said note or bond; and the directors may, at any time when the necessities of the company require it, collect such further sum as may be necessary, by making assessments on said notes or bonds, proportioned to the amounts of the same, and after thirty days' notice. In the event a surplus beyond the necessities of the company and the safety of the insured shall be accumulated, such surplus may, at the option of the company, be used in permanent investments, or in dividends to the stockholders. Rights of insured. Moneyhow raised. Investm'nts Sec. 6. Be it further enacted , That whenever any person shall sustain any loss of property, insured in said company, he shall, within thirty days after his knowledge of said loss, and, in case of real estate, before any repairs or alterations are made, give notice, in writing, of the same, to some one of the directors, or other persons appointed by the directors, whose duty it shall be to view immediately the premises where the loss occurred, or otherwise make satisfactory inquiries into the circumstances attending it, and, under oath, determine, in writing by him subscribed, the amount, if any, of the liabilities of said company for such loss; and, that a satisfactory estimate may be made, the party insured shall be held to exhibit books and to aid in the survey, and if the party insured shall not acquiesce in the estimate so made, he may, within sixty days after he is notified of the estimate, bring an action at law against said company. If in this action he shall not receive as damages more than the amount estimated as aforesaid, he shall be liable for all costs incurred in the suit, and execution shall issue against the corporation only for such amount as may be allowed, after deducting said costs of suit, but if the amount allowed be greater than the estimate, then the corporation shall be liable for all cost of suit, and in all suits at law, or in equity, prosecuted for or against said corporation, any member thereof, not being a party in his individual character to such suit or suits, shall be a competent witness. Losses. Suits. Sec. 7. Be it further enacted , That said corporation shall be entitled to hold real and personal estate, to any amount necessary, for the purposes and interests of the same; shall have and use a common seal, and shall have power to make

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such by-laws, rules and regulations as may be found necessary for the success of the company, and are not repugnant to the laws of this State. May own property. Sec. 8. Be it further enacted , That when said company shall make insurance on any property, the interest of the person insured in said property shall be held as security for the payment of the deposit note or bond given to the corporation, and the policy of the insured shall, from the time it issues, create a lien on said property, and no transfer of the said property shall effect the said lien: Provided , It shall be expressed in the policy that the insurance is made subject to such lien; and in case of loss or payment therefor, the party insured shall receive in part payment the premium note given for the insurance of the said property. Deposit note or bond Proviso. Sec. 9. Be it further enacted , That if any member of said corporation obtaining insurance, or in case of his death, his legal representative shall refuse or neglect to pay any assessment within thirty days after the demand be made, or any installment on his deposit note, he shall be liable to a suit therefor, by the corporation through its proper officer, in any court having jurisdiction; and also the liability of the company for the policy under which the payment is withheld shall be suspended until said payment is made, and if said payment is not made within six months, the said policy shall be, to all intents and purposes, forever forfeited. Assessment. Sec. 10. Be it further enacted , That any three or more of the persons herein named may call the first meeting by advertising the same, or giving notice thereof in any proper manner. First meeting. Sec. 11. Be it further enacted , That said company shall have the authority to issue policies of insurance when the amount of cash and deposit notes or bonds in hand shall be such as to make the parties insured safe against all loss. Policies. Sec. 12. Be it further enacted , That so much of the deposit note or bond as remains unpaid shall be void on the expiration of the policy for which said note or bond was given: Provided , There be no unpaid assessments existing, or no losses unprovided for at the time. Depositwhen. Sec. 13. Repeals conflicting laws. Approved August 27, 1872.

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DIVISION IV. MANUFACTURING COMPANIES. No. Act. 189. Athens Gaslight Company. 190. Athens Manufacturing Company. 191. Chattahoochee Manufacturing [Company. 192. Cherokee Manufacturing Company. 193. Citizens' Gaslight Company of Atlanta. 194. Cotton and woolen fabricsmanufacture of. 195. Cumming Manufacturing Company. 196. Etna Manufacturing Company. No. Act. 197. Excelsior Gaslight Company. 198. Fox Valley Manufacturing Company. 199. Oakley Mills Manufacturing Company. 200. Rome Iron Manufacturing Company. 201. Rome Gaslight Company. 202. Rome Hollow-ware Stove Manufacturing Company. 203. Talraver Mills. 204. Savannah Brick Manufacturing Company. No. 189(O. No. 106.) An act to incorporate the Athens Gaslight Company, and to grant certain powers to the same. Section 1. The General Assembly of the State of Georgia do enact , That John A. Cobb, Rufus L. Moss, Lamar Cobb, John W. Nicholson, Alexander S. Erwin and Howell Cobb, 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 Athens Gaslight Company, and as such shall have power to make and use a common seal, and the same at their pleasure to alter or renew; to make and execute such by-laws and regulations, not repugnant to the Constitution and laws of this State, or the United States, as they may deem necessary or convenient for the government of the corporation; sue and be sued; plead and be impleaded in any court of law and equity; to purchase, receive and hold lands, tenements, goods and chattels, and the same to sell, convey or assign, and generally to have, exercise and enjoy all such rights and privileges, and be subject to such liabilities, as are incident to bodies politic and corporate. Corporators Name. General powers. Sec. 2. Be it further enacted , That the said corporation shall have full and exclusive power and authority to manufacture and sell gas, to be made of coal, resin, pine, wood or other material, for lighting the streets, public and private

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buildings, and other places in the town of Athens, and shall be, and is hereby, authorized and empowered to lay down, in any and all of the streets, lanes, avenues, squares and public grounds of the town of Athens, gas-pipes and other apparatus for conducting gas through the same, and to erect therein such gas-posts, burners or reflectors as may be necessary or convenient: Provided , That nothing in the foregoing section shall be so construed as to prevent any private individual or individuals or corporation from making or manufacturing gas for their own consumption. Exclusive power. Proviso. Sec. 3. Be it further enacted , That the capital stock of said corporation shall be twenty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars whenever the board of directors shall so determine, and shall be divided into shares of one hundred dollars each, transferable only on the transfer books of said company, and, until such transfer is regularly made thereon, shall be held, bound and liable for all debts due and owing said corporation by the holder thereof, and by order of the directors, in conformity with such regulations 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 individual stockholders to the company, the company accounting to such stockholders for any surplus of the proceeds of such sale remaining after the payment of such debt or debts. Capital stock. Shares. Liability. Sec. 4. Be it further enacted , That the affairs of said corporation shall be managed by a board of directors, not exceeding five in number, who shall have power to elect the ncessary officers to carry on the business of said corporation, said directors to be elected annually, on such days as may be fixed by the by-laws of the company, 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 stock may be represented by the attorney or proxy of the stockholders. Directors. Election. 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 office as such until others be elected in conformity to the by-laws. Continuewhen. 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, concern or other thing whatever, appertaining to the gas-works of said company, whereby the same may be stopped, obstructed or injured, the person or persons so offending shall be deemed guilty of, and may be indicted for, a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4245 of Revised Code, and such criminal prosecution shall in no wise

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impair the right of action for damages which the said company may institute in any courts having cognizance and jurisdiction of the same; and this charter shall be of full force for thirty years. Penalty. Damages. Sec. 7. Repeals conflicting laws. Approved August 23, 1872. (No. 190O. No. 430.) An act for the relief of the Athens Manufacturing Company. Whereas, The Athens Manufacturing Company, by its agent, R. L. Bloomfield, did, in the year 1870, under instructions from the Comptroller General to the Receiver of Tax Returns of Clarke county, and under protest by said agent, return for State and county tax, a capital stock of said company at the then market value, instead of the par value, and did, also, under the same circumstances, return the yarns, cloths and other manufactured goods owned by said company, but which were then in other States held for sale; and whereas, said returns, so required by the Comptroller General, were illegal, and said company should have been required to return its capital stock at only par value, per share, and also to return only such yarns, cloths and other manufactured goods as were then held by said company in the State of Georgia; and whereas, by said return, required by the Comptroller General, said company did pay a tax of one per cent. upon one hundred and eighty thousand dollars, amounting to eighteen hundred dollars, when the legal return would only have required said company to pay a tax of one per cent. upon one hundred and twenty-five thousand dollars, amounting to twelve hundred and fifty dollars, thereby imposing an illegal and excessive tax of five hundred and fifty dollars upon said company; and whereas, four-tenths of said excessive tax was State tax, and six-tenths was county tax: therefore Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That the sum of two hundred and twenty dollars be refunded to the said Athens Manufacturing Company, and the Governor is hereby required to draw his warrant upon the State Treasurer, in favor of said Athens Manufacturing Company, for the said sum of two hundred and twenty dollars, and the Ordinary of the county of Clarke is hereby required to refund to said Athens Manufacturing Company six-tenths of said illegal tax, to-wit: the sum of three hundred and thirty dollars. Tax to be refunded.

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Sec. 2. And be it further enacted , That all laws and parts of laws conflicting with this act be, and the same are hereby, repealed. Approved August 28, 1872. (No. 191O. No. 198.) An act to amend an act, approved December 9, 1871, entitled an act to incorporate the Chattahoochee Manufacturing Company, and for other purposes. Section 1. The General Assembly of Georgia do enact , That the name of said company be changed to the Atlanta Manufacturing Company. Name changed. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 192O. No. 328.) An act to alter and amend an act entitled an act to incorporate the Cherokee Manufacturing Company, located in Cherokee county, Georgia, and to define the rights, privileges and limitations of the same, approved December 19, 1859. Section 1. Be it enacted by the Senate and House of Representatives , That, from and after the passage of this act, the above and foregoing recited act shall be amended as follows, to wit: The names of Henry Strickland, Joshua Roberts, Elias E. Field, Elijah M. Field and Alfred M. Eastman, part of the corporators in said act, shall be stricken out, and shall no longer be corporators in said act or charter, but the names of the corporators shall be Samuel S. McConnell, James McConnell, William Gresham, Hiram J. Lumpkin, Smith Lemon, Joseph E. Brown and James R. Brown. Corporators Sec. 2. That the name of said company shall be changed from the Cherokee Manufacturing Company to the Joe Brown Manufacturing Company. Name. Sec. 3. That the capital stock of said company shall be fifty thousand dollars, with the right of the stockholders to increase the same to one hundred thousand dollars, and shall be divided into shares of fifty dollars each. Capital stock. Shares. Sec. 4. Be it further enacted , That, so soon as the sum of twenty thousand dollars of the stock of said company shall

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be subscribed, said company may organize, elect officers and commence business; and any two or more of said corporators shall have power to open books for the subscription in such manner and at such place or places as they may deem best; and when as much as twenty thousand dollars of said stock shall be subscribed, the stockholders may meet and organize in such manner as they may deem proper. Commence businesswhen. Subscription books. Sec. 5. That all subscriptions of stock in said company shall be cash subscriptions, but, by consent of the stockholders, any person may subscribe such land or real estate as the said company may need to carry on said businessthe value of which shall be agreed upon between the party who makes such subscription and the other stockholders of the company. Subscriptions. Sec. 6. That each stockholder in said company shall be personally liable for all the debts of said company, contracted while he is a stockholder in the same, in proportion to the amount of his stock, and no more. Liability. Sec. 7. That the proviso to section ninth of the act to which this is amendatory, be, and the same is hereby, repealed. Exemption. Sec. 8. That the capital stock of said company shall be exempt from taxation for two years from the time said company commences work. Sec. 9. Repeals conflicting laws. Approved August 26, 1872. (No 193O. No. 398.) An act to incorporate the Citizens' Gaslight Company of Atlanta. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That J. M. Willis, George W. Adair, Miles G. Dobbins, Joseph T. Eichberg, T. W. Hooper and C. P. Cassin, 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 Citizens' 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 by-laws, rules and regulations, not in conflict with the laws of the State of Georgia, or the United States, as they may deem necessary or convenient for the government of the corporation; to have perpetual succession of members and officers, conformable to such by-laws, rules and regulations;

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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 be subject to all such liabilities as are incident to bodies politic and corporate: Provided , That the passage of this act shall not operate so as to divest any vested right in any company now supplying gas in said city. Corporators Name. By-laws, Privileges. Proviso. Sec. 2. And be it further enacted by the authority aforesaid , That said corporation shall have full power and authority to make, manufacture and sell gas, to be made of coal, resin 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, avenues, alleys, lanes and squares, and public grounds of said city, gas-pipes and other apparatus for conducting gas through the same, and to erect therein such posts, burners and reflectors as may be necessary or convenient: Provided , That no power is hereby granted to injure, in any wise, any of said streets, avenues, alleys, lanes or thoroughfares, but that the same shall be left in as good condition as they were before the laying down of said pipes, conductors or other apparatus. General powers. Sec. 3. And be it further enacted by the authority aforesaid , That the capital stock of the said corporation shall be divided into shares of one hundred 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 dues due by the individual stockholders to the company, which shall account to such stockholders for any surplus of the proceeds of said sales remaining after the payment of such debt or debts. Shares. Sec. 4. 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 discharge the duties of, president of said corporation; and that at all elections of said 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. Election. Sec. 5. 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

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shall not, for that cause, be dissolved, but the directors previously elected shall continue to exercise, as heretofore, the functions of their office as such, until others be elected in conformance with the by-laws. In case of no election. Sec. 6. 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 apparatus whatever, pertaining to the gas-works of said company, whereby the same may be stopped, obstructed or injured, the person or persons so offending shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine not exceeding three hundred dollars, or imprisonment in the common jail, not exceeding ninety days, or by both fine and imprisonment, not exceeding said sum and time-being; but such criminal prosecution shall in no wise impair the civil right of action for damages, which said company is hereby authorized to institute in any court having cognizance and jurisdiction thereof. Injury of property. Sec. 7. Repeals conflicting laws. Approved August 27, 1872. (No. 194O. No. 414.) An act to encourage the manufacture of cotton and woolen fabrics in the State of Georgia. Section 1. The Senate and House of Representatives of the State of Georgia in General Assembly met do enact , That, for the purpose of inducing the investment and employment of capital in the manufacture of cotton and woolen fabrcs and yarns within the State aforesaid, any individual or individuals, and any body corporate, that shall hereafter invest money to be employed in the erection and operation of any mill or mills within the said State, for the manufacture of fabrics out of cotton or wool, or both, whether such investment be applied in the establishment of a new factory or in the extension or enlargement of a now existing factory, shall be exempt from taxation for State, county and municipal purposes on the capital so invested, and on any property purchased or erected therewith, intended for and necessary to such manufacture, for the term of ten years, from and after the laying of the foundation of the mills so to be erected; and it shall be the duty of any individual, or individuals, or body corporate, claiming the benefit of such exemption, to report to the Comptroller General of the State the amount of capital so invested, and the time when the foundation of the mills reached the surface of the ground where situated: Provided ,

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That, in case of the extension or enlargement of any factory now established and in operation, this act shall not be so construed as to exempt from taxation investments made and applied to such purposes prior to the passage of this act. Exempt from taxation. Proviso. Sec. 2. That it shall not be lawful for any State, county or municipal officer to require any individual, or individuals, or body corporate, who shall make such investments as described in the first section of this act, after its passage, and shall give notice thereof to the Comptroller General as therein provided, to return for taxation, or to pay any tax upon capital so invested, or upon property so purchased or erected, within the time of such exemption, any law, usage or custom, to the contrary notwithstanding. Payment prohibited. Approved August 27, 1872. (No. 195O. No. 34.) An act to incorporate the Cumming Manufacturing Company. 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 Edward Thomas, Charles J. Jenkins, John P. King, Henry Moore, Thomas G. Barrett, George T. Jackson, William H. Goodrich, John J. Cohen, Michael O'Dowd and James J. Gregg, and others, and their successors and associates, are hereby made and created a body politic and corporate, under the name and style of the Cumming Manufacturing Company of Augusta, for the purpose of manufacturing cotton yarns and cloths, and such other fabrics as the demands of the community may require, and for procuring and making such machinery to carry on said manufactories, and also for the transaction of such business as may be connected with the above purposes, with a capital of three hundred and fifty thousand dollars, in shares of one hundred dollars each, with the privilege of increasing the said capital to any extent not exceeding one million dollars, the consent of a majority of the stockholders to such increase being first had and obtained. Corporators. Name. Objects of. Capital. Sec. 2. Be it further enacted , That the said corporators may purchase and hold such real estate as may be required for their purposes, or such as they may acquire and hold, or take in settlement for any debts due to them, and may dispose of the same; and may erect such mills, machine-shops and other buildings thereon as may be deemed necessary; and

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may sue and be sued; have and use a common seal, and make such by-laws for the regulation and government of said corporation, not inconsistent with the Constitution and laws of the United States, and of this State, as may be deemed necessary, and shall have generally all the rights, powers and privileges in law incident or appertaining to corporations. General powers. Sec. 3. Be it further enacted , That, if the owner of any share shall neglect or refuse to pay any installment assessed thereon for the space of forty days after the time appointed for the payment thereof, the treasurer of the company may, by order of the board of directors, sell at public auction a sufficient number of shares held by such defaulter to pay all installments then due by him, together with all necessary and incidental charges, and the treasurer shall give notice of the time and place of such sale, and of the sum due on each share, by advertising the same for two successive weeks previous to such sale, in some newspaper in the city of Augusta; and a bill of sale of the shares so sold shall be made by the treasurer of the company 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 for all future installments on the stock he may purchase. Assessment. Defaulters. Sec. 4. Be it further enacted , That each and every stockholder shall be bound in his or her private capacity to any creditor of said corporation for the amount of stock subscribed for by him or her until the said subscription is fully paid up, or until the stockholder shall have paid, out of his or her private property, debts of the said corporation to an amount equal to his or her unpaid subscription. Stockholders bound how. Sec. 5. Be it further enacted , That this act shall be a public act, and shall continue of force during the term of thirty years. Duration of act. Approved August 13, 1872. (No. 196.O. No. 71.) An act to incorporate the Etna Manufacturing Company, and for other purposes . 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 Alfred Shorter, P. Van DeVander, H. D. Cothran, L. H. Walthall, W. S. Cothran, Terrence McGuire, J. S. Bones Co., John T. Burns and H. Ake, and such others as they may associate with them, and their successors and assigns, be, and

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they are hereby, constituted a body corporate and politic, under the name and style of the Etna Iron Manufacturing Company, and by that name shall be, and are hereby, made able and capable of purchasing and holding any and all real estate that may be acquired by purchase, or otherwise, necessary for said corporation to carry on its works, and to use and dispose of the same at will, by sale, grant or otherwise; may sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto, in any court of competent jurisdiction; to make and use a common seal, and alter the same at pleasure, and do all other acts competent to a body politic. Corporators Name. Powers. Seal. Sec. 2. That said company shall have power to make pigiron, and manufacture the same in any way and manner that may to them seem proper, and shall have power and authority to erect such buildings, and buy any and all machinery, that may be necessary for the same. May manufacture iron. Sec. 3. That the works of said company shall be located in Polk county, with the privilege of keeping an office in the city of Rome, Floyd county, and the right also to establish a branch manufactory at said city of Rome, with all the powers and privileges of this charter. Location. Office. Sec. 4. That the capital stock of said company shall be seventy-five thousand dollars, with the privilege of increasing the same to one million dollars, and shall consist of shares of one hundred dollars each. Capital stock. Shares. Sec. 5. That there shall be a president and board of directors, elected by the stockholders, who shall have power to make and prescribe such by-laws, rules and regulations as they may see proper, and not inconsistent with the Constitution and laws of this State; said board of directors shall have power to create such offices, and fill the same, and fix such salaries as to them may seem proper: Provided , That upon a call, published at least thirty days in some newspaper in the city of Rome, by two-thirds of the stockholders, the president shall call a meeting of the same. President and directorspowers Proviso. Sec. 6. Be it further enacted , That it shall not be lawful for any person to sell or dispose of any ardent spirits, or to keep the same for sale, at any point within three miles of the works of said company, situated in Polk county, and any person who sells, within said limits, any whisky, brandy or wine, or other intoxicating liquors, shall be guilty of a misdemeanor, and, upon trial and conviction, shall be subject to a fine of five hundred dollars for each offense, or imprisonment in the county jail for a period not exceeding six months. Ardent spirits. Sec. 7. Repeals conflicting laws. Approved August 22, 1872.

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(No. 197O. No. 346.) An act to incorporate the Excelsior Gaslight Company . 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 Andrew Low, Julian Hartridge, Allen Fullarton, Octavus Cohen, Jr., C. R. Goodwin, D. Callahan, Charles I. Miller, Clavius Phillips, and their associates and successors, shall be, and they are hereby incorporated, made and declared a body politic and corporate, in deed and in law, by the name and style of the Excelsior Gaslight Company, and, as such body politic and corporate, shall have power to make, use and keep a common seal, and the same at will to alter; to make all necessary by-laws not repugnant to the laws of the land; and to have succession of officers and members conformably to such by-laws; and to sue and be sued, implead and be impleaded in any court of law or equity in this State; and to have, use and enjoy all other rights, and be subject to all other liabilities which are incidental to bodies corporate. Corporators Name. Seal. By-laws. Sec. 2. And be it further enacted , That the said corporation shall have full power and authority to manufacture, make and sell gas, to be made of rosin, coal, oil, turpentine or any other material or materials, and to furnish such quantities of gas as may be required, in the city of Savannah, for lighting the streets, stores and buildings there situate, and for other purposes; to lay pipes or other conductors for conducting gas through the streets, alleys, lanes and squares of the city of Savannah aforesaid: Provided , That such streets, alleys, lanes and squares shall be left in as good condition as they were at the time of laying such pipes or other conductors; and, also, to erect such buildings, and to hold such real and personal estate as may be requisite or necessary to carry on the business aforesaid; and the said corporation shall have power to raise, by subscription, in shares of twenty-five dollars each, a capital of one hundred thousand dollars, with the privilege of increasing the same to two hundred thousand dollars; and the said corporation shall not go into operation, nor the rights, privileges and franchises hereby granted attached, until twenty thousand dollars of the capital aforesaid shall have been actually paid, in gold or silver, current coin or the current notes of the incorporated banks of this State, and an oath or affirmation thereof shall have been made by the president, treasurer and a majority of the board of directors of the said company, and recorded in the office of the Clerk of the Superior Court of Chatham county. General powers. Proviso. May erect buildings. Capital. Commence businesswhen. Sec. 3. And be it further enacted , That the said shares in the capital stock aforesaid, of the said corporation, shall be deemed personal estate, and be transferable only on the books

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of the said corporation, and no part of said capital stock shall at any time, or under any pretense whatever, be loaned to or divided amongst the stockholders, nor shall the said capital stock be withdrawn or divided amongst the stockholders until all the liabilities of the said corporation have been lawfully paid; nor shall any dividend or dividends be at any time declared, except of the clear earnings and profits of the said company, over and above capital. Shares transferable Dividends. Sec. 4. And be it further enacted , That if the proprietor of any share shall neglect or refuse to pay any installment assessed thereon, for the space of thirty days after the time appointed for the payment thereof, the treasurer of the company may, by order of the board of directors, 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 and incidental charges; and the treasurer shall give notice of the time and place of such sale, and of the sum due on each share, by advertising the same for two successive weeks previous to such sale, in some newspaper in the city of Savannah; and a bill of sale of the shares so sold shall be made by the treasurer of the company 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 for all future installments on the stock he may purchase. Defaulters. Sec. 5. And be it further enacted , That the said Andrew Low, Julian Hartridge, Allan Fullarton, Octavus Cohen, Jr., C. R. Goodwin, D. Callahan, Charles I. Miller and Clavius Phillips may open books and take subscriptions for the capital stock of said company, in such manner as they may deem expedient, and whenever such subscriptions shall amount to the sum of fifty thousand dollars, the stockholders, having had two weeks' notice in writing, or in one of the public newspapers in the city of Savannah, may meet and proceed to elect a president, treasurer and board of directors, or such other officers as they may deem necessary for organizing the said company and conducting the affairs thereof; and the said board of directors shall continue in office until their successors shall have been duly elected, and, until otherwise provided for by the by-laws of the said corporation, shall have power to dispose of the residue of the capital stock of the said company not subscribed for in such manner, and at such times, as they may deem fit; and at said election for officers, and at all other meetings of the said company, (not subscribed for in such manner, and at such times, as they may deem fit; and at said election of officers, and at all other meetings of the said company,) every stockholder shall be entitled to one vote for every share held by him. Books of subscripti'n Election. How to vote. Sec. 6. And be it further enacted , That the directors shall submit to the stockholders, annually, a written statement, under oath or affirmation of the treasurer of the corporation,

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setting forth the amount of the capital stock paid in, and of the general assets of the company, and also the amount of all existing debts and liabilities of the said company. Annual statement. Sec. 7. And be it further enacted , That any person willfully injuring, or causing to be injured, any of the property of the said corporation shall forfeit and pay to the said corporation treble the amount of damages sustained by any such injury, to be recovered by action in any court having cognizance thereof. Injury to propertydamages. Sec. 8. And be it further enacted , That this act shall continue in force for thirty years, and no part of the capital stock, nor any of the funds of the said corporation, shall at any time, during the continuance of this charter, be used or employed, directly or indirectly, in banking operations, or for any other purpose whatsoever, inconsistent with this act. Charter. Sec. 9. Repeals conflicting laws. Approved August 26, 1872. (No. 198O. No. 215.) An act to incorporate the Fox Valley Manufacturing Company, near Fort Valley, Houston county, Georgia . Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That Abraham Crowder, A. L. Brown, Elbert Fegan, Henry C. Harris, William A. Mathews, Joel R. Griffin, 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, under the name and style of the Fox Valley Manufacturing Company, near Fort Valley, in Houston 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, in all manner of actions, suits and complaints, 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 corporation to carry on the manufacturing operations before mentioned. Corporators Name. General powers.

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Sec. 2. Be it further 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 Tuesday 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, in the newspapers of Fort Valley, shall be given, not less than ten days previously, 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 agree upon such compensation, as they shall think fit, and all vacancies occurring by death, resignation or otherwise, among the directors named in this act, or those hereafter to be chosen, shall be filled by such person or persons as the remainder of the directors for the time-being, or a majority of them, shall appoint for the purpose; and the said Abraham Crowder, A. L. Brown, Elbert Feagan, Henry C. Harris, William A. Mathews and Joel R. Griffin, and the survivors of them, shall be the first directors of the said corporation, and shall hold their offices until others are legally chosen. President and directors. Annual election. Vacancies. Sec. 3. Be it further enacted , That the capital stock of the said corporation shall not exceed the sum of two hundred thousand dollars, which shall be divided into shares of one hundred dollars each; but so soon as twenty-five thousand dollars of the said capital stock shall have been subscribed and paid in, operations 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, 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 given for thirty days in the newspapers of Fort Valley, 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. Capital stock. Shares. Subscriptions may be called in. Sec. 4. Be it further enacted , That the subscription for said stock shall be opened until the sum required shall be

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subscribed, or any number of days under the direction of the board of directors, or such of them as shall be designated by the board for that purpose. Subscriptions. Sec. 5. Be it further 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 prescribed 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. Sec. 6. And be it further enacted , That in case an election for president and directors, as aforesaid, should not be held, this corporation shall not be held as dissolved, but it shall be lawful to hold such election on such other days as shall be prescribed by the by-laws of said corporation. Special election. Sec. 7. And be it further enacted , That a majority of the directors, for the time-being, 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 said corporation. Quorum. Sec. 8. Be it further enacted , That the directors shall cause to be kept a set of books, in which shall be entered all the transactions and business of said corporation. Books. Sec. 9. Be it further enacted , That this act shall continue in force for the term of thirty years from the time of its passage. Charter. Sec. 10. Repeals conflicting laws. Approved August 24, 1872. (No. 199O. No. 344.) An act to provide for the issuing of bonds by the Oakley Mills Manufacturing Company, of Cobb county, Georgia, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Oakley Mills Manufacturing Company, of the county of Cobb, in said State, be, and they are hereby, authorized to issue the bonds of said company to the amount of forty thousand dollars, bearing interest at a rate not exceeding ten per cent. per annum, payable semi-annually, and having not more than ten years to run. Name. Bonds. Sec. 2. Be it further enacted , That said bonds shall be signed by the president and superintendent of said company, who are hereby authorized, in the body of said bonds, to

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create a valid lien upon the property of said company, in order that the principal and interest of said bonds may be secured to the holders thereof. How to be signed. Lien. Sec. 3. Repeals conflicting laws. Approved August 26, 1872. (No. 200O. No. 277.) 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, viz: The said company, for the purpose of consolidating their present indebtedness, and the more successfully operating their manufacturing business, shall be authorized to borrow money and to issue bonds to the amount of one hundred thousand dollars, bearing interest at the rate of seven per cent., and to run for ten years, with interest payable semiannuallysaid bonds to be signed by the president and countersigned by the secretary of the board of directors. Name. Bonds. Sec. 2. Be it further enacted , That the preferred stock, heretofore issued by said company, is hereby declared to be valid and binding, according to the term and tenor thereof. Preferred stock. Sec. 3. Repeals conflicting laws. Approved August 24, 1872. (No. 201O. No. 326.) An act to revive and continue in force an act to incorporate the Rome Gaslight Company, approved March 1 st , 1866, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That the above recited act be, and the same is hereby, revived, and all the rights, privileges and franchises granted thereby are vested in the present Rome Gaslight Company, composed of John H. Newton, Ferdinand Phinizy, Henry H. Smith, M. E. Pentecost and Lamar Cobb. Name. Sec. 2. That the capital stock of said company may be one hundred thousand dollars, divided into shares of one hundred dollars each. Capital stock.

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Sec. 3. Be it further enacted , That the exclusive privileges hereby extended, to make and manufacture and vend gas by the said company, shall continue for thirty years from the approval of this act. Exclusive privilege. Sec. 4. Repeals conflicting laws. Approved August 26, 1872. (No. 202O. No. 376.) An act to incorporate the Rome Hollow-ware Stove Manufacturing Company, and to confer certain powers and privileges on the same. Section 1. Be it enacted by the General Assembly of the State of Georgia , That J. S. Bones Company, N. J. Bayard, Jr., W. M. Towers, Thomas E. Roper, T. F. Howell, A. Omberg, R. B. Kyle, F. J. Stone, Langdon Bowie, H. C. Burnett, and their associates and successors, be, and are hereby, made and constituted a body politic and corporate, under the name and style of the Rome Hollow-ware Stove Manufacturing Company, vested with full power to sue and be sued, plead and be impleaded, contract and be contracted with, and to buy and sell property so far as may be necessary to carry on the business of said corporation; and shall have power to make all such by-laws that may be necessary for the proper conduct of their business, not inconsistent with the Constitution and laws of the State of Georgia, or the United States. Corporators Name. General powers. Sec. 2. Be it further enacted , That the stockholders of said company may meet together and organize and elect a board of five directors, at any time after the passage of this act, on giving ten days' notice of the time and place of meeting, in one or more of the Rome city papers; and at such convention may fix the time of the regular annual meeting of the stockholders, and declare and adopt the by-laws for the government of the company in its business operations. Directors. Sec. 3. Be it further enacted , That the board of directors shall elect a president from their body, and shall also choose a secretary, and all obligations or contracts of the company shall be signed by the president and countersigned by the secretary. President and secretary. Sec. 4. Be it further enacted , That the capital stock of the company shall be fifteen thousand dollars, with the privilege of increasing the same to fifty thousand dollars, when the company shall find it to their interest to do so; and the company may, by their board of directors, borrow money for the uses

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and purposes of their business, and secure the payment of the same by giving bond and mortgage upon their corporate property. Capital stock. Sec. 5. Be it further enacted , That said company shall have authority to cast and manufacture stoves of all kinds, and all kinds of hollow-ware usually made and cast of iron metal, they may desire and deem profitable. May manufacture what Sec. 6. Be it further enacted , That the said corporation shall be responsible to its creditors to the extent of its corporate property, and the stockholders shall be individually liable only to the extent of their unpaid stock. Liability. Sec. 7. Repeals conflicting laws. Approved August 27, 1872. (No. 203O. No. 211.) An act to incorporate the Talraver Mills, in Clarke county. Section 1. Be it enacted by the General Assembly of the State of Georgia in General Assembly met, and it is enacted by the authority of the same , That Rufus L. Moss, John W. Brumby, Marcellus Stanley, Edward R. Hodgson Bro., and Samuel P. Thurmond, of Clarke county, Georgia, and their associates and successors, be, and they are hereby, incorporated, for the term of twenty years, under the name of the Talraver Mills, for the purpose of manufacturing cotton and woolen goods, flour, meal and lumber, with a capital stock of one hundred thousand dollars, and said company shall have the privilege, at any time they think proper, to increase the capital stock to three hundred thousand dollars; said corporators may organize said company, and elect their officers, and commence operation, when they shall have secured a bona fide subscription of stock to the amount of thirty thousand dollars. Corporators Name. Capital stock. Sec. 2. And be it further enacted , That the corporators aforesaid shall have the power to open books for the subscription to the capital stock of said company, at such times and places as they may determine, and to be governed by such rules as they may prescribe. Books of subscription Sec. 3. Be it further enacted , That said corporation shall have the power of making all by-laws, rules and regulations necessary for the government of the affairs of said company, to sue and be sued, and to defend any action against said company, and to have and use a common seal, and to alter the device at pleasure, and shall have the right to buy, hold or sell any real estate or other property necessary for the purposes of said corporation, and to take any real estate or other property in payment of any debts due said company. General powers.

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Sec. 4. Be it further enacted , That the site of said manufacturing company, or its main operations, shall be at or near Tallasee Shoals in the Middle Oconee river, Clarke county Georgia, and that the real estate now owned by the aforesaid corporators may be put in as capital stock at such price as may be agreed on by the corporators and the other stockholders of said company. Site of mills Sec. 5. Repeals conflicting laws. Approved August 24, 1872. (No. 204O. No. 417.) An act to incorporate the Savannah Brick Manufacturing Company, and for other purposes. Section 1. The General Assembly do enact , That E. C. Swain, Henry Roberts, Nathan B. Brown and John White, and their associate stockholders and successors, be, and they are hereby, made a body politic and corporate, under the name and style of the Savannah Brick Manufacturing Company, for the purpose of manufacturing and vending bricks and other building material within this State, on any land or lands that they now own, or may hereafter own or become possessed of, by purchase, lease or otherwise, that they may deem expedient; and, by the name and style aforesaid, to sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity in this State having competent jurisdiction; to have and use a common seal, and the same to change and alter at their pleasure; to make and execute contracts, promissory notes, bonds and other obligations, under seal or not under seal, and with or without their corporate sealall of which shall bind the property and interests of said corporation; to make, ordain and establish by-laws, rules and regulations as may be necessary and expedient to carry into effect the objects of said company: Provided , That such by-laws, rules and regulations are not inconsistent with the laws of this State, or of the United States; and to use, have and enjoy all rights, privileges and franchises which are incident or pertaining to corporations. Corporators Name. General powers. Sec. 2. And be it further enacted , That the corporation hereby created shall, by its corporate name, be capable of holding, selling, purchasing and conveying the real and personal estate now held and owned by said company, or any other real and personal property whatsoever that may hereafter be acquired, which may be necessary to enable the said corporation efficiently to carry on the operation named in the first section of this act; and shall have power to pledge or

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mortgage its real and personal property to secure the payment of debts or advances of money to its use, and to accept and hold from its debtors mortgages and other securities for debts due to said corporation. May buy and sell property. Sec. 3. And be it further enacted , That the capital stock of said corporation shall consist of fifty thousand dollars of taxable property, in shares of one thousand dollars each, and the capital stock may be increased to one hundred thousand dollars whenever the corporation may desire to do so. Capital stock. Sec. 4. And be it further enacted , That the stock, property and concerns of said corporation shall be managed by a board of directors, consisting of such number of persons as the by-laws may provide, to be elected, annually, on such days as may be fixed by the by-laws, 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 stockholders, each stockholder shall be entitled to one vote for each share of stock standing in his name, and the stock may be represented by attorney, or proxy, of the stockholder; the stock of the company shall be considered personal estate, and be transferable as the by-laws may direct, and the registry and transfer of all stock shall be entered in a book to be kept for that purpose, which book shall always be open to the inspection of each and every stockholder, or their authorized representatives. Directors. Election. Transfer of stock. Sec. 5. And be it further enacted , That, in case it shall happen that an election of directors shall not be made on the day regularly appointed therefor by the by-laws of the corporation, the same shall not, for that reason, be dissolved, but it shall be lawful to hold an election on any other day, in such manner as shall be provided for in said by-laws, and the said directory shall continue in office, and all their acts shall be valid until their successors are elected. Special elections. Sec. 6. And be it further enacted , That the books of said corporation, containing their accounts and proceedings, shall, at all reasonable times, be open for the inspection of any of the stockholders, and the said corporation shall, at all times, have a lien upon all the stock or property of its members invested therein, for all debts due from them to said corporation, and pro rata for all debts due by the company. Books. Lien. Sec. 7. And be it further enacted , That the by-laws of said corporation, provided for in the first section of this act, shall regulate and prescribe the manner, time and place of holding elections of officerssuch as directors, president, treasurer, superintendent, and all others deemed necessary; the filling of vacancies in the board of directors that may occur; the paying of dividends on stock, and the transfer of stock. Elections, vacancies, etc. Sec. 8. And be it further enacted , That the office of said corporation shall be kept in the city of Savannah, in the

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county of Chatham, at which place all suits at law or in equity, except suits involving the titles to land, against said company must be brought, and service of suit shall be effected by the Sheriff, or other lawful officer, either by personal service on the president, or acting president, of said corporation, resident of said county, or by leaving the same at his most notorious place of residence in said county. Office. Suits. Sec. 9. And be it further enacted , That all the franchises and privileges conferred and established by this act shall continue of full force for thirty years, with the privilege of renewal. Charter. Sec. 10. Repeals conflicting laws. Approved August 27, 1872. DIVISION V. MINING COMPANIES. No. Act. 205. Cattle Creek Gold Mining Company. 206. Hightower Slate Works. 207. Mobile Atlanta Mining Company. No. Act. 208. Penrhyne Slate Mining Company. 209. Ralston Branch Mining Company. 210. Rowanta Slate Works. (No. 205O. No. 418.) An act to incorporate the Cattle Creek Gold Mining Company, and the Georgia Gold Mining Company, and granting certain privileges therein named. Section 1. The General Assembly of the State of Georgia do enact , That James R. Brown, George N. Lester, Samuel M. McConnel, James McConnel, their associates, successors and assigns, be, and they are hereby, incorporated and made a body corporate and politic, under the name and style of the Cattle Creek Gold Mining Company, of Cherokee county, and by that name may sue and be sued, and have succession and corporate existence for the period of thirty years, for the purpose of mining for gold, copper and other minerals, and for working, smelting and vending the same. Said corporation may purchase, lease, hold, sell and convey real estate, and do all other things necessary to effectuate the object of said company;

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said corporation may have a common seal, and change the same at pleasure, enact such by-laws, not inconsistent with the laws of this State, as the stockholders may deem necessary and proper, and have and enjoy all the rights, privileges and immunities incident to corporations, and necessary or proper to fulfill and carry out the purposes of its organization. The business of said corporation shall be conducted by such officers and agents as the stockholders may determine by the by-laws. Corporators Name. General powers. Sec. 2. That the capital stock of said company shall be fifteen thousand dollars, which shall be divided into shares of one hundred dollars each, and shall be subscribed and paid for in such manner as the corporation may, by its by-laws, direct, and in all meetings, a majority of the stock represented, in person or by proxy, shall constitute a quorum for the transaction of business. Capital stock. Quorum. Sec. 3. That said company shall not commence operations or business until at least seven thousand dollars of the capital stock shall be subscribed, and twenty per cent. thereof actually paid in money or property. Commence operationswhen. Sec. 4. That this act shall take effect from the date of its passage, and the franchises hereby granted shall not be withdrawn, during the term of the charter, unless the same shall be judicially forfeited. When to take effect. Sec. 5. That Philologus H. Loud, William L. Cleveland, M. D. Charles, D. Loud, all of the county of Fulton; James A. Thompson, of the county of Bartow, and Robert L. Logan, of the county of Clayton, and such other persons as may now, or be hereafter, associated with them, and their successors and assigns, are hereby constituted a body corporate, under the name of the Georgia Gold Mining 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 Name. Sec. 6. That the capital stock of the company shall be ten thousand dollars, divided into shares of one hundred dollars each, but may be increased to any sum not exceeding one hundred thousand dollars; and whenever the capital stock shall have been subscribed, and twenty per cent. shall have been paid in, in lawful money of the United States, the said company may organize and proceed to business under this act, and may elect five or more diriectors, 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. Capital stock. Proceed to businesswhen. General powers. Sec. 7. That the said Georgia Gold Mining Company shall have the exclusive right to work any property, with the right of inlet and outlet, ingress and egress, belonging to the State

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of Georgia, not granted to private individuals, for precious metals, for the term of thirty years, upon the payment of a royalty of two and a half per cent. of the gross product of gold or precious metals found thereon, which amount shall be certified to by the sworn statement of the president, secretary and treasurer of the company, and paid into the treasury of the State once in every three months, whenever such property of the State shall be worked by said company. Exclusive right. Sec. 8. That they may have, hold, purchase, work, lease or sub-lease, sell or mortgage, enjoy or retain to them, their successors and assigns, all property, either real or personal, as may be deemed to the interests of said incorporation; that they may have and use a corporate seal, and alter the same at their pleasure. Purchase and hold property. Sec. 9. That the private property of the stockholders shall be liable in proportion to the amount of stock subscribed by each. Liability. Sec. 10. That this charter shall continue for thirty years from the date of its passage. Charter. Sec. 11. Repeals conflicting laws. Approved August 27, 1872. (No. 206O. No. 427.) An act to incorporate the Hightower Slate Works, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That Robert A. Crawford, James F. Dever, Joseph A. Blance, E. Hulbert, John O. Waddell, 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 Hightower 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, lands, tenements and mines, of all character, and chattels of any kind as may, by them, be deemed advantageous to the objects and interests of said corporation, which are the quarrying and manufacturing of slates, and other mining and mineral working, in Polk county, in this State. Corportorsa Sec. 2. That said corporation, by its title aforesaid, may sue and be sued in any courts of this State; make and use a common seal; 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.

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Sec. 3. That the capital stock of said company shall be one hundred thousand dollars, to be paid in money or real estate, and divided into such number of shares as said corporation may determine. Capital stock. Sec. 4. That the officers of said corporation shall be such as a majority 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 amount of stock subscribed by each. Sec. 6. That the office of said company shall be located by the stockholders, and may be changed by them, upon giving thirty days' notice, published in two newspapers at the seat of government. Sec. 7. Repeals conflicting laws. Approved August 27, 1872. (No. 207O. No. 180.) An act to incorporate the Mobile Atlanta Mining Company, and for other purposes. 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 N. H. Brown, George A. Tuthill, W. D. Berry, T. T. Tyree, M. H. Bransford, Carey W. Styles, E. H. Bacon and W. H. Strother, their associates and successors, are hereby constituted a body politic and corporate, by the name of the Mobile Atlanta Mining Company, for the purpose of exploring for, working, smelting and vending copper; iron and other ores, metals, minerals and fossils, and for such purpose may erect all necessary buildings, machinery and apparatus for carrying on their operations; and by that name may sue and be sued, plead and be impleaded, appear, prosecute and defend in any court of law or equity whatsoever, in all suits and actions; may have a common seal, and the same alter or renew at pleasure, and may enjoy all the privileges incident to corporations, and may purchase, hold, mortgage, transfer and convey any real or personal estate. Corporators. Name. General powers. Sec. 2. That the first meeting of said corporation may be called by the persons named in this act, or any three of them, at such time and place as they may elect, and at such meeting, a board of directors shall be chosen from among the stockholders by the vote of a majority of the stockholders present at such meeting, and such directors shall take charge of the

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property and operations of the company, subject to such rules and regulations as may be adopted by the stockholders; said directors shall hold office for one year, or until their successors are elected, and may adopt such by-laws and regulations for the government of the concerns of the company as they may deem expedient, not inconsistent with the rules made by the stocholders as aforesaid, nor with the Constitution and laws of the United States and of this State. Directors. By-laws. Sec. 3. That the directors shall cause a book to be kept, containing the names of all persons who are stockholders in said company, showing their place of residence and the number of shares held by each, respectively, and the time when they became, respectively, the owners of said shares, and the amount of stock actually paid inwhich book shall, during the business hours of each secular day, be subject to the inspection, at the place of business of said company, of the stockholders and creditors of the company and their representatives. Book. Sec. 4. That the said company shall divide their stock into such number of shares, and provide for the sale and transfer thereof in such manner and form as they may deem expedient; and whenever said company shall purchase, or otherwise become possessed of any mine or mines, or mineral rights, the directors may make a separate and distinct interest of each mine, which shall be subject to the conditions of this act, and divide such separate interest into such number of shares as they may deem expedient, and may levy and collect assessments and sell delinquent shares, declare and pay dividends on the shares of said mine or mines, in such manner as their by-laws may prescribe. Shares. Sec. 5. That the capital stock of said company shall not be less than one hundred thousand dollars, (divided into shares of one hundred dollars each,) and may be increased, whenever deemed expedient by the directors of the company, to the extent of one million dollars. Capital stock. Sec. 6. That, if deemed expedient by the directors of said company, the election and meeting of directors and stockholders may be held in the city of Mobile, Alabama, or Atlanta, Georgia, or any other place they may elect: Provided , That, in any suit or suits against said company, a service of process upon the superintendent, or other highest officer thereof, in any county in this State, in which the corporation may do business, shall be good, lawful and effectual. Stockholdersmeeting of. Suits. Sec. 7. That the said company shall have the power to establish a savings bank, convenient to the employees of said company, in Fannin county, Atlanta or Marietta, Georgia and receive deposits of coin and currency, and pay out the same under such rules and regulations as the directors is said company may prescribethe liability of the stockholders in said company in all operations connected with the said

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savings bank being to the same extent as hereinbefore provided, in regard to mining operationsand all transactions shall be made in strict conformity with the Constitution and laws of the United States and the State of Georgia. Savings bank. Liability. Sec. 8. That this charter shall remain in full force for twenty years from the date of the passage of this act. Charter. Approved August 23, 1872. (No. 208O. No. 396.) An act to incorporate the Penrhyne Slate Mining Company. Section 1. Be it enacted by the General Assembly of Georgia , That John D. Pope, J. S. Dovitte, H. P. Smith and J. H. Thompson, their associates and successors, shall be, and are hereby, constituted a body corporate and politic, under the name and style of the Penrhyne Slate Mining Company, with power to mine and sell slate; to buy, hold and sell such real and personal property as the interest of the corporation may require; to make by-laws; to sue and be sued, and do such other acts as are appropriate to the object of its creation, not inconsistent with the laws of this State. Corporators Name. Sec. 2. Be it further enacted , That the chief office of said company shall be in Atlanta, where it may be suedservice of the president being sufficient for the institution of a suit. Chief office. Sec. 3. Be it further enacted , That the officers of said company shall consist of a president and treasurer, and not less than three directors. Officers. Sec. 4. Repeals conflicting laws. Approved August 27, 1872. (No. 209O. No. 385.) An act to incorporate the Ralston Branch Mining Company, and for other purposes. Section 1. Be it enacted by the General Assembly , That John A. Parker, Joseph P. Parker, their associates, successors and assigns, be, and they are hereby, created a body corporate and politic, by the name and style of the Ralston Branch Mining Company, for the purpose of mining for gold and other minerals. Corporators Name.

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Sec. 2. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, to be divided into shares of one hundred dollars each. Capital stock. Sec. 3. Be it further enacted , That said company shall have an office in the town of Dahlonega, Lumpkin county, where it may be sued. Office. Sec. 4. Be it further enacted , That said company shall have power to cut a ditch, commencing at the shoal on Ralston Branch, near the northeast corner of lot of land number 742, in the twelfth district and first section of Lumpkin county, and running south, to lot number 878, in the same district and section; and the company shall be governed in all matters as relates to its rights as a corporation, or the restrictions on the same, by an act, approved December 12, 1866, incorporating the Georgia Company. Ditch. Sec. 5. Repeals conflicting laws. Approved August 27, 1872. (No. 2100. No. 378.) An act to incorporate the Rowanta Slate Works, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That W. W. Seake, Thomas Tumlin, R. H. Cannon, R. A. Crawford, A. R. Hudgens, 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 Rowanta 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, lands, tenements and mines of all character, and chattels of any kind as may by them be deemed advantageous to the objects and interests of said corporation, which are the quarrying and manufacturing of slates, and other mining and mineral working, in Polk county, in this State. Corporators Name. General Powers. Sec. 2. Be it further enacted by the authority aforesaid , That said corporation, by its title aforesaid, may sue and be sued in any courts of this State; make and use a common seal; establish, alter and amend such by-laws, rules and regulations as shall be deemed proper by them, not inconsistent with the Constitution and laws of this State or of the United States. Sue, etc. By-laws. Sec. 3. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be one hundred

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thousand dollars, to be paid in money or real estate, and divided into such number of shares as the said corporation may determine. Capital stock. Sec. 4. Be it further enacted by the authority aforesaid , That the officers of said corporation shall be such as a majority may determine, and elected or appointed as may be designated by the by-laws. Officers. Sec. 5. Be it further enacted by the authority aforesaid , That the private property of the stockholders shall be liable in proportion to the amount of stock subscribed by each. Liability. Sec. 6. Be it further enacted by the authority aforesaid , That the office of said company shall be located by the stockholders, and may be changed by them upon giving thirty days' notice, published in two newspapers at the seat of government. Office. Sec. 7. Repeals conflicting laws. Approved August 27, 1872.

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DIVISION VI. RAILROAD COMPANIES. No. Act. 211. Athens Eatonton Railroad Company. 212. Atlanta Tennessee Railroad Company. 213. Atlantic, Fort Valley Memphis Railroad Company. 214. Augusta Louisville Railroad Company. 215. Barnard Anderson Street Railroad Company. 216. Central Railroad Banking Company. 217. Dalton Southwestern Railroad Company. 218. Gainesville, Jefferson Southern Railroad Company. 219. Georgia Railroad Banking Company. 220. Georgia Seaboard Northwestern Railroad Company. 221. Georgia Western Railroad Company. 222. Grand Trunk Railway Company. 223. Great Southern Railway Company. 224. Griffin, Flat Shoals Columbus Railroad Company. 225. Griffin Sandtown Railroad Company. 226. Griswoldville Jeffersonville [Railroad Company. 227. Hawkinsville Eufaula Railroad Company. 228. Hawkinsville Eufaula Railroad Companysubscription to, etc. 229. Lookout Mountain Railroad Company. No. Act. 230. Louisville Branch Railroad Company. 231. Macon Cincinnati Railroad Company certain cities and towns authorized to take stock in. 232. Macon, Monticello Atlanta Railroad Company. 233. Macon Western Railroad Company. 234. Macon, Vienna Warwick Railroad Company. 235. Montezuma Vienna Railroad Company. 236. Montgomery-Street Fair- [Ground Railroad. 237. Newnan Americus Railroad Company. 238. North Georgia Ducktown Railroad Company. 239. North South Railroad Company. 240. Ocmulgee River Railroad Company. 241. Rome Railroad Company, etc. 242. Sandersville Branch Railroad Company. 243. Savannah Charleston Railroad Company. 244. Steam Road Wagon Company. 245. Talbotton Branch Railroad Company. 246. Walton Railroad Company. 247. West End Atlanta Street Railroad Company. 248. Wilmington Railroad Company. (No. 2110. No. 400.) An act to incorporate the Athens Eatonton Railroad Company, and for other purposes . 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, for the purpose of building, keeping up, equiping and using

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a railroad from Athens, in the county of Clarke, to Eatonton, in the county of Putnam, the following named citizens shall constitute a board of commissioners, with authority as herein set forth: M. C. Fulton, Robert Harris, Rollin Thomason, B. H. Overby, Robert A. Crawford, James D. Pittard, Asa M. Jackson, James Jennings, Peter W. Hutchingson and Joseph B. Carlton. Commissioners. Sec. 2. Be it further enacted , That, soon as the sum of one hundred thousand dollars shall, in good faith, have been subscribed towards the construction of said railroad, the stockholders therein may proceed to elect seven directors, any five of whom shall form a quorum, and be competent to transact business; the board of directors shall be elected annually, and continue in office until their successors are elected; the board of directors, at their first meeting, shall elect from their number a president, and annually thereafter, who shall preside at all meetings of the board of directors, preserve order, enforce rules and direct the manner and mode of business, and in his absence the board of directors may appoint a chairman; no one but a bona fide stockholder shall be president or director of said railroad company, and any vacancy occurring in said board may be filled from among the stockholders at any time by the acting directors. President and directors. Annual election. Vacancies. Sec. 3. Be it further enacted , That said president and directors may prescribe by-laws; may make and enforce all rules and regulations necessary for carrying the power herein enumerated into effect, not repugnant to the Constitution and laws of the State of Georgia and the United States. By-laws. Sec. 4. Be it further enacted , That said president and directors shall have full power and authority to survey, lay out and construct said railroad in the way and manner they may deem most prudent and advisable, subject only to the conditions and terms herein expressed. Survey. Sec. 5. Be it further enacted , That said president and directors may contract for the building of the entire line of said railroad, or any section or part of the same, as they may deem best; and shall have power and authority to connect or consolidate with any other railroad or railroads, and to cross railroads in their route upon terms equitable and just, to be determined by the president and board of directors of the contemplated railroad, and the president and directors of such other railroad as said contemplated railroad may desire to connect or consolidate with or to cross. Contracts. Consolidation. Sec. 6. Be it further enacted , That the aforesaid commissioners or corporators, or any three or more of them, may cause books of subscription to be opened at such times and places as they may deem proper, giving ten days' public notice of the same, and they are further authorized and empowered to transfer to any books of subscription all shares of stock heretofore subscribed for, or taken bona fide , to any

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other book or books which they may open as a permanent stock book. Subscription books. Sec. 7. Be it further enacted , That scrip shall be issued to the stockholders, certifying the amount of stock held, and the payment made on said stock, such scrip to be signed by the president and countersigned by the secretary of said company. Each stockholder shall be liable to the amount of his, her or their unpaid stock. Certificates of stock. Sec. 8. Be it further enacted , That the books, papers, correspondence and funds of said railroad company shall, at every meeting of the stockholders and board of directors, be subject to their inspection, and all bonds, notes or other evidences of debt or contract, liability or engagement, in behalf of said company, shall be binding or obligatory upon said company, when the same shall be signed by the president of said company, and countersigned by the secretary thereof, but not otherwise. Books, etc. Sec. 9. Be it further enacted , That the said president and directors are hereby empowered to issue and negotiate the bonds of the aforesaid company, in amount not to exceed the capital stock of said company; all bonds, whether those issued in the name of the company or received for subscription to the capital stock thereof, shall constitute a first mortgage, or prior lien, upon the aforesaid railroad and its property of every description. Bonds. Sec. 10. Be it further enacted , That in all cases where a question of right-of-way may arise, and the parties shall be unable to agree, the owners of the land shall select one man, or his agent or attorney may do so, and the agent of the company shall select a man, who shall be disinterested persons, and if the two cannot agree upon the value of the damages to be paid, they shall select a third man, all of whom, under oath, shall assess the damages to be paid by said railroad company for running said road through the land of any citizen, reserving to either party the right to appeal to the Superior Court, under the laws in force regulating appeals to that court: Provided , That in no case the right-of-way embrace more than seventy-five feet in width on each side of the track of said railroad: And provided further , That, in addition to the usual oath, the assessors be severally sworn, in assessing damages, to take into the account the enhanced value of the lands from the building of said railroad through said lands. Right-of-way. Sec. 11. Be it further enacted , That the president and directors shall be authorized to call for such installments as they, from time to time, deem necessary, and to enforce the collection of the same, or declare the stock of the delinquent forfeited, as they deem best for the interest of the company. Installm'nts Sec. 12. Be it further enacted , That said president and directors shall have power to contract and be contracted with; to borrow money; to be sued and to sue; plead and be impleaded;

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to use a common seal, and to exercise and enjoy all the rights, privileges and immunities of a body corporate and politic in all the courts of this State; all suits against the company shall be brought in the courts of competent jurisdiction, as in such cases provided. Corporate powers. Sec. 13. Be it further enacted , That said company shall be liable for all property injured or destroyed by the carelessness, mismanagement or inattention of any of its servants, agents or employees, and may settle and adjust all claims of this sort against it in the same way and with the like privileges as settlements with owners of lands are authorized to be made in section eleven of this act. Liabilities. Sec. 14. Be it further enacted , That the company aforesaid shall have a perpetual succession of members, and shall be deemed a common carrier, as respects all passengers, goods, wares and merchandise, and property entrusted to them for transportation, perform all and every corporate act, as are permitted or allowed to other companies 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 said road is completed and in running order. Common carrier. Stock, etc., taxed. Sec. 15. Be it further enacted , That whenever said railroad shall cross any public highway, it shall be the duty of said company to put and keep the crossing of said highway in good repair and order, and in case of refusal or neglect, said company shall be subject and liable to all the laws and regulations of the common road laws of this State. Crossings. Sec. 16. Be it further enacted , That any person who shall willfully trespass upon said contemplated railroad, or violate its chartered rights and privileges, or who may injure or destroy the property of the company, or who shall obstruct said railroad in any way or manner, shall, independent of the common law rights of persons or property injured or destroyed, be subject to indictment for misdemeanor, in the Superior Court of the county in which the mischief may have occurred, and, upon conviction, shall be punished as in such cases the law may direct. Injury to property. Sec. 17. Be it further enacted , That any individual commissioner or corporator may receive a subscription from any one person, to the capital stock of said company, in amount not to exceed one thousand dollars. Subscriptions. Sec. 18. Be it further enacted , That said company shall have authority to indorse and negotiate such bonds as may be received for subscription to the capital stock of said company, and shall have authority to accept, purchase, have, lease and coney any property, real, personal or mixed, and to erect such buildings, shops and machinery, and do such other things as it may deem necessary for its advantage and success. Bonds.

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Sec. 19. Be it further enacted , That the principal office of the aforesaid company shall be located at Athens, at which office all meetings of the stockholders and the annual election of directors shall be held. Principal office. Sec. 20. Be it further enacted , That the capital stock of said company shall be one million dollars, but may be increased to the extent of the cost of building and equiping said railroad, to be divided into shares of one hundred dollars each, each share representing one vote; stock may be voted by proxy, with power of attorney duly authenticated. Capital stock. Sec. 21. Be it further enacted , That the said railroad may connect at any point with the Madison Eatonton Railroad, or form any union or connection with said latter road, or with any other railroad, not inconsistent with the laws of the State. Connection. Sec. 22. Repeals conflicting laws. Approved August 27, 1872. (No. 212O. No. 42.) An act to incorporate the Atlanta Tennessee Railroad Company. 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 J. B. Gordon, Walter H. Weems, B. W. Frobel, J. F. Alexander, A. J. McBride, E. S. Ray, B. B. Crew, W. P. Berry, W. F. Westmoreland, N. F. Hammond, S. R. McCamy, A. J. Hansell, William Simmons, John P. Cobb, J. A. Jervis, H. C. Kellage, J. M. Harwell, Wiley Petty, Edward Denmead, Joseph Thompson, Jr., John W. Nesbit, Charles H. Dunwoody, H. P. Bell, James R. Brown, John B. Richards, A. J. Glen, Joseph Pickett, William Tate and W. R. D. Moss, shall be, and are hereby, incorporated and made a body politic, under the name of the Atlanta Tennessee Railroad Company; that they may have a common seal, sue and be sued, plead and be impleaded in any court of law or equity having jurisdiction in this State. Corporators Seal. Sec. 2. And be it further enacted , That said company shall be authorized to build a railroad from Atlanta to the State line of the State of Tennessee, at or near the Ducktown copper mines, and to select the most practicable and desirable route for said road; that said company shall be authorized to connect or consolidate their road with any other road now chartered, or hereafter to be chartered, in the State of Georgia or the State of Tennessee, by agreement between said road or roads; that said company shall be deemed common carriers,

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as respects all passengers, goods, wares and merchandise, and property entrusted to them for transportation; and that said company shall be authorized to charge such an amount for freight and travel as may be deemed expedient, and have power and authority to do and perform all and every corporate act as are permitted or allowed to other companies incorporated for similar purposes in this State. May construct road. Common carriers. Sec. 3. And be it further enacted , That the capital stock of said company shall be one million dollars, in shares of one hundred dollars each, which said capital stock may be increased or diminished from time to time by said company, as the wants and exigencies of the same require; and that they be authorized to unite and consolidate their stock with the stock of such other road or roads in this State or the State of Tennessee, for the purpose of uniting and consolidating, and upon such terms and conditions as shall be agreed upon between said companies; and that said company be authorized to borrow money, lease their road, issue their bonds, make contracts generally, and to hold real and personal property for the use and benefit and construction of this road. Capital stock. Bonds. Sec. 4. And be it further enacted , That the within corporators shall be authorized to elect out of their number seven directors, at such time and place as they may choose; that said directors shall select out of their number a president and such other officers as may be deemed expedient; that the board thus organized shall hold for twelve months from the date of their organization; that, for the subsequent boards of directors, an election shall be held every twelve months by the stockholders in said road, each stockholder being entitled to one vote for each share of his stock, to be cast by himself, or proxy legally executed; that the board of directors shall be authorized to open books for the subscription of capital stock, at such time and place as they may indicate, and the stock, when subscribed, shall be payable at such time and in such installments as said board may decide; and said board of directors may make all such by-laws as are or may be necessary, provided such be not repugnant to the Constitution and laws of this State and of the United States. Elections. Subscription books. Sec. 5. And be it further enacted , That the board of directors of said company shall have power to select, and take or receive as a donation, such strip or strips of land between the points of the beginning and terminus of their road, and of such width as they may deem necessary, not to exceed two hundred feet in width, for the construction of the road; and in all cases in which any difficulty may arise between individuals or corporations and said company as to the right-of-way, or damages to the land on which the same may be located, it shall be lawful for the parties, or either of them, to apply to the Sheriff of the county in which said land may be located, who shall summon a jury of five freeholders, who shall enter

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upon 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 companyeither party having the right to appeal to the Superior Court of said county, under the laws and regulations which apply to appeals in said court; and in all cases, such freeholders and the jurors in the Superior Court, in addition to the usual oath, shall be severally sworn, in assessing damages, to take into consideration the prospective benefit of the road to the land and premises through which it may run, as well as the injuries to the same: Provided , That no persons owning stock in said company shall serve as freeholder or juror, nor give evidence touching the same; and upon payment of all damages so assessed as aforesaid, the fee simple title in such land as may be necessary for the location of said road, the building of depots and other necessary purposes, shall vest in said company: And provided further , That no difference or disagreement between said company and any land-owner shall operate, by injunction or otherwise, to suspend the progress of the work or the construction of said road, but the same, in all cases, shall continue without interruption, on adequate security being given by said company to the land-owner to pay such damages as shall be assessed in the manner aforesaid. Donations. Right-of-way. Oath of office. Depots. Sec. 6. Repeals conflicting laws. Approved August 17, 1872. (No. 213O. No. 225.) An act to amend an act to incorporate the Atlantic, Fort Valley Memphis Railroad Company, and for other purposes therein mentioned. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That the Atlantic, Fort Valley Memphis Railroad Company is hereby authorized and empowered to extend their line of railroad from Hawkinsville, Georgia, to Eastman, Georgia, or some other point on the Macon Brunswick Railroad, which may be decided upon hereafter by survey, etc. Extension. Sec. 2. Be it further enacted , That said railroad company is hereby further authorized and empowered to lay out and construct from said termini, the Macon Brunswick Railroad, said railroad through Hawkinsville to Fort Valley, Houston county, by the most available route. Route. Sec. 3. Be it further enacted by the authority aforesaid , That the Atlantic, Fort Valley Memphis Railroad Company

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shall have, at any time, the right to straighten any part of their proposed line north of the town of Greenville, Meriwether county, so it may run through or near Hogansville, Troup county, and Franklin, Heard county, and Bowdon, Carroll county, to the Alabama line. Line may be straighten'd Sec. 4. Repeals conflicting laws. Approved August 24, 1872. (No. 214O. No. 114.) An act to amend an act to incorporate the Augusta Louisville Railroad Company, and to confer certain privileges and powers upon the same. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the above recited act shall be so amended as to authorize the said company to extend the above named railroad from Augusta, via Dublin, in Laurens county, to the town of Bainbridge, in the county of Decatur, or any point in its vicinity, with all the privileges and powers for said extension as were conferred by the original charter. Extension. Sec. 2. Be it further enacted , That the name of said company shall be changed to the Augusta Bainbridge Railroad Company. Name changed. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 215O. No. 177.) An act to incorporate the Barnard Anderson Street Railroad, and for the purpose of opening a railroad communication from Savannah to Laurel Grove Cemetery, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia , That Julian Hartridge, George W. Anderson and Benjamin B. Ferrill, of the city of Savannah, 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 Barnard Anderson Street Railroad, and by said corporate name shall be capable in law to buy, hold and sell real estate and personal property, make

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contracts, sue and be sued, to make by-laws, and to do all lawful acts 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 Name. General powers. Sec. 2. That the capital stock of said company shall be one hundred thousand dollars, divided into shares of one hundred dollars each, but with the privilege of increasing said capital stock to two hundred thousand dollars whenever it may be deemed expedient by a majority of the board of directors of said corporation for the time-being. Capital stock. Sec. 3. That said corporation be, and is hereby, empowered to make, construct, and maintain a railroad of suitable width and dimensions for the transportation of passengers, in the most convenient and practicable course from a point within the corporate limits of Savannah to Laurel Grove Cemetery, paying to the owners of land, through which the main line of railroad may pass, a just indemnity, to be ascertained as hereinafter prescribed, 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 may own land on both sides of the railroad, 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 said railroad, except by such roads, without the express permission of the company. Route. Indemnity. Sec. 4. Be it further enacted , That when any person shall feel aggrieved or injured by the railroad being carried through his lands, or when the said company cannot agree with a person, through or on whose land the said railroad shall be constructed, as to the damages 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 Judge of the Court of Ordinary, but if such owner shall decline to appoint an appraiser, then by two appraisers appointed by the Judge aforesaid, and one by the company, the 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, at 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 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 court. Right-of-way. Sec. 5. That whenever the said railroad shall intersect any public road, the company shall be bound to construct a safe and substantial bridge or crossway over and across said public road, to be afterwards maintained by the said company. Crossings.

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Sec. 6. That the said company shall be entitled to operate said railroad by 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 to and empowered to receive and collect such toll for the use of the same as may be fixed by said company. Horse power. Sec. 7. 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 said railroad or its 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. Injury to property. Damages. Sec. 8. That the said corporation, as soon as ten thousand dollars shall be paid in, shall organize 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 shall determine. The term of office of the president and board of 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. Election. Sec. 9. 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 the public gazettes of the city of Savannah, of such call, and any and all stockholders failing to pay such installments, 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. Installm'nts Sec. 10. 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. That the said corporation shall have the exclusive privilege to construct, keep and build the railroad during the term of twenty years, the time to be computed from the passage of this act; and after the expiration of the said term of twenty years, the General Assembly may authorize the construction

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of other railroads between the points aforesaid: Provided, nevertheless , That the said, the Barnard Anderson Street Railroad Company, shall, after the lapse of said 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 right. Proviso. Sec. 12. That the point within the corporate limits of Savannah from which said railroad shall be constructed shall be a point in the open space of grounds north of the row of trees bounding Bay street on the north, between Whitaker and Bull streets; and the said corporation is hereby empowered, beginning at said point, to lay a track west along the space north of said Bay street and the said row of trees, to the point where Barnard street intersects said space; thence south through the length of said Barnard street as it now runs or may hereafter run, and also, if deemed advisable by said company, through the full length of the first street south of Anderson street, westward, to Laurel Grove Cemetery, and to run cars drawn by animal power along said track, upon the same terms and conditions as are prescribed for the Savannah, Skidaway Seaboard Railroad Company, in an act entitled an act to grant to the Savannah, Skidaway Seaboard Railroad Company the right to construct a railway along the streets of Savannah on the terms therein mentioned, approved: Provided , That the said company shall, at its own expense, put down new pumps at such points as may be indicated by the city council, in place of those which the laying of such track may make it necessary to remove: And further , That said company shall repair and keep in repair, according to the proper grade, to be fixed by the city surveyor, fifteen feet each way from the center of said track, of the material and in the manner to be indicated by the city council, and shall so guard such track, if council so direct, as to prevent injury to persons using or passing through the squares through which Barnard street runs or may hereafter run, and as the city council may direct and prescribe: And provided further , That the road of said company be laid no further north than the southern line of Congress street, and shall not in any way interfere with the hydrants and other property of the city, and that the road be located, built and kept in running and regular order and use within one year from the granting of the charter, and to the termination of the chartered privileges, and that said road shall not be permitted to carry produce and merchandise. Starting point. Line of road. Rights. Keep streets in repair. Sec. 13. Repeals conflicting laws. Approved August 23, 1872.

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(No. 216O. No. 52.) An act to authorize the Central Railroad Banking Company of Georgia, the Southwestern Railroad Company and the Macon Western Railroad Company to issue bonds and execute mortgages, and for other purposes therein named. Whereas, The Central Railroad Banking Company of Georgia, the Southwestern Railroad Company and the Macon Western Railroad Company, have each issued and disposed of bonds which will shortly mature, and should be provided for, and said companies also desire to make important improvements and provide additional facilities for transportation and travel, which will require the use of their credit to provide the necessary means for the same; and whereas, the two last mentioned railroads have been leased by the Central Railroad Banking Company of Georgia, thus uniting the interests of the three said railroads: therefore Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Central Railroad Banking Company of Georgia, the Southwestern Railroad Company and the Macon Western Railroad Company, be, and are hereby, authorized and empowered to issue the joint and several bonds of the said three railroad companies, to the extent of five millions of dollars, of such denomination and bearing such rate of interest, and payable in gold or currency, as the respective boards of directors of said three railroad companies may or shall decidethe decision of the board of directors of each of said three railroad companies being necessary before the issue or disposal of any of the joint and several bonds hereby authorized. Bonds. Sec. 2. Be it further enacted , That the joint and several bonds, provided for by the first section of this act, shall be signed by the president and cashier of the Central Railroad Banking Company, and by the president and treasurer of each of the other two railroad companies herein named, and then shall be binding upon each of said railroad companies, jointly and severally. How signed. Sec. 3. Be it further enacted , That should the respective boards of directors of said three railroads named in this act prefer and desire to issue the bonds of any one of said three railroad companies, to be indorsed and guaranteed by the other two of said companies, instead of the joint and several bonds authorized by the first section of this act, then, and in that case, the said three railroad companies are hereby authorized and empowered so to issue and indorse and guarantee said bonds, not to exceed five millions of dollars in all. Bonds of each road. Sec. 4. Be it further enacted , That the said, the Central Railroad Banking Company of Georgia, the Southwestern

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Railroad Company and the Macon Western Railroad Company, for the purpose of securing the payment of the bonds hereinbefore authorized to be issued and disposed of according to the tenor and effect thereof, and of all interest to become due thereon, are hereby authorized and empowered, each of said railroad companies through its proper officers for itself, to mortgage or convey in trust, by way of mortgage, all their property, estate, rights, privileges and franchises, now or hereafter to be held or granted, such mortgage or conveyance in trust, by way of mortgage, to be good and sufficient in law and equity, without the purchasers or holders of said bonds being required or held liable to see to the proper application of the purchase money to be paid for the same, said mortgages or conveyance in trust, by way of mortgage, to be executed by each of said companies named on its own railroad property and franchises, after a resolution for that purpose shall be passed by the board of directors of each of said companies respectively, the mortgage or conveyance in trust by the Central Railroad Banking Company of Georgia, to be signed by its president and cashier, and the mortgage or conveyance in trust of each of the other two railroad companies to be signed by the president and treasurer thereof. Mortgage property. How executed. Sec. 5. Repeals conflicting laws. Approved August 20, 1872. (No 217O. No. 148.) An act to incorporate the Dalton Southwestern Railroad Company. Section 1. Be it enacted by the General Assembly of the State of Georgia , That Duff Green, Charles P. Gordon, William P. Chester, Benjamin E. Green, Matthew R. Banner, and such others as may associate with them, under the name of the Dalton Southwestern Railroad Company, and their associates, successors and assigns, be, and they are hereby, made a body politic and corporate, under the name and style of the Dalton Southwestern Railroad Company, and as such shall be capable in law to purchase, accept, lease and hold, and to sell and convey personal and real estate, and to make contracts, and to sue and be sued in any court of law or equity in this State having jurisdiction, and to make by-laws, and appoint all necessary officers and agents, and prescribe their powers, duties and compensation, 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

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of its business: Provided , That nothing herein contained shall entitle the company to the benefit of State aid. Corporators Name. General powers. No State aid Sec. 2. Be it further enacted , That the purpose of this act is to organize an incorporated company, authorized and empowered to construct, equip and use a railroad from the city of Dalton to the Georgia State line between the States of Georgia and Alabama, with one or more branches connecting the same with the mines of iron and coal, on or near the route of their road, which, after a careful survey and reconnoisance, shall be so located as to connect with a railroad to be hereafter chartered by the State of Alabama, so as to form a connection with the Chattanooga Alabama Railroad at [Illegible Text], or at such point on said railroad, north of Gadsden, as, after survey and exploration, may be selected; and the rights, powers and privileges granted by sections five, six, seven, eight and nine of the act entitled an act to incorporate the Dalton Morganton Railroad Company, are hereby granted to the said Dalton Southwestern Railroad Company, and shall be, and are hereby, made applicable to the body corporate hereby created, and all the rights, powers and privileges conferred by said sections on the Dalton Morganton Railroad Company are hereby conferred upon and granted to the said Dalton Southwestern Railroad Company. Line of road Connect with other roads. Other privileges. Sec. 3. And be it further enacted , That the persons named in section one, or a majority of them, are hereby authorized and empowered to open books of subscription at such times and places as they, or a majority of them, in person or by proxy, may deem expedient, and when fifty thousand dollars shall have been subscribed in shares of ten dollars each, they may cause an election of seven directors, who may organize the company and exercise the powers herein granted, and until such election shall be made, the persons named in section one are hereby authorized to act as a board of directors, and have and exercise the rights, powers and privileges herein granted. Subscription books. Directors. Sec. 4. Repeals conflicting laws. Approved August 23, 1872. (No. 218O. No. 85.) An act to incorporate the Gainesville, Jefferson Southern Railroad Company, and for other purposes therewith connected. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, A. H. Candler, E. M. Johnson, J. D. Long, J. G. McLester,

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John E. Redwine, W. G. Henderson, H. W. Bell, J. E. Randolph and C. B. Thompson, and such other persons and corporators as are or may be associated with them, and their successors and assigns, be, and they are hereby, created a body politic and corporate, by the name and style of the Gainesville, Jefferson Southern Railroad Company, and in and by that name they may sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity in this State or in the United States; may make by-laws, and appoint all necessary officers, and prescribe their duties, and may accept, purchase, hold and convey any property, either real or personal, necessary for the purposes hereinafter mentioned; may make contracts, have and use a common seal, and do other lawful acts properly incident to and connected with said corporation, and necessary for the control and transaction of its business: Provided , That their by-laws are not repugnant to the Constitution and laws of this State and of the United States. Corporators Name. General powers. Proviso. Sec. 2. That, for the organization of said company, said persons hereinbefore named, or a majority of them, shall have power to ratify and confirm any organization that they have heretofore made; to appoint the times and places at which subscriptions for stock in said company may be taken, and every person, or corporation or body politic, subscribing at any such places, or at any time afterwards, under the direction of a majority of said corporators or directors hereinafter named, shall be stockholders in said company, and shall pay in the stock so subscribed for at such times and in such amounts as the by-laws and regulations of said company may require. Corporatorsmajority may do what. Stockholders. Sec. 3. That the officers of said company that have already been elected shall serve for the space of twelve months from their election, or until their successors are elected, and may prescribe in their by-laws the time and manner of holding their subsequent annual elections of president and eight directors; at each annual election of president and directors, each stockholder shall have a right to cast one vote for each share owned in said stocks, and may vote in person or by proxy, under power of attorney duly executed; the board of directors shall have power to fill all vacancies which may occur in the board; five directors shall constitute a quorum for the transaction of business, of whom the president shall be one, except in cases of sickness or absence, when his place may be filled by one of the directors pro tem. , by a majority of the board present. Term of office. Annual elections. Vacancies. Quorum. Sec. 4. That the capital of said company shall be two hundred and fifty thousand dollars, which may be increased to an amount not exceeding the cost of construction of said road and branches, and all its outfits, to be divided into shares of fifty dollars each, and said shares shall be transferable on the

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books of said company as may be prescribed by said directors, and no stockholder indebted to said company shall transfer his, her or their stock without the consent of the board of directors. Capital. Shares. Sec. 5. That said company shall have full power and authority to survey, lay out and construct a railroad from the city of Gainesville, in the county of Hall, by way of Jefferson, in the county of Jackson, to some point that they may select on the Georgia Railroad, or Athens Branch Road, and the same to equip and enjoy, with all the rights, privileges and immunities granted to the Central Railroad Banking Company, except the privilege of banking, and subject to the same liabilities imposed upon said company, as far as the same may be applicable under the act incorporating said Central Railroad Banking Company, and the several acts amendatory thereof heretofore passed. Line of road Privileges. Sec. 6. That all questions concerning the right-of-way, between said company and the owners of land through which said railroad may run, shall be tried and determined according to the provisions of the act incorporating the Georgia Air-Line Railroad Company. Right-of-way. Sec. 7. That said Gainesville, Jefferson Southern Railroad Company is hereby authorized and empowered to receive subscriptions in real estate, in work on said road, or in material to be used in the construction of said road. They may dispose of real estate in any manner they may think best for the interest of said company, and may build one or more branches to such point or points as they may think necessary. Subscriptions. Branch Railroads. Sec. 8. That said Gainesville, Jefferson Southern Railroad Company may combine, consolidate or unite with any other railroad company or companies, directly or indirectly connecting therewith, (or to unite the management of said companies,) upon such terms, conditions and provisions as shall be agreed upon by and between such companies so consolidating or uniting, and thereupon such consolidated or united companies shall be invested with all the rights and privileges conferred, and be subject to all the restrictions imposed by this charter on the Gainesville, Jefferson Southern Railroad Company, and the amendments thereto, with the right to adopt such other or modified corporate name, and to increase or diminish the number of directors now provided for, as shall be determined best, and agreed upon by such companies. May consolidate. Sec. 9. That any corporate town or city in this State, interested in the construction of said road, or any of its branches authorized as aforesaid, may subscribe to the capital stock of said company, or any company with which it may consolidate or unite, as aforesaid, such sum, to be payable in such manner, as the people or proper authorities of such town or city shall deem best, determine and authorize by an election to be

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held in said town or city, as provided for by the Constitution; and the subscription of the city of Gainesville to the Gainesville Jefferson Railroad Company is hereby legalized and confirmed as subscription to the Gainesville, Jefferson Southern Railroad Company. Towns and cities may subscribe. Sec. 10. Repeals conflicting laws. Approved August 23, 1872. (No. 219O. No. 342.) An act to amend the charter of the Georgia Railroad Banking Company, and to amend the charter of the Atlanta West Point Railroad Company, and for other purposes. Section 1. Be it enacted, etc. , That, from and after the passage of this act, so much of the twelfth section of the charter of the Georgia Railroad Banking Company, approved December 21, 1833, as prescribed rates of freight to be charged by said company, be, and the same is hereby, repealed; and in lieu of the classification by measurement as therein contemplated, said company may, by its proper officers, adopt the more usual and equitable classification by weight: Provided , That the rates charged under this act shall not exceed the average rates charged by the other railroad companies in the State for like service: And provided further , That the General Assembly of said State retains the right to intervene at any time for the purpose of correcting any abuses which may spring up or be practiced by virtue of or under color of this act, by appropriate legislation, restoring the restrictions contained in said twelfth section. Classificat'n of freight. Proviso. Sec. 2. Be it further enacted , That the charter of the Atlanta West Point Railroad Company be so amended as to conform to all the privileges granted to the Georgia Railroad Banking Company in the foregoing section of this act. Charter amended. Approved August 26, 1872. (No. 220O. No. 353.) An act to amend an act incorporating the Georgia Seaboard Northwestern Railroad Company, approved October 26, 1870. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That the act chartering

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the Georgia Seaboard Northwestern Railroad Company be amended so as to allow subscriptions to stock in said railroad, to be paid in lands or other property, to be valued in the same manner as is provided for the valuation of lands subscribed to the St. Marys Western Railroad Company. Subscriptions. Sec. 2. Be it further enacted , That the board of directors of the said Georgia Seaboard Northwestern Railroad Company are hereby empowered to begin at once the construction of said road at any point or points on the line of said road. Construction of road Sec. 3. Repeals conflicting laws. Approved August 26, 1872. (No. 221O. No. 76.) An act to amend an act entitled an act to incorporate the Georgia Western Railroad Company, and to confer certain powers and privileges therein mentioned, approved February 18, 1854. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Georgia Western Railroad Company be, and they are hereby, authorized and empowered to construct their road on the right-of-way of the Western Atlantic Railroad, within and adjacent to the city of Atlanta, and to any distance east of the Chattahoochee river: Provided , That the right-of-way of the Western Atlantic Railroad shall not be used beyond the limits now allowed by statute, except by the written consent of the lessees of the Western Atlantic Railroad. Right-of-way. Proviso. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 222O. No. 413.) An act to amend 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 , That the names of T. R. Bennett, J. B. Butler, B. H. Gee, J. H. Spence, L. A. Collins, T. A. Barrow, H. M. Beach, F. L. Babbit, T. B. Hunnewell, D. J.

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G. McNair, L. M. Griffin and W. H. Crawford are hereby inserted in section one of said act, after the name of William M. Moore. Names inserted. Sec. 2. Be it further enacted , That the words any point between Stockton, Clinch county, Georgia, are hereby stricken from section four of said act. Section 4 amended. Sec. 3. Be it further enacted , That section 13 of said [Illegible Text] is hereby stricken from the same, and that section 14 of said act is hereby declared to be section 13 of the same. Section 13 stricken. Sec. 4. Be it further enacted , That any and every part of said act, granting the aid of the State, is hereby repealed. State aid repealed. Approved August 27, 1872. (No. 223O. No. 384.) An act to amend the charter of the Great Southern Railway . Section 1. Be it enacted by the General Assembly of the State of Georgia , That the act, approved by the Governor of the State of Georgia, on the 17th day of October, 1870, entitled an act to incorporate the Great Southern Railway Company, be so amended that the northern terminus of said road be Augusta, via Louisville: Provided , No liability of the State to indorse the bonds of said extension or liability for State aid is hereby created. Line of road Proviso. Sec. 2. Be it further enacted , That E. H. W. Hunter and W. G. McAdoo, of Georgia, are hereby authorized to open books of subscription in this State, and when stock shall have been subscribed to the amount of fifty thousand dollars, the stockholders may proceed to organize a company, and the said company shall have two years, from the passage of this act, within which to commence work on said road. Subscription books. Sec. 3. Repeals conflicting laws. Approved August 27, 1872. (No. 224.O. No. 324.) An act to incorporate the Griffin, Flat Shoals Columbus Railroad Company . 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,

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for the purpose of building, keeping up and using a railroad communication from the town or city of Griffin, Spalding county, Georgia, to the city of Columbus, Muscogee county, Georgia, by Flat Shoals, in Meriwether county, the principal office of which shall be located in the city of Griffin, at which office the annual elections of directors shall be held, Charles H. , Samuel Bailey, Nathan C. , A. M. Nall, G. A. Cunningham, J. C. Freeman, of Griffin, Spalding county; John B. West, W. . Reid, Dr. J. J. Caldwell, Isaac Strick, James M. Neal, of the county of Pike; G. M. Underwood, P. . Martin, John C. Lovell, Dr. Barns, of the county of Meriwether, and their associates, successors and assigns, [Illegible Text] and they are hereby declared to be, a body corporate and politic, under the name and style of the Griffin, Flat Shoals [Illegible Text] Columbus 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, [Illegible Text] 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 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 the United States and of this State. Principal office. Corporators General powers. Seal. Sec. 2. And be it further enacted by the authority aforesaid , 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 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 [Illegible Text], to commence said road. Capital stock. Subscription book. Sec. 3. And be it further enacted by the authority aforesaid , That, for the full organization of said company, said corporators named, or any three or more of them, shall appoint the time and places at which subscriptions for stock is said company may be made, and soon thereafter fix the day for the meeting of the stockholders at Griffin, of which they shall give notice in the public gazette published in the city, 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. Directorselection of. Sec. 4. And be it further enacted by the authority aforesaid , That each subscriber to the stock of said company shall

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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, he may be sued for said unpaid installment or installments 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. Defaulters. Liability. Sec. 5. And be it further enacted by the authority aforesaid , 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. Annual elections. Sec. 6. And be it further enacted by the authority aforesaid , That in all cases when a question of right-of-way arises, 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 laws 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 the account the enhanced value of the lands from the building of said road passing through said lands. Right-of-way. Sec. 7. And be it further enacted by the authority aforesaid , That said company shall begin the construction of said railroad within two years from the date of this act, and complete the same within fifteen years, and on failure of either of these requisitions, this charter, otherwise perpetual, with all the privileges hereby granted, are declared to be null and void. Roadconstruction of Sec. 8. And be it further enacted by the authority aforesaid , That said company shall be, and is hereby, authorized to appropriate all lands and materials 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-roads or railroads and all 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. Lands and materials may be appropriated.

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Sec. 9. And be it further enacted by the authority aforesaid , 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. May be disposed ofhow. Sec. 10. Repeals conflicting laws. Approved August 26, 1872. (No. 225O. No. 435.) An act to incorporate the Griffin Sandtown Railroad Company, and for other purposes therein mentioned . Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That John L. Dixon, R. M. McCaslin, Byrd Lovett, John B. Jones, H. F. Dixon, John D. Dunn, James L. Powell, John W. Redding, Dr. J. T. Dixon, John W. Williams, John T. Hall, D. S. Muse and T. J. Williams, of the county of Meriwether, and G. A. Cunningham, N. C. Monroe and A. M. Speights, of the county of Spalding, 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 Sandtown 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; may purchase, hold, lease and convey and property, either real or mixed, necessary for the purposes herein named. Corporators Name. General powers. Sec. 2. And be it further enacted , 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 Spalding, Pike and Meriwether, in the most direct, practicable route to the town of Sandtown, in the county of Meriwether, as the directors or corporators may desire; and the same to equip, use and enjoy all the rights, privileges and immunities granted to the Central Railroad Company, excepting banking privileges, and subject to the same liabilities imposed upon said company, with full authority to receive and take the right-of-way for said railroad, under the same restrictions as described in said acts. Line of road Right-of-way. Sec. 3. Be it further enacted , That the capital stock of said company shall not exceed five hundred thousand dollars, divided into shares of one hundred dollars each. Capital stock.

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Sec. 4. Be it further enacted , That the officers of said company shall consist of a president and vice-president, a secretary and treasurer, and not less than seven 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 the managing of the business of said company; that said company, through its board of directors, shall have power to borrow such sums of money as may be necessary for the construction and equipment of said railroad, 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. Officers. Rules and regulations. Bonds. Sec. 5. Be it further enacted , That a majority of said board of directors shall constitute a quorum, and, in the absence of the president, the vice-president shall act, and his acts and doings shall be legal and binding upon the company. Said board of directors shall have power to call a convention of the stockholders at such time as may be necessary for the interests of the company, and they shall fix a time for 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 mentioned, as the board of directors of the Central Railroad Company now have and enjoy. Quorum. Convention. Sec. 6. Be it further enacted , That said railroad company shall have power to sell, lease or transfer its privileges in said road to any other company or individual, or unite with any railroad corporation upon such terms as may be agreed upon. May sell, lease, etc. Sec. 7. Repeals conflicting laws. Approved August 30, 1872. (No. 226O. No. 399.) An act to incorporate the Griswoldville Jeffersonville Railroad Company, and for other purposes. Section 1. Be it enacted , That James Hammock, James Myrick, T. J. Joyner, Elias Jones, John H. Jones, H. S. Wimberly, Archibald McAllum, D. G. Hughes, John Chapman and James Coombs, of the county of Twiggs; George Carswell and W. E. Carswell, of the county of Wilkinson;

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and A. Vickers, of the county of Laurensor such of them and such other persons as shall associate under this actbe, and they are hereby, incorporated, and made a body corporate and politic, with all the rights and privileges common and necessary to such corporations, under the name and style of the Griswoldville Jeffersonville Railroad Company. Corporators Name. Sec. 2. And be it further enacted , That said company shall be authorized to build a railroad from the town of Griswoldville, in Jones county, to Jeffersonville, in Twiggs county; that they shall have power to consolidate their stock, and unite with any other 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 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 corporations: Provided , That such rules and regulations be not repugnant to the laws and Constitution of this State, or of the United States. Line of road General powers. President and directorspowers Sec. 3. Be it further enacted , That the capital stock of said company shall be one 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 may own shares in said company. Capital stock. Sec. 4. Be it further enacted , That said board of directors and president shall be elected on the first Tuesday in May, 1872, and on the same day in each and every year thereafter, unless otherwise altered by law, and shall have power to appoint all officers and agents 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 board: Provided , That said contracts shall not be binding on said company unless signed by the president and countersigned by the secretary of said company: Provided , That they shall be responsible for the amount of stock owned by them. Annual election. May borrow money. Proviso. 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,

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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 damages to the land on which such right-of-way 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 summons a jury of 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 assessed, 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. Right-of-way. Disputeshow settled. 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 the town of Griswoldville to the town of Jeffersonville, in the county of Twiggs, or near that place, and the said Griswoldville Jeffersonville Railroad Company 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 corporate acts as are permitted and allowed to other companies for similar purposes; and it shall be the duty of the Central Railroad, or any other railroad company with which this road may form connection, to transport, without delay, all freights delivered by said company. Exclusive right. Sec. 7. Repeals conflicting laws. Approved August 27, 1872. (No. 227O. No. 429.) An act to amend an act incorporating the Hawkinsville Eufaula Railroad Company. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That, from and after the passage of this act, the charter of the Hawkinsville Eufaula Railroad Company shall be amended as follows: that section four of the above recited act be so amended as to strike

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out of the ninth line of said section, the word seven, and insert, in lieu thereof, the word thirteen, and in the fourteenth line of said section, strike out the word five, and insert, in lieu thereof, the word eight. Charter amended. Sec. 2. Repeals conflicting laws. Approved August 28, 1872. (No. 228O. No. 229.) An act to legalize the subscription of one hundred thousand dollars in bonds of the city of Americus to the Hawkinsville Eufaula Railway, and for other purposes. Whereas, The mayor and city council of Americus, Georgia, did, on the day of , 1872, agree with the authorities of the contemplated railway from Hawkinsville to Eufaula, Alabama, to subscribe to the building of said road one hundred thousand dollars, in seven per cent. bonds of said city, having ten years to run, on condition that the legal voters of said city should, by a majority vote, approve the same; and whereas, after due and legal notice of the day of election, which was made known by proclamation of the mayor, the citizens of said city voted almost unanimously in favor of said subscription; and whereas, the legality of said subscription might be questioned in the absence of enabling acts Preamble. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority aforesaid , That said subscription is hereby made valid to all intents and purposes. Subscription. Sec. 2. Be it further enacted by the authority aforesaid , That the mayor and city council of Americus are hereby authorized and empowered to issue one hundred thousand dollars of bonds of said city, bearing seven per cent. per annum, and having ten years to run, and they are authorized to exchange these bonds for like amount in value of shares of the capital stock of said railway. Bonds. Sec. 3. Be it further enacted , That said mayor and city council are authorized and required to levy a special tax, annually, sufficient to pay the interest falling due on these bonds. Special tax. Sec. 4. Repeals conflicting laws. Approved August 24, 1872.

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(No. 229O. No. 37.) An act to amend the charter of the Lookout Mountain Railroad Company, approved October 24, 1870. Section 1. Be it enacted by the General Assembly of the State of Georgia , That all that portion of the fifth section of the above act, between the words Tryon Factory, in the fourth line, and the word and, in the seventh line, be stricken out, and the following be inserted in lieu thereof, to wit: The northern terminus of said railroad shall be at some point on the line of the States of Alabama or Tennessee, as the directors may hereafter determine. Northern terminus. Sec. 2. Be it further enacted , That the fifth section of said act be further amended by striking out all from the word railroad, in the second line, to the words from Kingston, in the third line, and add to the end of the third section of an act amendatory of the same, approved December 11, 1871, the following words to-wit: Or any other railroad company with which it may connect. May consolidate. Sec. 3. Repeals conflicting laws. Approved August 15, 1872. (No. 230O. No. 219.) An act to incorporate the Louisville Branch Railroad Company. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, A. E. Tarver, Thomas Nesbett, J. W. Cheatham, L. C. Warren, R. L. Gamble, F. A. Linglefield, J. H. W. Hunter, M. H. Hopkins, R. W. Carswell, Owen McDermott and W. A. Stokes, and such others as they may associate with them, and their successors and assigns, be, and they are hereby, constituted and declared a body politic and corporate, by the name and style of the Louisville Branch Railroad Company, and in and by that name may sue and be sued, plead and be impleaded in any court of law or equity of this State, or when their rights may come in question; that they may have and use a common seal, and the same to alter or destroy at pleasure; that they may purchase, accept, hold, enjoy or convey any property, real, personal or mixed, that may be necessary for the purposes hereinafter set forth. Corporators Name. General powers. Sec. 2. Be it further enacted , That said company shall have the power and authority to survey, lay out, construct,

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equip, use and enjoy a railroad from Louisville, Georgia, to some eligible point on the Central Railroad of this State, to be agreed upon by said company and the company of said Central Railroad, so as to connect the said town of Louisville, by railway, with the said Central Railroad. Line of road Sec. 3. Be it further enacted , That the capital stock of said company shall be one hundred and sixty thousand dollars, to be divided into shares of one hundred dollars each, and that said corporators, or a majority of them, shall, after the passage of this act, be authorized to open books at Louisville, Georgia, and at such other place or places, and upon such notice as they may deem proper, for subscription to said railroad. Capital stock. Subscription books. Sec. 4. Be it further enacted , That when the sum of fiftyfive thousand dollars shall be subscribed to said railroad, the corporators thereof, or a majority of them, shall appoint a time and place for the meeting of the stockholders, of which they shall give thirty days' notice in a public gazette of this State, and at three public places in the county of Jefferson, of an election for directors of said company, at which time and place said stockholders, under the supervision of said corporators, shall proceed, by ballot, to elect seven directors, who shall form and constitute the board of directors, 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 for holding all 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 that each stockholder shall be entitled to one vote for each share of stock he may hold in his own right or as trustee, one month prior to said election; that said board of directors shall have the power and authority to fill any vacancy that may occur in the board until the next regular annual election by the stockholders; that said board of directors shall fix the salary or compensation of the president thereof and all other officers of said corporation. President and directorselect'n. Salary. Sec. 5. Be it further enacted , That the board of directors shall have power to select and take, purchase or receive, as a donation, such strip or strips of land, not exceeding two hundred feet in width, between the points selected for the begining and terminus of said road as they may deem necessary for the construction of said road, and in all cases in which any dispute may arise between individuals or corporations and said company or their directors, as to the right-of-way or the value or price of said land, or the damage to the owner thereof, it shall be the duty of the Judge of the Superior Court of the judicial district embracing the county where said land lies, on application of either party, to nominate and appoint two disinterested and intelligent persons as arbitrators, whose duty

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it shall be, after giving ten days' notice to all parties interested, and being sworn according to law, to examine such property and estimate the value thereof, or the damage sustained thereby, taking into consideration the enhanced value of that or the adjoining lands of the claimant or owner, by reason of the building of said road, and return their award to the next term of the Superior Court of said county: Provided , The president and directors of said railway shall pay to the owner or claimant of the land upon which the right-of-way may run, the damages, if any, awarded by the said arbitrators, before they shall use and occupy in said right-of-way for said railway. Right-of-way. Sec. 6. Be it further enacted , That each stockholder of said company shall only be liable to the amount of his subscription. Liability. Sec. 7. Be it further enacted , That said railroad company shall be authorized, through its president and directors, to sell, lease or transfer its privileges in said road to any other company, corporation or individuals, upon such terms as may be agreed upon between them, and that said board of directors may make and establish all necessary by-laws, rules and regulations for the managing the business of said road that are consistent with the laws of this State and the United States. May sell or lease. Sec. 8. Repeals conflicting laws. Approved August 24, 1872. (No. 231O. No. 242.) An act to authorize the corporate authorities of Clinton, Conington, Lawrenceville, Cumming, Dahlonega, Dawsonville, Macon and Savannah, and any other corporate town or city which the Macon Cincinnati Railroad may pass through, or near to, or be connected with by other railroads, to take stock or make contributions thereto, and to issue bonds for the payment of said stock or contributions. Section 1. The General Assembly of the State of Georgia do enact , That the corporate authorities of Clinton, Covington, Lawrenceville, Cumming, Dahlonega, Dawsonville, Macon, Savannah, and any other corporate town or city in this State that the Macon Cincinnati Railroad may pass through, or near to, or be connected with by any other railroad, be, and are hereby, invested with the right and power to subscribe stock or make contributions to said railroad company in aid of the building thereof: Provided , That a majority of the qualified voters of said town or city, voting at an election

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held for the purpose, shall have voted for the same, and not otherwise: And provided , That, in all cases where the charter of any town or city shall require a greater vote than a majority to authorize subscriptions to railroads, the vote required by said charter shall be necessary to authorize said subscription by said town or city. Authorized to subscribe Proviso. Sec. 2. Be it further enacted , That the said corporate town or city, or either of them, through their city authorities, are hereby authorized to make said subscription or contribution of such amounts, in bonds or cash, as shall be deemed best by said city authorities. Subscribe in lands or cash. Sec. 3. Be it further enacted , That said corporate towns or cities, or either of them, through their city authorities, may be allowed and permitted to issue their bonds in such sums as may be thought most convenient, payable in thirty years from the date of issue, and bearing interest at seven per cent., and payable semi-annually at such places as may be specified, and shall be empowered to pay out said bonds for stock in said railroad or as contribution thereto. Bonds. Sec. 4. Repeals conflicting laws. Approved August 24, 1872. (No. 232O. No. 373.) An act to incorporate the Macon, Monticello Atlanta Railroad Company. 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, John T. Grant, L. P. Grant, George Hillyer, E. E. Rawson, Joseph E. Brown, J. H. James, E. Steadman, John Henderson, William F. Davis, James T. Maddox, G. T. Bartlett, Bonner, W. A. Huff, L. N. Whittle, C. A. Nutting, G. H. Hazelhurst, B. A. Wise, and their associates, be, and are hereby, constituted a body politic and corporate, by the name of the Macon, Monticello Atlanta Railroad Company, and by that name may 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 alter or destroy the same at pleasure, and may hold and purchase any property, real, personal and mixed, which may be necessary and proper, and generally may exercise all the powers incident to corporations, and shall continue as such corporation for one hundred years. Corporators Name. General powers. Sec. 2. That said company shall have power and authority to survey, lay out, construct, equip and use a railroad from Macon, by way of Monticello, to Atlanta, Fulton county, in

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this State, by the route deemed the most practicable, charging such amount for freight and travel as may be deemed expedient, and to open books and procure subscriptions for stock at such times and places as may be thought proper; to elect a president and board of directors; to borrow money, make contracts, hold real and personal estate to and for use of said road, and to issue bonds bearing such rate of interest as may be agreed on, and to secure said bonds by a mortgage upon its entire property and franchises. Line of road Other powers. Sec. 3. That the capital stock in said company shall be divided into shares of one hundred dollars each, and shall not exceed three millions of dollars. Capital stock. Sec. 4. That in any case where land or private rights-of-way may be required by said company for the use aforesaid, and the same cannot, for want of agreement, be determined between the parties as to price, or any other cause, it shall and may be lawful for either party, after five days' notice, in writing, to the other party, to apply to the Sheriff of the county in which said land may lie, to summon five freholders, who shall enter upon the land sought to be appropriated, and, after hearing testimony and inspection, award the amount of damages in writing, if any, either party having the right to appeal to the Superior Court of said county, and in all cases, such freeholders shall be sowrn, in assessing the damages, to take into consideration the prospective value of the road to the land, and assess accordingly. Right-of-way. Sec. 5. That the said board of directors shall have power, with the sanction of a majority of the stockholders of said company in convention assembled, to lease any connecting road, or to be leased by any connecting road, or to amalgamate its stock with that of any connecting road, or to use the line or track of any connecting road, on such terms and conditions as may be agreed upon with such roads. May lease or be leased. Sec. 6. That said road may, if thought desirable, construct a branch road across the Georgia Railroad, in and towards the direction of Knoxville, Tennessee: Provided , The same do not conflict with the chartered rights of any road now existing. Branch road Sec. 7. That the company shall have perpetual succession of members, and shall have full power to do all and every such corporate act as are permitted to other companies for similar purposes. Perpetual succession. Sec. 8. Repeals conflicting laws. Approved August 27, 1872.

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(No. 233O. No. 218.) An act to authorize and provide for the union and consolidation of the Macon Western Railroad Company with the Central Railroad Banking Company of Georgia, under the name and charter of the latter company, and for other purposes therein named. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Macon Western Railroad Company and the Central Railroad Banking Company of Georgia be, and they are hereby, authorized and empowered to unite and consolidate the stocks of the said two companies, and all the rights, privileges, immunities, property and franchises belonging or attaching to said companies, under the name and charter of the said, the Central Railroad Banking Company of Georgia, in such manner that each and every owner and holder of shares of the capital stock of the Macon Western Railroad Company shall be entitled to and receive an equal number of shares of the capital stock of the consolidated company: Provided , That nothing herein contained shall relieve or discharge either of said companies from any contract heretofore entered into, but that all such contracts shall be assumed by, and be binding on, the Central Railroad Banking Company of Georgia, and all benefits and rights under the same shall accrue to, and vest in, the said last mentioned company: And provided further , That, upon such union and consolidation, the capital stock of the Central Railroad Banking Company of Georgia shall not exceed the amount of the authorized capital thereof, and the present authorized capital of the Macon Western Railroad Company added thereto. Consolidation. Proviso. Proviso. Sec. 2. Be it further enacted , That such union and consolidation as is herein provided for shall not take place until at least two-thirds of the stockholders of each of said railroad companies (estimated by the number of shares held by each) shall have assented thereto, either in a stockholders' meeting, called for that purpose by said companies, respectively, or by written authority to the directors, by the stockholders representing at least two-thirds of the stock of each of said companies. When to take effect. Sec. 3. Be it further enacted , That when it shall be ascertained, in the manner hereinbefore provided, that at least twothirds of the stockholders of each of said companies have assented to such union and consolidation, it shall be the duty of the board of directors of each of said companies, respectively, to complete said union and consolidation, and to certify the same under the corporate seals of said companies, respectively, to his Excellency the Governor of this State, to be filed in the office of the Secretary of State. Certificate of consolidation.

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Sec. 4. Be it further enacted , That, upon the union and consolidation herein provided for, each stockholder in the Macon Western Railroad Company shall be entitled to receive a certificate of stock as a shareholder in the Central Railroad Banking Company of Georgia for a like number of shares, upon the surrender of his certificate of stock in the former company, which new certificate shall entitle the holder thereof to the same rights, privileges and benefits as attach to the holders of stock now held by the shareholders in said companies, or either of them. Certificates of stock. Sec. 5. Repeals conflicting laws. Approved August 24, 1872. (No. 234O. No. 174.) An act to incorporate the Macon, Vienna Warwick Railroad Company. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That, from and after the passage of this act, William M. Haslem, John F. Lewis, J. H. Whitsett, T. J. Ray, J. M. Hamilton, W. L. Graham, J. J. Collier, J. F. Leonard, W. H. Davies, S. B. Stovall, D. B. Leonard, R. L. Barefield, I. W. Wimberly, R. H. Pate, Stephen Woodward, B. F. Tharpe, E. Ezell, W. A. Huff, L. N. Whittle, B. F. Ross, R. R. Jenkins, J. H. Woodward, and such other persons as shall take stock under this act, and their successors and assigns, shall be, and they are hereby, constituted a body politic and corporate, by the name of the Macon, Vienna Warwick Railroad Company, and by that name may 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 alter and destroy the same at pleasure, and may purchase, accept, hold, enjoy and convey all property, real, personal and mixed, which may be necessary and proper, or convenient, in carrying out the purposes hereinafter mentioned, and generally may exercise all the powers incident to corporations, and shall continue as such corporation for thirty years. Corporators Name. General powers. Duration. Sec. 2. That said company shall have power and authority to survey, lay out, construct, equip, use and enjoy a railroad from Macon to Warwick, Worth county, Georgia, passing through Vienna, in Dooly county; and shall further have power and authority to connect its road, at its northern and southern termini, with the roads of other companies constructed

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to said termini, or which hereafter may be constructed to said termini; and shall have power to build bridges over any creeks or streams intersecting the line of said railroad, and for the purposes aforesaid to borrow money, and to issue its bonds, bearing such rate of interest as may be agreed upon, and to secure said bonds by a mortgage upon its entire property and franchises, and to sell such bonds at any rate of discount. Line of road May connect. Bonds. Sec. 3. That the capital stock in said company shall be divided into shares of one hundred dollars each, and shall not exceed two millions of dollars. Capital stock. Sec. 4. That, for the organization of said company, the said persons hereinbefore named, or a majority of them, shall appoint a time and place at which subscriptions of stock in said company may be made, of which they shall give twenty days' notice in a newspaper published at Macon, Georgia; and if, at the time and place designated, fifty thousand dollars are subscribed to the capital stock of said company, a meeting of the stockholders may be held at the same time and place, at which meeting they shall proceed to elect from their number thirteen directors, one of whom they shall elect as president, and said president and directors shall hold their offices for one year, and until their successors are elected and installed into office, and shall have power to make and adopt by-laws for the government of said company, and for the regulation of its affairs: Provided , That not less than eight directors shall constitute a board for the transaction of business; the number of votes to which each stockholder shall be entitled shall be the number of shares which he, she or they may hold in his, her or their own right, or as trustees; and the said board of directors shall have power to fill all vacancies which may occur in their own body, or in any office of said company, until the regular annual election by the stockholders, to be provided for in the by-laws of said company; and if, at the time and place designated, the amount of fifty thousand dollars is not subscribed, the said persons hereinbefore named, or a majority of them, shall appoint again a time and place at which a subscription of stock in said company may be made, giving twenty days' notice of such time and place, in a newspaper published at Macon, Georgia, at which time and place, if said amount be subscribed, an organization may be effected as hereinbefore provided. Subscriptions. Election. By-laws. Vacancies. Sec. 5. That said board of directors shall have power, with the sanction of the majority of the stockholders of said company in convention assembled, to lease any connecting road, or to be leased by any connecting road, or to amalgamate its stock with that of any connecting road, on such terms and conditions as may be agreed upon with such roads. Connecting roads. Sec. 6. That in all or any case or cases where land or private rights-of-way may be required by said company for the

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use aforesaid, and the same cannot, for 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 commissioners, or a majority of them, to be appointed by the Superior Court of the county where the land or right-of-way may 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 the 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 which he, she or they may receive from the establishment of said roailroad, and shall state particularly the nature and amount of each, and the excess of loss and 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 refused, may be tendered. Right-of-way. Sec. 7. Repeals conflicting laws. Approved August 23, 1872. (No. 235O. No. 412.) An act to incorporate the Montezuma Vienna Railroad Company. 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, from and after the passage of this act, James F. Leonard, D. B. Leonard, W. H. Davis, W. L. Graham, Jasper F. Lewis, Shepard Rogers, W. Calhoun, J. H. Wallace, A. G. Morgan, J. T. Collier, W. Miner, W. W. McLendon, John H. Woodward, and such other persons as shall take stock under this act, and their successors and assigns, shall be, and they are hereby, constituted a body politic and corporate, by the name of the [Illegible Text] Vienna Railroad Company, and by that name may sue and be sued, plead and be impleaded, in any court of law and equity in this State; may have and use a common

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seal, and alter and destroy the same at pleasure, and may purchase, accept, have, hold, enjoy and convey all property, real, personal and mixed, which may be necessary and proper, or convenient in carrying out the purposes hereinafter mentioned, and generally may exercise all the powers incident to corporations, and shall continue as such corporation for one hundred years. Corporators Name and general powers. Sec. 2. Be it further enacted , That said company shall have power and authority to survey, lay out and construct, equip, use and enjoy a railroad from Montezuma to Vienna, in Dooly county, and shall further have power and authority to connect its road at each termini with the roads of other companies constructed to said termini, or which hereafter may be constructed to said termini, and shall have power to build bridges over any creek or streams intersecting the line of said railroad, and, for the purposes aforesaid, to borrow money and to issue its bonds bearing such rate of interest as may be agreed upon, and to secure said bonds by a mortgage upon its entire property and franchises, and to sell such bonds at any rate of discount. Line of road Bonds. Sec. 3. Be it further enacted , That the capital stock in said company shall be divided into shares of one hundred dollars each, and shall not exceed one million of dollars. Capital stock. Sec. 4. Be it further enacted , That, for the organization of said company, the said persons hereinbefore named, or a majority of them, shall appoint a time and place at which subscriptions of stock in said company may be made, of which they shall give twenty days' notice in a newspapers published at Macon, Georgia; and if, at the time and place designated, fifty thousand dollars are subscribed to the capital stock of said company, a meeting of the stockholders may be held at the same time and place, at which meeting they shall proceed to elect from their number seven directors, one of whom they shall elect as president, and said president and directors shall hold their offices for one year, and until their successors are elected and installed into office, and shall have power to make and adopt by-laws for the government of said company, and for the regulation of its affairs: Provided , That not less than five directors shall constitute a board for the transaction of business. The number of votes to which each stockholder shall be entitled shall be the number of shares which he, she or they may hold in his, her or their own right, or as trustee; and the said board of directors shall have power to fill all vacancies which may occur in their own body, or in any office of said company, until the regular annual election by the stochholders, to be provided for in the by-laws of said company; and if, at the time and place designated, the amount of fifty thousand dollars is not subscribed, the said persons hereinbefore named, or a majority of them, shall appoint again a time and place at which subscriptions of stock in said company

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may be made, giving twenty days' notice of such time and place in a newspaper published at Macon, Georgia, at which time and place, if said amount be subscribed, an organization may be effected as heretofore provided. Subscriptions. Election. Quorum. Vacancies. Sec. 5. Be it further enacted , That the said board of directors shall have power, with the sanction of a majority of the stockholders of said company in convention assembled, to lease any connecting road, or to be leased by any connecting road, or to amalgamate its stock with that of any connecting road, on such terms and conditions as may be agreed upon with such roads. May lease or be leased Sec. 6. Be it further enacted , That in all or 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 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 commissioners, or a majority of them, to be appointed by the Superior Court of the county where the land or right-of-way may 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 the 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 which 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 of 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 refused, may be tendered. Right-of-way. Sec. 7. Repeals conflicting laws. Approved August 27, 1872. (No. 236O. No. 433.) An act to incorporate the Montgomery-Street Fair-Ground Railroad. Section 1. The General Assembly of the State of Georgia do enact , That Charles B. King, John Lama, Clifford A. King, David R. Dillon, Thomas J. McWesh and C. J. Hull, and

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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 Montgomery-Street Fair-Ground Railroad Company, and by said corporate name shall be capable in law to 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 Name. General powers. Sec. 2. Be it further enacted , That the capital stock of said company shall be fifty thousand dollars, divided into shares of one hundred dollars each; but whenever it may be deemed necessary by the then-existing board of directors of said corporation, the stock may be increased to two hundred thousand dollars. Capital stock. Sec. 3. Be it further enacted , That the said corporators, or a majority of them, 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; all matters relating to officers, salaries, term of office, voting, election of directors, etc., shall be fixed and established by the by-laws, rules and regulations of said corporation. President and directors. Sec. 4. Be it further enacted , That the said corporation be, and it is hereby, authorized and empowered to make, construct and maintain a railroad of the most suitable dimensions for the transportation of passengers and baggage, and to construct, also, all necessary branches, switches, turn-outs and side-tracks, and to own, use and operate said line or lines of rail with steam, outside of the existing city limits, or horsepower within the city, for the full term of twenty years, and for such further time as may be granted upon renewal of the charter. May construct road. Sec. 5. Be it further enacted , That the work of constructing said railway shall be commenced at the earliest practicable date, after the passage of this act, and that at least onethird of the line on Montgomery street, within the city limits, be finished, and cars running, making at least four regular trips per day, within one year from the date of said charter; said street railroad, extending from Bay street, in the city of Savannah, shall have the exclusive right of use for railroad purposes, through Montgomery street, passing through the squares in said street, excepting that such road shall not be laid within any part of the enclosure of Franklin Square, on account of the water-works therein located; said road then extending beyond Anderson street, in the line of the future extension by the city of the said Montgomery street, or in that direction south and eastwardly, to any point or points between the Ogeechee and the Vernon rivers, deviating from such due course

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as may be deemed advisable or desirable upon survey of a line or lines of road, paying the owners of land through which such extended line may pass, other than the public streets or roads, a just indemnity, to be ascertained and provided for according to the law as established by the Atlantic Gulf Railroad's charter, which railroad, with its right-of-way, it will be necessary to cross in the extension of said line south. When to begin operations. Sec. 6. Be it further enacted , That, from the main track on Montgomery street, a turn-out or branch may be laid through St. Julien street, giving direct access to the market; and, also, another branch may be made westwardly, through the same street, or such other as may make the most convenient and direct course, by such way or road as may be hereafter opened for public use to the Fair Grounds. Branch road Sec. 7. Be it further enacted , That the right-of-way over private lands shall be the land covered by the railway, and twenty feet on each side of the same, for the procurement therefrom of timber, earth and other materials. The company shall be bound to construct and maintain such crossings as may be necessary for public convenience; and no persons shall have the liberty to construct crossings over such railroad, except by said crossings, without the express permission of the corporation. In the streets of the city, the track of said railroad shall be so constructed, in its switches, turn-outs and crossings, as to be of even grade with the street, (excepting in cases of re-gradings,) and the streets outside of said track, for two feet at least, shall be kept in as good condition as the balance of the street is kept by said city authorities. The grade of the street shall be fixed by the city surveyor, in advance of the work of laying the track, and this grade, thus fixed and built on by the company, shall not be altered by said city at the expense of said company, nor the track torn up or undermined for laying gas or water-pipes, or ducts, without relaying said track. Right-of-way. Crossings. Sec. 8. Be it further enacted , That any person injuring the property of said company, or who shall throw earth, stones, trees, rubbish, logs, or any other matter, upon said railroad track or branches thereof, shall be punished by indictment for misdemeanor, and, on conviction, may be fined and imprisoned, at the discretion of the court, and shall 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. Injury to property. Sec. 9. Be it further enacted , That the said company shall have the exclusive use of said railroad for their own cars or conveyances, or, should they permit 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; the cars of said company shall have the right-of-way on and

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over their said railway tracks, turn-outs and switches, to the exclusion of all teams and vehicles, except the fire apparatus in case of fire; and any person or persons who shall obstruct said tracks, by occupying any part thereof, or otherwise retard the progress of said cars, after due notice given by the carbell, whistle or other proper signals, shall be subject to such fines and penalties as may be imposed by the Police Court of Savannah, but without any expense, in any case, to the city. Tolls, etc. Sec. 10. Be it further enacted , That the board of directors, after their organization, may call for further installments on each share whenever necessary, not to exceed, however, one hundred dollars in all, on each share, giving at least thirty days' notice, in one or more of the public gazettes of the city of Savannah, of such call, and any or all stockholders failing to pay any installments so called, 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 heretofore have 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 shall hereafter determine. Installm'nts Sec. 11. Be it further enacted , That no tax shall be levied upon this company than that paid pro rata for amount of stock held by other railroad companies in this city; and the said company, and its agents, shall be under the same police regulations, liable to fines as other persons for violations of the ordinances of said city of Savannah. Sec. 12. Be it further enacted , That certificates of stock shall be issued to the stockholders on payment of the sum required at the time of such subscription, which shall be transferred on the books of the company only, and by personal entry of the stockholder, or his legal attorney, or his representative, duly authorized for that purpose. Certificates of stock. Sec. 13. Repeals conflicting laws. Approved August 28, 1872. (No. 237O. No. 432.) An act to amend an act entitled an act to incorporate the Newnan Americus Railroad Company, and for other purposes, assented to August 27, 1870. 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 the act entitled an act to incorporate the Newnan Americus Railroad Company, and for other purposes, assented

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to August 27, 1870, be, and the same is hereby, so amended as to increase the directors of said road to nine in number, which additional directors shall be elected to fill the present unexpired term of directors by the stockholders of said company, at such time and place as the present acting directors may designate, and in such manner as is provided by law for the election of directors of said road, and in all future elections for directors of said road, there shall be elected nine directors for said road as is now provided by law for the election of said directors. Number of directors increased. Sec. 2. Repeals conflicting laws. Approved August 28, 1872. (No. 238O. No. 389.) An act to incorporate the North Georgia Ducktown Railroad Company, and for other purposes. 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, for the purpose of building, keeping up, equiping and using a railroad from the town of Cartersville, on the Western Atlantic Railroad, to the State line of Tennessee, in the direction of the Ducktown copper mines, the following named citizens shall constitute a board of commissioners, with authority as is hereinafter set forth: Lewis Tumlin, Nelson Gilreath, John J. Howard, William T. Wofford, Abda Johnson, R. A. Crawford, W. W. Leake, J. W. Harris, D. W. K. Peacock, Thomas Tumlin, A. R. Hudgins, W. H. Felton, Francis Fontaine, Z. W. Jackson, W. W. Cotton, Daniel S. Ford, John R. Adair, William H. King, J. G. Lowry, W. K. Miles, W. H. Gilbert, M. R. Stansell, John W. Gray, of Bartow; L. J. Alred, James Simmons, Thomas Atherton, of Pickens; L. R. Ramsour, Samuel J. Carter, W. W. Dyer, M. D. Watts, J. W. Stanton, Henry Erwin, Thomas B. Barnwell, W. E. Carter, of Gordon; John R. Cobb, Joseph P. Chastain, of Gilmer; John A. Jarris, E. W. Chastain, of Fannin. Commissioners. Sec. 2. And be it further enacted , That, as soon as the sum of two hundred thousand dollars shall, in good faith, have been subscribed towards the construction of said railroad, the stockholders therein may proceed to elect seven directors, any five of whom shall form a quorum, and be competent to transact business. The board of directors shall be elected annually, and continue in office until their successors are elected. The board of directors, at their first meeting,

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shall elect, from their number, a president, and annually thereafter, who shall preside at all meetings of the board of directors, preserve order, enforce rules and direct the manner and mode of business; and, in the absence of the president, the board of directors may appoint a chairman. No one but a bona fide stockholder shall be president or director of said railroad company, and any vacancy occurring in said board may be filled from among the stockholders, at any time, by the acting directors. Election. President. Sec. 3. And be it further enacted , That said president and directors may prescribe by-laws, may make and enforce all rules and regulations necessary for carrying the powers herein enumerated into effect, not repugnant to the laws of the State of Georgia, nor the Constitution thereof. By-laws. Sec. 4. And be it further enacted , That said president and directors shall have full power and authority to survey, lay out and construct said railroad in the way and manner they deem most prudent and advisable, subject only to the conditions and terms herein expressed. Construct road. Sec. 5. And be it further enacted , That said president and directors may contract for the building of the entire line of said railroad, or any section or part of the same, as they may deem best, and shall have power and authority to connect or consolidate with any other railroad, and to cross railroads in their route, upon terms equitable and just, to be determined by the president and board of directors of the contemplated railroad, and the president and directors of such other railroad as said contemplated railroad may desire to connect or consolidate with or to cross. Contracthow. May consolidate. Sec. 6. And be it further enacted , That the aforesaid corporators, or any three or more of them, may cause books of subscription to be opened at such times and places as they may deem proper, giving ten days' public notice of the same, and they are further authorized and empowered to transfer to any books of subscription all shares of stock heretofore subscribed for, or taken bona fide , to any other book or books which they may open as a permanent stock-book. Subscription book. Sec. 7. And be it further enacted , That scrip shall be issued to the stockholders certifying the amount of stock had, and the payment made on said stock, such scrip to be signed by the president and countersigned by the secretary of said company; each stockholder shall be liable to the amount of his, her or their unpaid stock. Certificates of stock. Liability. Sec. 8. And be it further enacted , That the books, papers, correspondence and funds of said company shall, at every meeting of the stockholders and board of directors, be subject to their inspection; and all bonds, notes or other evidences of debt or contract, liability or engagement in behalf of said company, shall be binding or obligatory upon said corporation when the same shall be signed by the president of said company,

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and countersigned by the secretary thereof, and not otherwise. Books subject to inspection. Obligations Sec. 9. And be it further enacted , That the said president and directors are hereby empowered to issue and negotiate the bonds of the aforesaid company in amount not to exceed the capital stock of said company. All bonds, whether those issued in the name of the company or received for subscription to the capital stock thereof, shall constitute a first mortgage or prior lien upon the aforesaid railroad and its property of every description. Bonds. Lien. Sec. 10. And be it further enacted , That the capital stock of said company shall not exceed one million of dollars, to be divided in shares of one hundred dollars each, each share representing one vote; stock may be voted by proxy, duly authenticated; the company may commence work when a bona fide subscription of two hundred thousand dollars shall be made. Capital stock. Sec. 11. And be it further enacted , That in all cases where a question of right-of-way may arise, and the parties shall be unable to agree, the owner of the land shall select a man, or his agent or attorney may do so, and the agent of the company shall select a man, who shall be disinterested persons, and if the two cannot agree upon the value of the damages to be paid, they shall select a third man, all of whom, under oath, shall assess the damages to be paid by said railroad company for running said road through the land of any citizen, reserving to either party the right of appeal to the Superior Court, under the laws in force regulating appeals to that court: Provided , That in no case the right-of-way embrace more than seventy feet in width on each side of the track of said railroad: And provided further , In addition to the usual oath, the assessors be severally sworn, in assessing damages, to take into account the enhanced value of the lands from the building of the said railroad through said lands. Right-of-way. Proviso. Sec. 12. And be it further enacted , That the president and directors shall be authorized to call for such installments as they, from time to time, deem necessary, and to enforce the collection of the same, or declare the stock of the delinquent forfeited, as they may deem best for the interest of the company. Installm'nts Sec. 13. And be it further enacted , That said president and directors shall have power to contract and be contracted with; to borrow money; to sue and be sued, plead and be impleaded; to have and use a common seal, and to exercise and enjoy all the rights, privileges and immunities of a body corporate and politic. General powers. Sec. 14. And be it further enacted , That said company shall be liable for all property injured or destroyed by the carelessness, mismanagement or inattention of any of its servants, agents or employees, and may settle and adjust all

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claims of this sort against it in the same way and with the like privileges as settlements with owners of lands are authorized to be made in section eleven of this act. Liabilty. Sec. 15. And be it further enacted , That the company aforesaid shall have a succession of members, and shall be deemed a common carrier as respects all passengers, goods, wares and merchandise, and property intrusted to them for transportation; perform all and every corporate act as are permitted or allowed to other companies incorporated for similar purposes in this State: Provided , That 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 said road is completed and in operation. Common carrier. Proviso. Sec. 16. And be it further enacted , That whenever said railroad shall cross any public highway, it shall be the duty of said company to put and keep the crossing of said highway in good order and repair, and in case of refusal or neglect, said company shall be subject and liable to all the laws and regulations of the common road laws of this State. Crossings. Sec. 17. And be it further enacted , That any persons who shall willfully trespass upon said contemplated railroad, or violate its chartered rights and privileges, or who may injure or destroy the property of the company, or who shall obstruct said railroad in any way or manner, shall, independent of the common law rights of persons or property injured or destroyed, be subject to indictment for misdemeanor in the Superior Court of the county in which the mischief may have occurred, and, upon conviction, shall be punished by imprisonment in the penitentiary of the State for any time not less than one year nor longer than ten years. Violation of chartered rights. Sec. 18. And be it further enacted , That any individual, commissioner or corporator may receive a subscription from any one person to the capital stock of said company, in amount not to exceed one thousand dollars. Subscriptions. Sec. 19. And be it further enacted , That said company shall have authority to indorse and to negotiate such bonds as may be received for subscription to the capital stock of said railroad company, and shall have authority to accept, purchase, have, lease and convey any property, real, personal or mixed, and to erect such buildings, shops and machinery, and do such other things, as it may deem necessary for its advantage and success. Bonds. Shops, etc. Sec. 20. And be it further enacted , That the principal office of the aforesaid railroad company shall be located at Cartersville, at which office all meetings of the stockholders and the annual election of president and directors shall be held. Principal office. Sec. 21. Repeals conflicting laws. Approved August 27, 1872.

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(No. 239O. No. 404.) An act to amend an act entitled an act to incorporate the North South Railroad Company of Georgia. Section. 1. Be it enacted , That the right-of-way of the North South Railroad Company shall be one hundred feet wide, fifty feet on each side, measuring from the center of the track, except in such instances where a different width may be agreed upon between the party conveying the right-of-way and said company. Right-of-way. Sec. 2. And be it enacted , That in event any subscriber or subscribers to the capital stock of said company declines, delays or evades the payment of any installment which may be due, then it shall be lawful for the said company, through its president, to expose at public sale, in Columbus, after ten days' notice in a public gazette, the stock of the said subscriber or subscribers who may so decline, delay or evade, and should the proceeds of such sales fail to pay, at par value of said stock, the balance due by said subscriber or subscribers to said company, the said company may recover any deficiencies from the property of the said subscriber or subscribers. Defaulters. Sec. 3. And be it enacted , That section 11 of the act hereby amended shall read, after the words, Bainbridge, Cuthbert Columbus Railroad Company, or any other company having a line of railroad, or which is authorized to construct a line of railroad which connects, or would when constructed, connect with its line of railroad, in the name of the North South Railroad Company of Georgia, and should it consolidate with any company or companies, as hereby authorized, then, in that event, it shall enjoy and possess all rights, powers and privileges enjoyed or possessed by or granted to the company or companies with which it may consolidate. Section 11 amended. Sec. 4. Repeals conflicting laws. Approved August 27, 1872.

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(No. 240O. No. 78.) An act to amend an act entitled an act to amend an act incorporating the Ocmulgee River Railroad Company, and for other purposes, and to change the name thereof, and to loan the credit of the State to the Ocmulgee North Georgia Railroad Company, approved October 17, 1870; to change the name of said company, and to strike out the proviso in the fourth section in said act, as to the Central Railroad. Section 1. The General Assembly do enact , That the name of said company be, and the same is hereby, changed to the Macon and Cincinnati Railroad Company. Name. Sec. 2. Be it further enacted , That the proviso in the 4th section of said act be, and is hereby, amended so as to strike out the following words, to-wit: Provided , That said road shall never, directly or indirectly, be controlled, managed or worked by the Central Railroad, which, if it occurs, shall forfeit the charter. Amended. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 241O. No. 249.) An act to amend the charter of the Rome Railroad Company, the Memphis Branch Railroad Company, and the Selma, Rome Dalton Railroad Company, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Rome Railroad Company, the Selma, Rome Dalton Railroad Company, and the Memphis Branch Railroad Company, or any two of them, be, and they are hereby, authorized to use, in common, the right-of-way, yards and track upon the franchise heretofore granted to the Rome Railroad Company, from the junction of the Etowah and Oostanaula rivers, to the point where the track of the Selma, Rome Dalton Railroad, as now laid, diverges from the track of the Rome Railroad, near the northern or eastern limits of the city of Rome, upon such terms as the respective parties have agreed, or may agree upon, with the said Rome Railroad Company, as compensation for such joint use of its franchises, and upon obtaining the assent of the Rome Railroad Company thereto. Right-of-way. Sec. 2. Be it further enacted , That each of said companies shall be liable to parties aggreved by violation of contracts

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or torts committed by it, and shall not be liable in any covenant, or for any damage or in any tort, for the act or acts, or omission of either of the others or their servants. Liability. Sec. 3. Be it further enacted , That it shall and may be lawful for the said Rome Railroad Company to make a similar contract, with like effect in all respects, with the North South Railroad Company, the Lookout Mountain Railroad Company, or any other railroad connecting at Rome, which may be hereafter constructed for a like common use of the railroad yard and right-of-way, at or near Rome, of said first named company, upon such terms as may be agreed upon by the respective parties at interest. Contracts. Sec. 4. Repeals conflicting laws. Approved August 24, 1872. (No. 242O. No. 189.) An act to incorporate the Sandersville Branch Railroad Company, and for other purposes therein named. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, for the purpose of constructing a railroad from the line of the Central Railroad Banking Company of Georgia, commencing at or near a point known as Tennille, or Number Thirteen, on said Central Railroad, in the county of Washington, to the town of Sandersville, in the same county, and to such other points and places as will be hereinafter designated, C. R. Pringle, B. D. Evans, R. L. Warthen, M. Newman, P. Napp, J. U. Floyd, L. Kelly, R. W. Holt, J. N. Gilmore, Green Brantley, S. B. Jones, Horatio N. Hollifield, Haywood Brookins, Bryant Watkins, J. J. Irwin, G. W. Kelly, W. W. Carr, and such other individuals and corporations as may be associated with them, are hereby made and created a body corporate and politic, by the name and style of the Sandersville Branch Railroad Company, and by said corporate name shall be capable in law to buy, hold and sell such real and personal estate, of every description, as may be necessary and convenient for said corporation, and to make contracts, sue and be sued, make by-laws, to have and use a common seal, and generally to do such lawful acts incident to the existence and management of a railroad corporation. Corporators Name. General powers. Sec. 2. Be it further enacted , That the capital stock of said company shall be one hundred thousand dollars, but said company may be organized whenever twenty thousand dollars shall be bona fide subscribed in the manner hereinafter

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provided, said capital stock to be divided into shares of one hundred dollars each, and with the privilege of increasing the same to one million dollars, or any less sum, at the option of the directors for the time-being, whenever said railroad shall be extended beyond Sandersville. Capital stock. Sec. 3. Be it further enacted , That books of subscription to the capital stock of said company shall be opened, under the superintendence of any three or more of the commissioners or corporators hereinbefore named, at Sandersville, and at such other places as said commissioners may decide, after giving at least two weeks' notice in the nearest public gazette to the place of opening said books, and at the time of subscription, said commissioners shall require at least ten dollars on each share to be paid down in cash, and when the sum of twenty thousand dollars shall be so subscribed and part payment made, the commissioners shall give twenty days' notice for an election for five directors to manage the affairs of said company, at which election for directors each share of stock shall be entitled to one vote, and the same rule shall prevail in all meetings of stockholders of said company; said directors, so elected, shall meet as soon as practicable thereafter, and elect one of their number as president, and the said president and directors shall then be invested with the general powers, duties and responsibilities which attach to similar officers of railway companies in the State of Georgia, and there shall be an annual election of the same by the stockholders on the first Monday in September of each and every year. Subscription books. Directors. General powers. Sec. 4. Be it further enacted , That the president and directors of said company shall be authorized to appoint a secretary and treasurer, a chief engineer, and such other officers as may seem to them necessary and proper, and shall proceed, as soon as practicable, to lay out, construct and operate a line of railroad from a point at or near Tennille, or Number Thirteen, on the Central Railroad, to the town of Sandersville, in the county of Washington, and at any time thereafter, in their discretion, to extend the same to the town of Sparta, in Hancock county, and thence to Union Point, or some other suitable connection with the line of the Georgia Railroad, and to do all things necessary for that purpose, including the purchase of land for depot sites, workshops, for the running of the track, and the purchase of the cars, locomotives and all other machinery and furniture necessary for a railroad company, and said president and directors are hereby invested with all the powers, privileges, rights and duties which attach to the Central Railroad Banking Company of Georgia, except the banking privileges, so far as the same can be made applicable to a corporation having the locality provided for that hereby created. Officers. Rolling stock. Privileges. Sec. 5. Be it further enacted , That it shall be the duty of the president and directors to procure the necessary lands and

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right-of-way from the proprietors adjacent to said line of railway, but when the same cannot be accomplished by voluntary agreement, said president and directors are hereby authorized to procure the said land and right-of-way in the manner pointed out in section fifteen of the charter of the Central Railroad Banking Company, as appears by an act approved December 14, 1835. Right-of-way. Sec. 6. Be it further enacted , That it shall be the duty of the board of directors to call for the payment of the capital stock subscribed for, in additional installments, not exceeding thirty per cent. at any one time, by giving at least two weeks' public notice of such call in a gazette published in Sandersville, and if none shall be published in Sandersville, then in a gazette published in Savannah, and if any subscriber to such stock shall fail to pay any installment so called, it shall be optional with the board of directors to declare such stock forfeited to the company, or to proceed to enforce the payment of said installments, as a debt due to said company, by any proper proceeding at law or in equity. Installm'nts Defaulters. Sec. 7. Repeals conflicting laws. Approved August 24, 1872. (No. 243O. No. 341.) An act to extend the charter of the Charleston Savannah Railroad Company to the Savannah Charleston Railroad Company. Whereas, The Savannah Charleston Railroad Company, a body corporate in South Carolina, has succeeded to the possession of the Charleston Savannah Railroad, and has already reconstructed and opened said road to Savannah: therefore Preamble. Section 1. Be it enacted , That such persons as have, in South Cprolina, been made and constituted by public law a body corporate and politic, under the name and style of the Savannah Charleston Railroad Company, and have reconstructed and reopened said road to the city of Savannah, and their successors, are hereby created a body corporate and politic in this State, by the name of the Savannah Charleston Railroad Company, which body corporate shall have the same rights, powers, privileges and franchises, subject to the same provisions and limitations as were and are granted, provided and limited unto the Charleston Savannah Railroad Company by and in an act entitled an act to charter the Charleston Savannah Railroad Company, approved the 18th day of February, A. D. 1854. Name. Privileges. Proviso.

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Sec. 2. Be it further enacted , That the said Savannah Charleston Railroad Company, and their successors or assigns, are hereby authorized to construct a railroad bridge across the Savannah river, at a point above Sister's Ferry, and from thence to construct a railroad to such point as may be selected on the Central Railroad, subject to and with all the rights, privileges, limitations and powers herein and hereby granted by this act and the act herein referred to. Bridge. Sec. 3. Repeals conflicting laws. Approved August 26, 1872. (No. 244O. No. 89.) An act to incorporate the Steam Road Wagon Company of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, H. L. W. Craig, P. H. Loud, John Stinson, J. H. Woodward, James D. Waddell, Dunlap Scott, J. M. Smith, J. R. Griffin, G. W. Lee, A. B. Peagan, B. G. Lockett, E. S. Barclay, Garnett McMillan, W. Wyatt Charlton, J. B. Cumming, and any others whom they or a majority may associate with them, and their successors, be, and they are hereby, declared a body corporate, by the name and style of the Steam Road Wagon 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 make and ordain by-laws; may have and use a common seal, the same to alter and destroy at pleasure; and may purchase, accept, have, hold, enjoy and convey any property, real and personal, which may be necessary or proper for the purpose herein mentioned: Provided , That said company shall keep up and maintain the road to be used at its own expense. Corporators Name. General powers. Sec. 2. Be it further enacted by the authority aforesaid , That the capital stock of said company shall be fixed at one hundred thousand 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. Capital stock. Sec. 3. Be it further enacted by the authority aforesaid , That when fifty thousand dollars of stock is subscribed, the stockholders shall meet and elect five directors, who shall elect one of their number president, and such other officers as they may deem necessary. Election. Sec. 4. Repeals conflicting laws. Approved August 23, 1872.

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(No. 245O. No. 92.) An act to incorporate the Talbotton Branch Railroad Company, and for other purposes. 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 Isaac Cheney, Thomas A. Brown, Thomas N. Gibson, William T. Dennis, Joseph Waterman, Ossian D. Gorman, William E. Ragland, William A. Daniel, W. A. Little, 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, under the name and style of the Talbotton Branch Railroad Company, and by that name they may have, purchase and enjoy such real and personal estate as may be necessary for the purpose of carrying this act into effect, or to the full enjoyment of the same, 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, change and destroy at pleasure. Corporators Name. General powers. Sec. 2. Be it further enacted , That said company shall have power and authority to survey, lay out, construct, equip, use and enjoy a railroad from the town of Talbotton to some point on the Southwestern Railroad, in either Talbot or Taylor counties, as may be determined and agreed on by the first board of directors elected under this charter. Line of road Sec. 3. Be it further enacted , That the capital stock of said company shall be two hundred thousand dollars, to be divided into shares of one hundred dollars each, and the books of subscription to said capital stock shall be opened in such places and at such times, in the State of Georgia, as the incorporators under this act, or the board of directors of said company shall direct by the incorporators, directors, or such persons as may be appointed for that purpose. Capital stock. Subscription books. Sec. 4. Be it further enacted , That when the sum of twenty-five thousand dollars shall have been 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 at least one of the public gazettes of this State, not less than twenty days before the time of said meeting, at which meeting the stockholders shall proceed to elect, by ballot, not less than five nor more than seven directors for said company, as a majority of shares represented in said stockholders' meeting shall decide, to manage the affairs of the said company, one of which directors shall be, by said board, elected as president thereof, and no person shall be elected a director of said company unless he shall own, in his own right, not less than

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five shares in the capital stock of said company; the said president and directors shall hold their offices for one year, and shall prescribe in their by-laws the manner, times and place of holding each subsequent election of directors, and, in all cases, the stockholders shall vote in person, or by proxy under power of attorney, and said stockholders shall have one vote for each share held or owned by him or her, and so held or owned for sixty days prior to said election, after the first election as herein provided; 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 and other officers of the corporation; a majority of the board of directors shall constitute a quorum for the transaction of business, including the president, and in case of the absence of the president, his place may be supplied by any one of the board so chosen pro tempore . Stockholdersmeeting of. Election. Term of office. Vacancies. Quorum. Sec. 5. Be it further enacted , That said board of directors shall have power to take and receive, as donations, any part or parcels 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 land, through and on which the said railroad is sought to be located, and said board of directors, in regard to the value of the right-of-way, or the damage caused to said land by the construction of said railroad and the running thereof, that then 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 freeholder as an appraiser, if he, she or they should think proper, and the Ordinary of the county in which said land lies shall appoint another disinterested freeholder as an appraiser, and in case the owner of the land shall fail or refuse to appoint an appraiser, then the other two so selected shall act, and the said appraisers shall be sworn, by some officer authorized to administer oaths, to make and return to said Ordinary a just, true and impartial valuation of the damages, and their award shall be in writing, and signed by a majority of the appraisers, accompanied by a description of said land, which shall be taken and held as a judgment for the amount of the damages rendered against said company, and may be enforced by execution under the hand of the Ordinary, and the description of the land and the award shall be recorded in said county in the same manner as deeds are recorded, and shall vest the right-of-way over said land in said railroad company: Provided , That if either party shall be dissatisfied with the award made, as aforesaid, he may, after said award has been returned to the Ordinary, enter an appeal to the Superior Court, under the laws now regulating appeals, which said appeal shall be tried in the same manner and subject to the same rules as now govern [Illegible Text] from the Court of Ordinary. Donations. Right-of-way. Appeal.

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Sec. 6. Be it further enacted , That said company shall build and keep in order such crossings as may be necessary, at such places as public roads may cross the same. Crossings. Sec. 7. Be it further enacted , That all evidence of debt, contract, 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 property of said company shall in no case be held responsible for any contract or agreement, unless the same be signed and countersigned as aforesaid. Obligations Sec. 8. Repeals conflicting laws. Approved August 23, 1872. (No 246O. No. 392.) An act to incorporate the Walton Railroad Company, and for other purposes therein mentioned. Section 1. Be it enacted , That, from and after the passage of this act, W. S. R. Herdman, J. H. Camp, D. H. Walker, John Nunnally, J. P. Edwards, G. A. Nunnally, 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 Walton Railroad Company, and by and in that name may sue and be sued, implead and be impleaded, in any court of law or equity in this State, and may have and use a common seal, and may purchase, hold, lease and convey any property, real or mixed, necessary for the purposes herein named. Corporators Name. General powers. Sec. 2. Be it further enacted , That said company shall have authority and power to survey, lay out, construct and build a railroad from Monroe to Social Circle, and then to extend the same so as to connect with the Ocmulgee North Georgia Railroad, and the same to equip, use and enjoy, charging such an amount for freight and travel as may be deemed expedient; to open books and obtain subscriptions of stock, at the rate of one hundred dollars per share, at such times and places as may be thought proper, and by board of directors may make all such rules and regulations as may be necessary for the good of the corporation, and effecting the objects for which it is granted: Provided , That such rules and regulations be not repugnant to the Constitution and laws of the State of Georgia, and of the United States. Line of road Subscription books. Proviso. Sec. 3. Be it further enacted , That the capital stock of said company shall be seventy-five thousand dollars, which

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may be increased to one hundred and fifty thousand 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 any other railroad company, should such be deemed advisable by a majority of the stockholders of said company, upon such terms and conditions as shall be satisfactory to both. Capital stock. May consolidate. Sec. 4. Be it further enacted , That the officers of said company shall consist of a president and seven or more directors, to be chosen by the stockholders at such time as a majority of stockholders may direct; that a majority of said board of directors may 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. President and directors. Sec. 5. Be it further enacted , 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. Privileges. Sec. 6. Be it further enacted , That said company shall have power to receive land or other property in payment or part payment of subscriptions to its capital stock, at such valuation as may be agreed upon, or may be assessed by any 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 interests. Land may be received. Sec. 7. Be it further enacted , That in case of disagreement about the right-of-way, 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 shall proceed as if no disagreement; but the Sheriff of the county shall summon a jury of five freeholders, who shall assess the damage to be paid, after being sworn to take into consideration the enhanced value of said land in consequence of the building of said road, 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 in four days, which may be done by either party complying with the rules heretofore existing for appeals in the Superior Court; each party shall be entitled to ten days' notice of the time and place of hearing by the Sheriff. Right-of way. Sec. 8. Be it further enacted , That until a board of directors shall have been elected and installed into office, the corporators, or a majority of them, shall have all the power of the board of directors to be elected, and may do and perform every act that said board of directors might or could do when legally and regularly elected. Corporators may act as directors. Sec. 9. Be it further enacted , That said company shall have power and authority to unite or consolidate with any other company or corporation as may be deemed proper and expedient by a majority of the stockholders. May consolidate.

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Sec. 10. Be it further enacted , That said railroad company shall have authority and power to borrow money, and issue bonds for the payment of the same. May borrow money. Sec. 11. Repeals conflicting laws. Approved August 27, 1872. (No. 247O. No. 367.) An act to incorporate the West End Atlanta Street Railroad 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, Thomas Alexander, M. G. Dobbins, B. J. Wilson, P. H. Broomhead, A. K. Seago, J. M. Alexander, James Atkins, J. W. Goldsmith, John M. Harwell, J. Norcross, 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 West End Atlanta 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, or where their rights may come in question; may have and use a common seal, and the same to alter or destroy at pleasure, and purchase or accept, hold, enjoy or convey any property, real or personal, or mixed, that may be necessary for the purposes hereinafter set forth, or which may be acquired in progress of their business. Corporators Name. General powers. Sec. 2. And be it further enacted , That the capital of said company shall be one hundred thousand dollars, with the privilege of increasing it to three hundred thousand. Capital stock. Sec. 3. And be it further enacted , That said company shall be entitled to all the powers and privileges of the Atlanta Street Railroad Company, and subject to the same liabilities and restrictions. Privileges. Sec. 4. Repeals conflicting laws. Approved August 26, 1872.

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(No. 248O. No. 334.) An act to amend an act to incorporate the Wilmington Railroad Company. 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 section first of said act be amended as follows: the said railroad shall be called the Coast Line Railroad, and the following parties shall also be corporators, viz: William S. Lawton, Thomas Holcombe, John C. Taylor, Francis M. Threadcraft, Maxime J. Desvergers, Francis Grimball, Stephen S. Dupont, James Mannahan, Henry Mastick, Joseph Ruckert, Henry Ambrose, Jefferson Roberts, William E. Long, Alexander Doyle, Dennis Riordon, Moses [Illegible Text], Charles Van Horn and William Howe. Name. Corporators Sec. 2. Be it further enacted , That section second of said act be amended to read: And the said railroad shall pass conveniently near the Cathedral and Bona Venture Cemeteries, and may be extended therefrom to any other point or points on the coast of Chatham county. Amended. Sec. 3. Be it further enacted , That section third of said act be amended to read ten thousand dollars, in lieu of fifty thousand dollars. Sec. 4. Be it further enacted , That said act be amended thus: That so much of said railroad may be constructed and operated, from time to time, as may be deemed expedient: Provided , That the passage and freight rates be adjusted according to the distance run. Part of road operated. Approved August 26, 1872.

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DIVISION VII. TELEGRAPH COMPANIES. No. Act. 249. Atlantic Memphis Magnetic Telegraph Company. No. Act. 250. Telegraphic communication between Georgia and the Bahama and West India Islands. (No. 249O. No. 121.) An act to incorporate the Atlantic Memphis Magnetic Telegraph Company. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That John F. Troutman, J. H. Woodward, William H. Hall, Ezekiel Ezell, Joel R. Griffin, 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 Atlantic Memphis 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 may make all needful by-laws, regulations and contracts for the conduct and management of said business. Corporators Name. General powers. Sec. 2. Be it further enacted , That said company shall have the right to construct a telegraph line along the Atlantic, Fort Valley Memphis Railroad, and any or all of its branches, so far as they run in this State, for the purpose of the transmission of messages to and from any and all points along said railroad and its branches, and shall have the right to use said telegraph lines and 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. Route. Sec. 3. Be it further enacted , That, until said railroad is fully constructed, said Magnetic Telegraph Company shall have the right to construct and operate their machinery and wires along said proposed line of railroad, or any of its branches; they shall also have the right to charge for the transmission of messages over their lines such rates of compensation as they may determine, not to exceed the rates now charged by magnetic telegraph companies doing business in

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this State; that messages sent on public business by the executive officers of the State Government shall be transmitted free of charge. May operatewhen. Sec. 4. Be it further enacted , 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 ten thousand dollars shall have actually been paid in. Capital stock. Sec. 5. Be it further enacted , 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. President and directors. Sec. 6. Makes this act of force from its passage, and repeals conflicting laws. Approved August 23, 1872. (No. 250.O. No. 151.) An act to amend an act entitled an act to encourage telegraphic communication between the State of Georgia and the Bahama and West India Islands, approved December 18, 1866. Section 1. The General Assembly do enact , That the title of said act be amended by adding, after the words West India Islands, the words and Bermuda Islands. Amended. Sec. 2. That section first of said act be amended by adding, after the words West India Islands, in the last line of said section, the words and the Bermuda Islands, and that section second of said act be amended by adding therein, after the words West India Islands, the words and the Bermuda Islands. Approved August 23, 1872.

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DIVISION VIII. TRANSPORTATION COMPANIES. No. Act. 251. European and American Transportation Company. 252. Importing Exporting Company of Georgia. No. Act. 253. Ocean Steamship Company of Savannah. (No. 251O. No. 333.) An act to incorporate the European-American Transportation Company, between the ports of Georgia and the ports of foreign nations, for the development of direct trade, the encouragement of immigration, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That Archibald H. Cole, John Screven, George H. Hazlehurst, Julian Hartridge, Henry Bryan, William Grayson Mann, Edwin DeLeon, John McMahon, Nelson Tift, James Hunter, Henry R. DuBignon, Samuel L. M. Barlow, Thomas L. Snead, Eugene Kelley, and their associates, are hereby constituted a body corporate, by the name of the European-American Transportation Company. Corporators Name. Sec. 2. That the capital stock of said company shall be two millions of dollars, to be divided into shares of one hundred dollars each, and the said company are hereby empowered to increase their capital stock at any time, not to exceed five million dollars. Capital stock. Sec. 3. That books of subscription for the capital stock of said company may be opened under the supervision and direction of the above-named corporators, or any three of them, and persons not citizens of the United States may subscribe thereto, and such shareholders shall, in all matters pertaining to the rights, privileges and property of the said company, stand on an equal footing with citizens of the State of Georgia. Subscription books. Sec. 4. That when one hundred thousand dollars shall have been in good faith subscribed to the capital stock of said company, and ten per centum thereof shall have been paid in, the shareholders shall proceed to organize said company by the election of a board of directors, to consist of not less than seven shareholders, and who shall hold office for one year, and until their successors shall be duly elected and qualified.

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Each stockholder shall, at all elections, be entitled to one vote upon each share held by him, to be given in person or by proxy. Election. Sec. 5. That the board of directors of said company shall have power, from time to time, to make and establish such by-laws, rules and regulations as they shall judge proper for transacting, managing and directing the affairs of the corporation: Provided , That the same are not repugnant to the Constitution or laws of this State or the United States. By-laws, etc Sec. 6. That the said corporation shall have power to build, buy, hold, own, employ and charter sea-going vessels propelled by steam, or sail, or both, and to employ, run and maintain the same on such routes as they may elect, between the ports of Georgia and the ports of foreign nations, and to trade, traffic and barter, buy and sell merchandise, and in general to enjoy all commercial rights and privileges equally with citizens of this State, and to buy and sell, hold and enjoy such real and personal property as may be necessary for the proper exercise and enjoyment of the powers and privileges by this act conferred upon said company, or to promote the objects of its incorporation. General powers. Sec. 7. That the main office of the company shall be at Savannah, Georgia, with branch offices at such places as the board of directors may name. Principal office. Sec. 8. That no stockholder of said company shall be liable for its debts beyond the amount of his unpaid subscription to its stock, and any corporation in this State may subscribe to the stock of said company. Liability. Sec. 9. That subscriptions to the stock may be paid in ships, vessels or other property, at such valuation as the stockholders may put thereon. Subscriptions. Sec. 10. That this act shall continue in force twenty-five years from the date of its passage. Charter. Sec. 11. Repeals conflicting laws. Approved August 26, 1872. (No. 252O. No. 295.) An act to empower the Importing Exporting Company of Georgia to sue and be sued. Section 1. Be it enacted , That the Importing Exporting Company of Georgia, a body corporate, created by the Superior Court of Chatham county, be empowered to sue and be sued in any court of this State for any cause of action already accrued and not barred by the statutes of limitation, in such cases made and provided, or hereafter accruing. Right to sue, etc. Sec. 2. Repeals conflicting laws. Approved August 26, 1872.

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(No. 253O. No. 323.) An act to incorporate the Ocean Steamship Company of Savannah, and to authorize certain corporations to subscribe to its capital stock, and for other purposes thereis named. Section 1. Be it enacted by the General Assembly of the State of Georgia , That Andrew Low, John R. Wilder, John Cunningham, William M. Wadley, J. F. Gilmer, William R. Garrison, Wallace Cumming, William Hunter, and their associates, and all other persons who may hereafter become stockholders in said company, are hereby created a body corporate, by the name of the Ocean Steamship Company of Savannah, for the purpose of building, purchasing, equiping, fitting-out and owning ships or vessels to be propelled solely or partially by steam, and to be run and employed in navigation, and for the transportation of freight and passangers to and from the port of Savannah, in connection with New York or any other ports of the United States, or the West Indies or Europe, and all the powers, privileges and immunities necessary or beneficial to such a corporation are hereby granted and conferred upon the same, and especially the power to purchase and hold wharves, warehouses and real estate in the city of Savannah, and all other property which will tend to facilitate the accomplishment of the purposes for which said Ocean Steamship Company is created. Corporators Name. Powers and privileges. Sec. 2. Be it further enacted , That the capital stock of said corporation shall be five hundred thousand dollars, with the privilege to the directors of the same to increase said capital stock to two millions of dollars, or to any less sum, to be divided into shares of one hundred dollars each. Capital stock. Sec. 3. Be it further enacted , That so soon as the sum of five hundred thousand dollars, or any larger sum, shall be bona fide subscribed to the capital stock, the corporators herein named, or any three or more of them, shall give at least ten days' notice in one of the gazettes of Savannah of an election for five directors to manage the affairs of said company, who shall hold their offices for one year, or until their successors shall be elected, and said directors shall elect one of their number to be president, and the elections for president and directors shall thereafter take place annually at such times as may be established by the rules and by-laws of the company, which rules and by-laws the president and directors are hereby fully authorized to make. May commence businesswhen. Directors. President. Sec. 4. Be it further enacted, etc. , That the president and directors of said company shall have power to conduct and control all the business and affairs of the corporation, except as to matters otherwise expressly ordered by the stockholders, or a majority of them, in meeting assembled, to make all contracts

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and to appoint all officers and agents necessary, in their opinion, for conducting the business, and to confer on them, or any of them, any power or authority touching the business for which they may be employed that the president and directors themselves have; and the said president and directors shall have power to issue bonds to an extent not exceeding one-half the amount of the capital stock then actually paid in, and to mortgage or hypothecate any of the property of the company to secure said bonds. Powers of. Bonds. Sec. 5. Be it further enacted , That the mayor and aldermen of the city of Savannah, the Central Railroad Banking Company of Georgia, the Atlantic Gulf Railroad Company, and any and every chartered bank in the city of Savannah, are hereby fully authorized and empowered to subscribe to the capital stock of the Ocean Steamship Company of Savannah hereby incorporated. Banks may subscribe. Sec. 6. Repeals conflicting laws. Approved August 26, 1872. DIVISION IX. TURNPIKE AND CANAL COMPANIES. No. Act. 254. Habersham Union Turnpike Company. No. Act. 255. Savannah Ogeechee Canal Co. 256. Spanish Creek Canal Company. (No. 254O. No. 287.) An act to repeal an act entitled an act to incorporate the Habersham Union Turnpike Company, and to grant certain privileges to the same, and for other purposes therein mentioned, and to change the name of the same, approved September 16, 1870. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same , That the above recited amendatory act be, and the same is hereby, repealed. Act repeal'd Approved August 26, 1872.

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(No. 255O. No. 213.) An act to authorize the Savannah Ogeechee Canal Company to construct a canal connecting the waters of the Ogeechee and Canoochee rivers, and to increase their stock if necessary for that purpose. 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 said Savannah Ogeechee Canal Company be, and they are hereby, authorized and empowered to make, construct and forever maintain a canal or slack-water navigation of suitable width, depth and dimensions, to be determined by the board of directors of said corporation, from some point on the Ogeechee river, above the mouth of the canal, to such point on the Canoochee river, as may be determined on by the board of directors. May construct canalwhere. Sec. 2. And be it further enacted , That the board of directors of the said Savannah Ogeechee Canal Company be, and they are hereby, authorized, if it should be necessary to the construction of said canal, to issue stock, in shares of fifty dollars each, to the amount of twenty thousand dollars. Stock may be issued. Sec. 3. And be it further enacted , That the act entitled an act to incorporate the Savannah, Ogeechee Altamaha Canal Company, passed 26th day of December, 1826, and the act to alter and amend the said act, passed December, 1847, so far as not altered by this act, be held, deemed and taken as a part of this act. Original act. Sec. 4. Repeals conflicting laws. Approved August 24, 1872. (No. 256O. No. 217.) An act to incorporate the Spanish Creek Canal Company, in the county of Charlton; to define their rights, powers and liabilities, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That John M. Mattox, Robert Hatcher, Andrew G. Gowan, and such others as they may associate with them, be, and they are hereby, constituted a corporation, under the name and style of the Spanish Creek Canal Company; they may have and use a common seal, own, possess, buy and sell all property, real and personal, as other like corporations may do, and sue and be sued, plead and be impleaded

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in the courts; the said corporation shall have authority and power to convert into a canal the said creek, in the county of Charlton, known as Spanish Creekthat is, such part of said creek as lies between the public county bridge over the same and on a point on said creek fifteen miles, running with the course of the stream from said bridge up the creekto straighten, ditch out, and clear the creek and its windings at any and every point within said limits; when said creek shall thus have been converted into a canal, or cleared and straightened sufficiently for the purpose of floating timber down the same, within the limits aforesaid, it shall be the right of said corporation to charge and collect, in such manner as they themselves shall ordain, a sum not to exceed ten (10) cents for every five miles, or fractional part of five miles, upon every stick of timber put into said stream by any other person within the limits aforesaid, to be floated down said stream, and the payment of such fees may be exacted in advance. Corporators Name. General powers. Sec. 2. Be it further enacted , That said company shall not have the right to divert the stream from its natural channel, nor shall said company have the exclusive privilege of rafting on said stream, except by the consent, in writing, of all the land owners along said stream. Consent of land owners Sec. 3. Repeals conflicting laws. Approved August 24, 1872.

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TITLE II. COUNTIES AND COUNTY LINES. No. Act. 257. Applingcounty-site of. 258. Applingportion of cut off. 259. Baldwin and Wilkinsonline between changed. 260. Bibbboard of education for established. 261. Bibb and Houstonroad laws amended. 262. BrooksCounty Judge may issue bonds. 263. Bryanschool fund of. 264. Bullochcommissioners of roads, etc., for. 265. Burkefences and crops in. 266. Buttsbonds to build court-house. 267. ButtsCounty Court act repealed. 268. Calhounordained and licensed ministers of. 269. Calhounissue of bonds, etc. 270. Campbellpart of added to Fulton. 271. Charlton, Camden and Bullochjury certificates, etc. 272. Charltoncommissioners of roads, etc., for. 273. Chathamuse of seins in part of prohibited. 274. ChathamCity Court of Savannah. 275. Chattahoochee and Marionline between changed. 276. Chattooga and quitmanCriminal Courts for. 277. Cherokeetax to build a schoolhouse. 278. Clarkedisposition of certain school funds. 279. Clay and Calhounline between changed. 280. Clayton and Millerfarming out of convicts. 281. Clinch and Coffeeline between changed. 282. Cobbbonds of exempt from taxation. 283. Coffee and Wareline between changed. 284. Columbia and McDuffieline between changed. 285. Coweta county fee to Hugh Buchanan, et al . No. Act. 286. Cowetacommissioners of roads and revenue for. 287. Coweta and Campbellline between changed. 288. Decaturbonds, issue of, etc. 289. Dodge and Telfairline between changed. 290. Dougherty countyextraordinary tax, etc. 291. Dougherty and LeeCourts established for. 292. Effinghamcounty-site of. 293. Effinghamliquor licenses. 294. Fannin, Gilmer, Pickens, Union, Towns and Rabunsection 639 of Code repealed as to. 295. Fayettecommissioners of roads, etc., for. 296. Forsythcommissioners of roads and revenue for. 297. GilmerTax Collector and Receiver. 298. Glynncounty indebtedness. 299. Gwinnettpay of jurors in. 300. Gwinnett road commissioners, etc., for. 301. Habersham, Lowndes and Doughertycommissioners of roads, etc., for. 302. Habersham and Millerditching and draining lands in. 303. Haralsonboard of education, etc. 304. Heard and Doughertybonds of certain county officers. 305. Heard purchase of Franklin bridge. 306. Heardcounty commissioners for 307. Houstonroad laws of. 308. Houstonbonds authorized to be issued. 309. Irwin and Wilcoxline between changed. 310. Jones and Jaspercertain offices consolidated. 311. Laurenskilling of deer in. 312. Lee and Terrell line between changed. 313. Libertyboard of commissioners. 314. Libertycounty commissioners. 315. Lowndesbonds to build courthouse.

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No. Act. 316. Lumpkin, White and Dawsonroad laws of. 317. Maconcommissioners of roads, etc. 318. Macon and Schleyline between changed. 319. Madisoncommissioners of roads and revenue. 320. Madison and Baldwin fees of county officers. 321. Madisonschool claims in. 322. Madison and Greeneinsolvent costs. 323. Madison and Jackson line between changed. 324. Marioncommissioners of roads and revenue. 325. Marionpay of jurors in. 326. McDuffie-consolidation of county offices. 327. McDuffie Ordinary may issue bonds, etc. 328. McIntoshhabeas corpus cases in 329. Miltonroad laws amended. 330. Monroecounty commissioners. 331. MuscogeeCounty Court organized for. 332. Muscogeejuries and jury-boxes. 333. Muscogee road commissioners of, etc. 334. Oglethorpe commissioners of roads, etc. 335. Pickensbonds of certain count officers. 336. Pikepay of jurors in. 337. Pike and Monroeline between changed. 338. Richmond tax for educational purposes. 339. Richmondpublic instruction in. No. Act. 340. ScrevenCounty Court act repealed as to. 341. Screvencounty commissioners. 342. ScrevenCriminal Court organized for. 343. Spaldinginsolvent costs. 344. Stewart county indebtedness, payment of. 345. Talbotpublic roads. 346. Talbot, Marion and Taylordeer, protection of. 347. Taylor and Talbotline between. 348. Telfairbonds to aid in building court-house. 349. Terrell and Websterline between changed. 350. Trouproad commissioners exempt from jury duty. 351. Troup Criminal Court organized for. 352. Troup and Doughertycost due to officers of court. 353. TwiggsOrdinary may borrow money. 354. Twiggslevy of extra tax authorized. 355. Upsonpublic works, etc. 356. Walkerdrawing of jurors in. 357. Ware and McDuffecommissioners of roads, etc. 358. Washingtoninsolvent costs. 359. WashingtonCounty Court act. 360. Wayneconsolidation of county offices. 361. Webstercommissioners of roads, etc. 362. Whitfield, Murray and Hall commissioners of roads, etc. 363. Wilkes and Taliaferroline between changed. 364. Worthrevisers of jury-boxes. (No. 257O. No. 173.) An act to submit the question of the removal of the court-house of the county of Appling to the legally qualified voters of said county; to provide for the building of public buildings, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That an election shall be held in said county, at the various precincts now established by law, on Tursday, the 12th day of September next, at which said election the legally qualified voters of said

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country shall fix, by ballot, whether or not said county-site shall be moved. Election. Sec. 2. Be it further enacted , That each voter at said election shall vote removal or no removal. Votes. Sec. 3. Be it further enacted , That, in the event that a majority of said voters shall vote for a removal, Seaborn Hall, Gideon H. Holton, Allen P. Surrency, Isham Readish and James Smith be, and they are hereby, appointed a board of commissioners to select the locality for said new countysite, and suitable grounds for the erection of the public buildings for said county, and negotiate for and secure proper titles to the same, and recommend to the grand jury of said county the assessment of such tax as they may deem sufficient for the erection of said public buildings; to contract for the building of the same, under such specifications as to them shall seem meet, and to do all other acts that may be necessary to insure the construction of suitable public buildings for said county at the smallest cost to the citizens thereof. New site. Public buildings. Sec. 4. Be it further enacted , That it shall be the duty of said commissioners, upon ascertaining that a majority of the voters of said county, at said election, desire the removal of said court-house, to enter immediately upon the aforesaid business of securing suitable ground and erecting the necessary public buildings. Work on public buildings. Sec. 5. And be it further enacted , That so soon as said commissioners shall notify the Ordinary of said county that the public buildings at said new county-site are received by them as finished, he shall forthwith notify all of the public officers of said county, whose offices are now by law required to be kept at the court-house, that said removal is accomplished, and that thenceforth their offices will be kept at said new county-site. Officers to remove. Sec. 6. And be it further enacted , That a majority of said commissioners shall constitute a quorum for the transaction of all or any of the aforesaid business, and their acts shall be as legal and binding as if a full board had concurred therein. Quorum. Sec. 7. And be it further enacted , That a majority of said commissioners shall have power to fill any vacancies that may occur in said board, from refusal to act, resignation, death or otherwise. Vacancies. Sec. 8. Repeals conflicting laws. Approved August 23, 1872.

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(No. 258O. No. 405.) An act to attach a portion of the county of Appling to the county of Wayne, according to lines hereinafter specified. Whereas, The citizens of Appling county are seriously incumbered by reason of the difficulty experienced in going to and from their court-house, as set forth in the accompanying memorial: therefore Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, that portion of Appling county commencing at the mouth of Five-mile creek, and along that creek to the northwest corner of lot three hundred and ninety, (390) in the third district of said county, and thence down the column line in a southern direction to the Pierce county line at the southwest corner of lot No. two hundred and forty-three, (243) in the fourth district of Appling county, and thence along the line of Pierce county to the Wayne county line, be, and the same is hereby, attached to Wayne county. Part of attached to Wayne. Sec. 2. Repeals conflicting laws. Approved August 27, 1872. (No. 259O. No. 83.) An act to change the line between the counties of Baldwin and Wilkinson; to add a portion of the county of Wilkinson to the county of Baldwin, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and immediately after the passage of this act, the line between the counties of Wilkinson and Baldwin shall be so changed as to run as follows, viz: commencing where the line between said counties touches the corner of land lots numbers 236 and 237, and to run in a south-easterly direction along the easterly line of lots numbers 236, 235 and 234, until it strikes Little Black creek; thence running up said Little Black creek in its course through land lots numbers 234, 228, 227 and 226, until it strikes the southern boundary line of Baldwin county, so as to include land lots numbers 235 and 236, and parts of land lots numbers 234, 228, 227, 226 and 237, now in the county of Wilkinson, in the county of Baldwin. Line changed. Sec. 2. Repeals conflicting laws. Approved August 23, 1872.

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(No. 260O. No. 125.) An act to establish a permanent Board of Education and Orphanage for the county of Bibb, and to incorporate the same; to define its duties and powers, and for other purposes. Section 1. The General Assembly do enact , That, from and after the passage of this act, there shall be established in and for the county of Bibb a permanent board of education and orphanage, to be styled the Board of Public Education and Orphanage, for Bibb county, which shall be charged with the direction and control of the education of white and colored children in said county, between the ages of six and eighteen years, and with the maintenance and education of white and colored orphans in said county, under the age of sixteen years, and which shall be entirely distinct from and independent of the Georgia State Board of Education: Provided , That said board of education and orphanage shall furnish to the State School Commissioner all statistics and information relative to the schools and children of said county, which may be required of them by said commissioner. Name. Duties of board. Proviso. Sec. 2. Be it further enacted, etc. , That the following named citizens of Bibb county, to-wit: L. N. Whittle, W. D. Williams, Virgil Powers, Joseph Clisby, Thomas C. Dempsey, John J. Gresham, R. W. Cubbedge, James T. Nisbet, Emory Winship, Samuel Chambliss, J. W. Stubbs and J. W. Burke, together with the mayor of the city of Macon, the Ordinary of said county of Bibb, and the Judge of the Superior Court in and for said county, when said Judge shall be a citizen of said county, shall constitute said board, and under the name and style aforesaid shall be, and they are hereby, created a body politic and corporate, with perpetual succession of members for the purposes aforesaid, and, as such, shall have full power and authority to establish, and from time to time to modify a system of education for white and colored children between the ages of six and eighteen years, in the county of Bibb, and to carry out and superintend the same; to organize homes for the destitute orphans of said county under the age of sixteen years, and to provide for the education and maintenance of said orphans; to select, appoint and suspend and remove a superintendent, teachers, matrons and all other employees under said system; to provide school-houses and orphan homes; to make by-laws for their own government, and rules and regulations for the government of superintendent, and of the teachers, matrons, school and orphan homes under their control; to establish schools in their discretion, and to prescribe the studies to be pursued in the same: Provided, however , That they shall not introduce into any school established by them any books of a sectarian character, or

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exclude the Bible from any of said schools: And provided further , That said schools shall be so established as to extend impartially the benefits of the same to white and colored children, and to the different sections of said county of Bibb, due regard being had to differences in population; to fill vacancies in the said board in whatever manner caused; to purchase, take, acquire, receive, hold and enjoy, for the purposes aforesaid, moneys and real and personal estate by bargain and sale, gift, grant, contract, devise or bequest; to sue and be sued by the name and style aforesaid, and to have and use a common seal, and generally shall be clothed with all the rights, powers and privileges incident to corporations, and necessary or convenient for carrying out the purposes of their creation. Who shall constitute board. General powers. Sec. 3. Be it further enacted , That the said board shall be entitled to, and shall receive for the purposes aforesaid from the State School Commissioner, the pro rata share of Bibb county, of all taxes now paid to the State, and specially set a part for educational purposes, and all appropriations for said purposes; and from the Treasurer of the State of Georgia the pro rata share of said county of all endowments, devises, gifts and bequests made, or hereafter to be made, to the State or State Board of Education, and of any and all educational incomes and funds not belonging to and due to the State University, now in the treasury of the State, and of one-half of the net earnings of the Western Atlantic Railroad now in the treasury of the State, or hereafter to be depositedsaid pro rata share to be determined by the ratio which the number of children, white and colored, in said county, between the ages of six and eighteen, bears to the number of white and colored children in the State between the ages of six and eighteen; and said board shall further have the power to assess such tax upon the taxable property of said county of Bibb as they may think necessary to support the system of schools and orphan homes which they may establish, which tax, when approved by the grand jury at the spring term of the Superior Court of Bibb county, shall be levied by the Ordinary of said county, and collected like other taxes of said county. School fund Additional tax. Sec. 4. Be it further enacted, etc. , That the said board shall have power to acquire, and merge or connect with the schools and orphan homes to be established by them, the Bibb County Orphan Home, the Macon Free School and the Alexander Free School, with the properties, rights and franchises respectively appertaining and belonging to each of said institutions: Provided, however , That the name of the Alexander Free School shall always be preserved for that institution, and also the right of presentation in Mercer University, now enjoyed by the city council of Macon. Connect with other schools. Proviso. Sec. 5. Be it further enacted, etc. , That the said board shall establish distinct and separate schools and orphan homes

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for white and colored children, and shall not, in any event, place children of different colors in the same school or orphan home. District schools. Sec. 6. Be it further enacted, etc. , That the act entitled an act to establish a system of public instruction, approved October 13, 1870, and the act amendatory thereof, be, and the same is hereby, repealed, so far as the same applies to the county of Bibb: Provided , That nothing herein contained shall be so construed as to deprive the county of Bibb of the right to receive the same quota of any educational fund to which said county would be entitled if this act were not enacted. Act repeal'd Proviso. Sec. 7. Repeals conflicting laws. Approved August 23, 1872. (No. 261O. No. 122.) An act to alter and amend the road laws of this State, so far as relates to the counties of Bibb and Houston, and to authorize and require the Ordinaries of said counties to levy and collect a tax for road purposes, approved December 12, 1871. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That the above-recited act be amended by striking from it the county of Houston, wherever it occurs, and in lieu of said act, all laws and parts of laws, in force before the passage of said act, providing for the working of the public roads in this State, have full force and effect over the citizens of said county. General road law to apply. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 262O. No. 288.) An act to authorize the County Judge of Brooks county to issue county bonds, in a sum not to exceed $6,000, for the purpose of paying the outstanding indebtedness of the county. Whereas, A considerable debt has accumulated upon the county of Brooks, in the shape of jail fees and in the construction of works of public utility and necessity; and whereas,

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the creditors of the county are greatly in need of their money; and whereas, to increase the county tax this ensuing fall so as to extinguish the county debt would be onerous on the people: therefore Preamble. 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, from and after the passage of this act, the Judge of the County Court of Brooks county is hereby authorized and empowered to issue and negotiate county bonds, to an amount not to exceed six thousand dollarsthree thousand dollars redeemable on the 25th day of December, 1873, and three thousand dollars redeemable on the 25th day of December, 1874, and to draw interest at the rate not to exceed ten per cent. per annum. Bonds. Sec. 2. Be it further enacted by the authority aforesaid , That said bonds may be issued in such amounts as the Judge of the County Court, as aforesaid, may think most advantageous for the county, and the same are hereby declared to be exempt from county and municipal tax. In what amounts. Sec. 3. Be it further enacted by the authority aforesaid , That the Treasurer of said county, under the supervision of the County Judge aforesaid, shall redeem the bonds aforesaid, with the interest due thereon, at the maturity of the same, with the first money that comes into his hands as County Treasurer, from the tax assessed for county purposes in the fall of 1873 and 1874; and the County Judge, aforesaid, is hereby authorized and empowered, and especially required, to make an adequate and sufficient assessment, as to per cent. on the State tax, so as not to exceed more than the ten per cent. now authorized by law, in the years 1873 and 1874, so as to enable the County Treasurer to redeem said bonds, principal and interest. Treasurer to redeem. Tax. Sec. 4. Be it further enacted by the authority aforesaid , That said bonds shall be signed by the County Treasurer, and countersigned by the County Judge, each in his official capacity, and the faith and credit of said county of Brooks is hereby pledged for the payment of said bonds. Signedhow. Sec. 5. Repeals conflicting laws. Approved August 26, 1872.

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(No. 263O. No. 75.) An act to provide for the investment of certain school funds belonging to the county of Bryan, in this State, and for other purposes. Whereas, The county of Bryan, in this State, is owner of one thousand dollars specially devoted and set apart for school purposes; and whereas, said fund is now loaned out at seven per cent. per annum; and whereas, the grand jury of said county of Bryan, at the November term 1871, of the Superior Court, recommended that said county borrow said one thousand dollars, or so much thereof as may be necessary to complete the bridge across the Canoochee river, said bridge leading from Bryan court-house to Way's station, Atlantic Gulf Railroad Preamble. Section 1. Be it therefore enacted by the General Assembly of the State of Georgia , That the Ordinary of Bryan county be, and he is hereby, authorized to issue bonds of the county of Bryan, in sums not less than one hundred dollars each, to be signed by the said Ordinary, and countersigned by the Clerk of the Superior Court, and sealed with the official seal of each; said bonds to bear an interest not exceeding ten per cent. per annum, and payable annually; said interest money to be provided for by a special tax to be levied by the order of the Ordinary, and to be collected as other taxes are; said interest to be devoted exclusively to educational purposes, and to be under the same control and disposition as other school funds of the county; said bonds shall have five years to run, and when signed and sealed, as provided in this act, to be delivered to the County Treasurer, who is hereby authorized to deliver to the Ordinary the one thousand dollars of said school fund, and said Ordinary shall proceed at once to have the bridge above mentioned completed as contemplated by this act. Bonds. To be delivered to Treasurer. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 264O. No. 232.) An act to create a board of commissioners of roads and revenue, in the county of Bulloch. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, there shall be established in the county of Bulloch, in this

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State, a board of commissioners of roads and revenue, to consist of five persons, to be elected by the voters of the county, and commissioned by the Governor; the first election to take place at the time of the general election, as is or may be provided by law, then at the regular election every fourth year; vacancies to be filled by remaining commissioners; said commissioners to be exempt from militia, road and jury duty. Election. Vacancies. Sec. 2. That the persons chosen to fill the vacancies are commissioned for the unexpired term of the outgoing commissioners; no person is eligible under this act, unless he has been a resident citizen in the county at least one year next preceding his qualification; before entering upon the duties of his office, he shall take an oath that he will duly and faithfully perform the duties of his office. Who eligible. Sec. 3. That it shall require three of said commissioners to form a quorum, and they must concur to pass any order or decree. Quorum. Sec. 4. That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject matters, to-wit: 1. Governing and controlling all property of the county, as they may deem expedient, according to law. 2. 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. 3. In establishing, altering and abolishing all roads, bridges and ferries in conformity to law. 4. In establishing and changing election and militia districts. 5. In examining, settling and allowing all claims against the county. 6. 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 bringing them to a settlement. 7. In making such rules and regulations for the support of the poor of the county, for the promotion of health, as is granted by law, or not inconsistent therewith, and in regulating peddling, and fixing costs of license therefor. Jurisdiction Sec. 5. That said board of commissioners shall have the same powers in appointing road commissioners, and enforcing road laws, as Justices of the Inferior Court had by the Code of this State prior to the ratification of the late State Constitution. They shall have jurisdiction of such duties as the Ordinary now has and performs, which were transferred to him by the Constitution and acts abolishing Inferior Courts, and each of said commissioners shall perform the same duties as it was competent for the individual members of the Inferior Court to perform at the time the said court was abolished. Appointments. Sec. 6. That the said board of commissioners shall hold their sessions, the first Tuesday in each month, at the courthouse of the county. Sessions. Sec. 7. That the Clerk of the Superior Court shall be clerk of said board, and his duties shall be defined by it, with such

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compensation, to be paid out of the county treasury, as said board may see fit to give him, said compensation, however, not to exceed twenty dollars per annum. Clerk. Sec. 8. Repeals conflicting laws. Approved August 24, 1872. (No. 265O. No. 407.) An act relating to fences, and for the protection of crops, in the county of Burke. Section 1. Be it enacted by the General Assembly , That, in the county of Burke, after the adoption of the provisions of this act, in the manner hereinafter specified, the boundary lines of each tract or lot of land in said county shall be, and they are hereby, declared a legal fence. Legal fence. Sec. 2. That it shall not be lawful for the owner or manager of any horse, mule, swine, sheep, goat, or neat cattle of any description, to permit the said animals to run at large beyond the limits of their own lands. Stock not to run at large. Sec. 3. That if any of the animals enumerated in the foregoing section shall hereafter be found going at large, or upon lands of any person other than the owners, the owner or manager of said animals shall be liable for all damage done by said animals to the owner of the crops, or lands upon which they may trespass. Owners liable. Sec. 4. That in case of trespass, as aforesaid, the aggrieved party may make complaint to a Justice of the county of Burke, who shall issue his summons immediately, returnable within five days from the date thereof, and the Constable serving the summons shall immediately seize and impound the said trespassing animals to abide the judgment on the summons, and at the time and place named in said summons, the case shall be tried, and the amount of damages sustained by complainant, and judgment given for the same, with legal costs, as in case of other summons, and upon repetition of the offense, and for every succeeding one, judgment shall be given for double the amount of damages sustained by the complaint, and when it is for more than fifty dollars, the defendant shall be entitled to enter an appeal, as in other cases, to the Superior Court. A lien upon the trespassing animal for the payment of the damages, with costs thus ascertained, shall supersede all other liens, except when this State, or the United States, has a previous claim for public dues on said animals. Damages. Sec. 5. That the provisions of this act shall go into effect if a majority of the voters of said county shall so determine at a special election, to be held on the first Tuesday in January,

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1873, those in favor of the abolition of the present fence system indorsing on their ballots, no fence, those in favor of continuing the present system, fence. When the election returns are made, if it be found that a majority of the citizens of said county are in favor of abolishing the present fence system, the Governor shall declare, by proclamation, the provisions of this act in force: Provided , That should the provisions of this act become a law, as hereinbefore provided for, none of its provisions shall be construed to affect the stock of the people of Jefferson, Screven and adjoining counties that may cross the line and go into said county of Burke. Submitted to people. Sec. 6. Repeals conflicting laws. Approved August 27, 1872. (No. 266O. No. 82.) An act to authorize the Ordinary of Butts county to issue bonds to raise money to build a court-house . 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 the Ordinary of Butts county be, and he is hereby, authorized and empowered, for the purpose of building a court-house in said county, to issue and sell or negotiate bonds of said county, to the amount of five thousand dollars, 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 interest not exceeding ten per cent. interest, to be paid annually or semiannually, as said Ordinary may deem best: Provided , That none of said bonds shall run longer than ten years, and the faith and credit of said county of Butts is hereby pledged for the payment of said bonds. Bonds. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 267O. No. 166.) An act to repeal an act entitled an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so far as the said act is applicable to the county of Butts. Section 1. The General Assembly do enact , That, from and after the passage of this act, an act entitled an act to

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create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so far as said act is applicable and of force in the county of Butts, be, and the same is hereby, repealed. Act repeal'd Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 268O. No. 162.) An act to exempt from road duty only such ordained and licensed ministers of the gospel as are regular pastors of churches. Whereas, A considerable number of persons have had themselves ordained as ministers of the gospel, in the county of Calhoun, ostensibly for the purpose of being exempt from road duty, thereby greatly reducing the working force upon the roads in said county: therefore Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, no minister of the gospel, in the county of Calhoun, shall be exempt from working the roads in said county, except the regular pastor of a church, and only one for each church, to be selected by the members of said church, and such selection made known by said church to the road commissioners of the district embracing said church. Who are exempt. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 269O. No. 94.) An act to authorize the Ordinary of Calhoun county to issue bonds to raise money to repair and build bridges in said county of Calhoun. Whereas, There are several crossings in said county that require bridging, and other bridges that are much in need of repair; and whereas, the current expenses of said county for the year 1871 have been so heavy that it would be onerous upon the people of said county if a sufficient tax was levied to pay for the repairing and building of the same: therefore Preamble.

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Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That the Ordinary of Calhoun county is hereby authorized, for the purpose of raising money to repair and build bridges in and for said county of Calhoun, to issue and sell bonds of said county of Calhoun, to the amount of five thousand dollars, to be signed by said Ordinary, and countersigned by the Treasurer of said county, and to bear such rate of interest as said Ordinary may deem best, not to exceed ten per cent. per annum: Provided , That said bonds shall not run longer than five years, and the faith and credit of said county of Calhoun is hereby pledged for the payment of said bonds. Bonds. How signed Sec. 2. Be it further enacted , That said bonds shall be redeemable in one, two, three, four and five years, one-fifth of the original sum at the expiration of each year. How redeemable. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 270O. No. 224.) An act to add a part of Campbell county to the county of Fulton. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the lands belonging to Mrs. Cynthia Green and A. H. Howell, being Nos. 56, 57, 58, 84, 85 and 55, in the fourteenth district, originally Fayette, now Campbell county, be, and the same are hereby, added to the county of Fulton. Added to. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 271O. No. 117.) An act to require the Tax Collectors of Charlton, Camden and Bulloch counties to receive jury certificates for county taxes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, it shall be the duty of the Tax Collectors of Charlton, Camden and Bulloch counties to receive jury certificates, when properly

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authenticated, as far as they will go, towards paying the county tax of the person holding the same for all taxes due said counties of Charlton, Camden and Bulloch. Jury certificates receivable for taxes. Approved August 23, 1872. (No. 272O. No. 193.) An act to create a board of commissioners of roads and revenue for the county of Charlton. 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, 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 shall be commissioned by the Governor, and take the same oath as other county officers, and shall hold their office for the same time as the Ordinary of Charlton county. Commissioners. Sec. 2. Be it further enacted , That the commissioners so elected shall be the legal advisers of the Ordinary, in all matters relating to the levying of taxes for all county purposes, and assessment for public roads, public bridges and all county matters generally, and a majority shall determine all questions. Legal advisers. Sec. 3. That said commissioners shall be exempt from jury duty, road and military duties for the time they serve, and shall not be entitled to any other compensation. Exemption. Sec. 4. Repeals conflicting laws. Approved August 24, 1872. (No. 273O. No. 133.) An act to prohibit the catching of fish in seins in certain parts of Chatham county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, it shall be unlawful for any person or persons to draw a sein for the purpose of taking fish, or to catch fish by seining in the Skidaway river, within one mile from the Isle of Hope, in Chatham county, or in the river upon which the village of Montgomery is situated, within one mile of that village.

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Sec. 2. That any person or persons violating this act shall be subject to indictment, and, upon conviction thereof, shall be fined in a sum of not more than one thousand dollars, or be imprisoned in the common jail of Chatham county for a period of not more than six months. Penalty. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 274O. No. 146.) An act to require the Ordinary of Chatham county to provide a room for the holding of the sessions of the City Court of Savannah, and other convenient rooms or offices for the business of said court, in the court-house in Savannah, free of expense to the city of Savannah. Section 1. The General Assembly of Georgia do enact , That, from and immediately after the passage of this act, it shall be the duty of the Ordinary of Chatham county to provide, free from expense to the city of Savannah, a room in the court-house, in said city, for the holding of the sessions of the City Court of Savannah; also, an office for the clerk and one for the sheriff of said court, and jury-rooms for said court, all in the said court-house. Room for City Court. Sec. 2. Declares that this act shall take effect immediately after its passage, and repeals conflicting laws. Approved August 23, 1872. (No. 275O. No. 97.) An act to change the line between Chattahoochee and Marion counties. Section 1. Be it enacted by the General Assembly , That the line between Chattahoochee and Marion counties be, and the same is hereby, so changed as to take from Marion county, and add to Chattahoochee county, lot of land known as lot No 141 in the fifth district of originally Muscogee, now Marion county. Line changed. Sec. 2. Repeals conflicting laws. Approved August 23, 1872.

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(No. 276O. No. 60.) An act to revive and declare of full force and effect an act entitled an act to organize a criminal court for each county in this State, assented to October 7, 1868, and the several acts amendatory thereof, so far as relates to the counties of Chattooga and Quitman, until a County or District Court shall be organized in said counties according to law, and to legalize certain proceedings thereunder. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of this act, an act entitled an act to organize a criminal court for each county in this State, assented to October 7, 1868, and the several acts amendatory thereof, be, and the same are hereby, revived and declared of full force and effect in the counties of Chattooga and Quitman until a County or District Court shall be organized in said counties according to law. Act revived. Sec. 2. Be it further enacted , That whereas, under a misunderstanding of the effect of the repealing act of October 26, 1870, certain proceedings were had and penalties inflicted in the counties of Chattooga and Quitman by the officers of said criminal court, after the passage of said repealing act, it is therefore hereby enacted, that all such proceedings be, and they are hereby, legalized and made valid so far as to authorize the parties against whom said proceedings were instituted to plead the same in bar of other or further prosecution for the same act. Certain proceedings legalized. Sec. 3. Repeals conflicting laws. Approved August 22, 1872. (No. 277O. No. 239.) An act to authorize the Tax Collector of the county of Cherokee to collect a tax in the sixes school district, in said county, to pay for the building of a school-house in said district, and for other purposes. Whereas, The school commissioners for the sixes school district, in the county of Cherokee, in the year 1871, levied a tax, under the school act passed in 1870, for the purpose of building a school-house in said school district, and employed Samuel U. McConnell to build said house, which he did agreeably to the contract made with said commissioners and whereas, a portion of said tax has been collected, and is in the hands of the Tax Collector of said county, and a part of

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said tax has not been collected, and a part of the tax-payers of said district have paid more than they were due for the purpose aforesaid; and whereas, there are no school commissioners in said district, and no one authorized to settle with said Tax Collector, or with the said McConnell: therefore Preamble. Section 1. Be it enacted by the Senate and House of Representatives , That it shall be the duty of the Tax Collector of the county of Cherokee to collect the balance of such tax as was legally assessed upon the property of the sixes school district, in the county of Cherokee, by the school commissioners of said district, in the year 1871, for the purpose of building a school-house therein, and to pay the same over to the Clerk of the Superior Court of said county; and it shall be the duty of the said Clerk to make a settlement with the said McConnell, the builder of said school-house, and to refund to the persons who have paid over the amount they were due, such amounts as may be found to be due them on a full and fair settlement. May collect tax. Disposition of. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 278.O. No. 298.) An act to dispose of certain educational funds. Whereas, There is an acknowledged balance of eleven hundred and thirty-two dollars and seventeen cents of educational funds raised by taxation in Clarke county, now in the hands of Asa M. Johnson, late treasurer of the late board of education of said county, under the school system of this State of force prior and up to the passage of the act entitled an act to establish a system of public instruction, approved July 28, 1870; and whereas, there is no provision of law disposing of said funds Preamble. Section. 1. Be it enacted , That said Asa M. Jackson be, and he is hereby, authorized and required to pay said balance of eleven hundred and thirty-two dollars and seventeen cents, less his commissions of two and a half per cent. thereon for paying same over to the county school commissioner of said county, to be used in paying teachers of common schools in said county in the year 1871, or to be appropriated to other lawful educational purposes in and for said county, as the board of education of said county may order and direct. School fund Sec. 2. Repeals conflicting laws. Approved August 26, 1872.

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(No. 279O. No. 101.) An act to change the line between the counties of Clay and Calhoun. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the line between the counties of Clay and Calhoun be so changed as to include within the limits of Clay county the homesteads of Moses Fain and Ebenezer Fain. Line changed. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 280O. No. 63.) An act to allow the Ordinaries of Clayton and Miller counties to farm out prisoners convicted of misdemeanors to other counties having and working a chain-gang, or work-gang, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the Ordinaries of Clayton and Miller counties, Georgia, be, and they are hereby, authorized to transfer to any of the adjoining counties' work-gangs, all criminals convicted of misdemeanors or other offenses against the laws which is not punishable by imprisonment in the penitentiary, upon such terms as may be agreed upon between him and the Ordinary of the county to which they are sent. Farm out convicts. Sec. 2. Repeals conflicting laws. Approved August 22, 1872. (No. 281O. No. 140.) An act to change the line between the counties of Clinch and Coffee, so as to include the residence and lands of John Hill in Coffee county. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the county line between Clinch and Coffee counties be so changed as to take from the county of Clinch the residence and lands of John Hill, and add the same to the county of Coffee. Line changed. Sec. 2. Repeals conflicting laws. Approved August 23, 1872.

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(No. 282O. No. 380.) An act to exempt the bonds heretofore and hereafter issued by the Ordinary of Cobb county, for the purpose of building a court-house in and for said county, issued by virtue of an act approved December , 1871, from county taxation. Section 1. The General Assembly do enact , That, from and after the passage of this act, the bonds of the county of Cobb, heretofore and hereafter issued by the Ordinary of said county, for the purpose of building and furnishing a court-house in and for said county, by virtue of an act to authorize the issuance of said bonds, for the purposes aforesaid, assented to December , 1871, be, and the same are hereby, exempt from county and municipal taxation. Bonds exempt. Sec. 2. Repeals conflicting laws. Approved August 27, 1872. (No. 283O. No. 205.) An act to change the lines between the counties of Coffee and Ware, so as to include lots of land Nos. 53, 54, 85 and 86, in the seventh district of the county of Coffee, in the said county of Ware. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the line between the counties of Coffee and Ware be changed so as to include within the county of Ware lots of land Nos. 53, 54, 85 and 86, now in the seventh district of the said county of Coffee. Line changek. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 284O. No. 119.) An act to change the line between the counties of Columbia and McDuffie. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the line between the counties of Columbia and McDuffie be changed as follows, to-wit: commencing at the northwest boundary of S. W. Bailey's land,

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where the same crosses the present county line, and running a westerly course with S. W. Bailey's land-line to the Appling road, by way of White Oak; thence easterly with said road to the ford on Big Hiokee creek; thence along the [Illegible Text] Dust road, to a point on said road, where a due-west line from the residence of Jacob Anderson shall intersect the same; thence a right line to the Georgia Railroad, so as to include the residence of John Smith, in the county of Columbia, thence easterly with the said Georgia Railroad to the present county line. Line changed. Sec. 2. Be it further enacted , That the line from Cobham to the Georgia Railroad, near Saw Dust, be so changed that the line shall commence at the cross, formed by the Washington and Augusta roads, and the Thomson and Cobham road, in front of the residence of Dr. Wm. A. Martin's residence, instead of the rear, as now, and run along the present line to a point on said line as near the residence on Bugg place as will leave the said residence in Columbia county; thence a direct line to a point north of H. W. Young's residence, leaving said residence in McDuffie county; thence along the road to Appling road, and along said road (by way of White Oak church to Thomson) to a point where it intersects the present county line. Sec. 3. Be it further enacted , That the territory lying between this and the original line, named in section one of this bill, be, and the same is hereby, added to the county of Columbia, and that lying between the new and original lines, mentioned in the second section of this bill, be, and the same is hereby, added to the county of McDuffie. Sec. 4. Repeals conflicting laws. Approved August 23, 1872. (No. 285O. No. 183.) An act to authorize and require the County Treasurer of Coweta county to pay five hundred dollars to Hugh Buchanan, and others, attorneys at law, herein named. Whereas, John B. Wilcoxon, and other tax-payers of the county of Coweta, filed their bill in the Superior Court of said county, against the Ordinary and County Treasurer of said county, seeking to enjoin them from paying certain bonds issued by said Ordinary out of the county funds; and whereas, the grand jury of said county, impaneled at the March term, 1872, of said court, recommended that application should be made to the General Assembly of this State for the passage

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of an act authorizing and requiring the said Treasurer to pay to the attorneys filing said bill the sum of five hundred dollars for their services in said case Preamble. 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 passage of this act, the County Treasurer of said county is hereby authorized and required to pay to Hugh Buchanan, and other attorneys, employed by complainants to file said bill, the sum of five hundred dollars for their services in said case, out of any money in the county treasury not otherwise appropriated. Fees to attorneys. Sec. 2. And be it further enacted by the authority aforesaid , That the receipt of any one or more of the attorneys of record in said case shall be a sufficient voucher for said Treasurer for said sum of money. Receipts. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 286O. No. 302.) An act to create a board of commissioners of roads and revenue in the county of Coweta. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, there shall be established in the county of Coweta, in this State, a board of commissioners of roads and revenue, to consist of five persons, to be elected by the voters of the county, and commissioned by the Governor; the first election to be held for such commissioners shall take place at the next general election for county officers for the various counties in this State held after the passage of this act, and such commissioners, so elected, shall hold their term of office for four years, except that vacancies may occur by death or resignation, in which event such vacancy or vacancies to be filled by the remaining commissioners; said commissioners shall be exempt from militia and jury duty. Commissioners. Vacancies. Sec. 2. Be it further enacted , That the persons chosen to fill the vacancy are commissioned for the unexpired terms of the out-going commissioners, and hold their offices accordingly. Unexpired terms. Sec. 3. Be it further enacted , That no person is eligible as commissioner under this act unless he has been a resident citizen of this State for twelve months, and of the county at

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at least six months next preceding his qualification; before entering upon the duties of his office, he shall take the oath of office required to be taken by the civil officers of this State. Who are eligible. Sec. 4. Be it further enacted , That it shall require three of said commissioners to form a quorum for the transaction of business, and they must concur to pass any order or decree. Quorum. Sec. 5. Be it further enacted , That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matters, to-wit: 1. Governing and controlling all property of the county as they may deem expedient, according to law. 2. 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. 3. In establishing, altering and abolishing all roads, bridges and ferries in conformity to law. 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 bringing them to a settlement. 6. In making such rules and regulations for support of the poor of the county; for the promotion of the health as is granted by law or not inconsistent therewith. 7. In regulating peddling, and fixing the cost of license therefor. Jurisdiction. Sec. 6. Be it further enacted , That said board of commissioners shall have the same power 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. Board may appoint. Sec. 7. Be it further enacted , That they shall hold four regular sessions annually: Provided, nevertheless , A majority of said board may convene the same in extraordinary session whenever, in their judgment, it may be necessary. Regular sessions. Sec. 8. 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 deem proper to give himsaid compensation, however, not to exceed fifty dollars per annum. Clerk. Sec. 9. Be it further enacted , That the provisions of this act shall apply to the county of Chattooga. Chattooga. Sec. 10. Repeals conflicting laws. Approved August 26, 1872.

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(No. 287O. No. 87.) An act to change the line between the counties of Coweta and Campbell . Section 1. Be it enacted , That, from and after the passage of this act, the line between the counties of Coweta and Campbell be so changed that lot of land number 159, and fractional lot of land number 162, in Coweta county, be added to Campbell county, including the residence of Caleb W. Stephens. Line changed. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 288O. No. 340.) An act to authorize the county board of commissioners for the county of Decatur to issue bonds of said county, and for other purposes . Section 1. Be it enacted , That the county board of commissioners for the county of Decatur are hereby authorized to issue coupon bonds of said county, of such denomination as may be deemed advisable, to be payable in not more than ten years from date, and to bear interest at the rate of eight per cent. per annum, payable semi-annually, for a sum not exceeding fifteen thousand dollarssaid bonds, principal and interest, to be payable at such place as may be named in the bond. Bonds. Sec. 2. Be it further enacted , That said board shall provide for the prompt payment of the principal of said bonds, and the interest thereon, as the same may become due. Promptly paid. Sec. 3. Be it further enacted , That said bonds shall bear the seal of the Ordinary of said county, and shall be by him duly registered, and shall be signed by at least three of said commissioners, and that the coupons shall be signed by the Treasurer of said county. Seal of Ordinary. Sec. 4. Be it further enacted , That said bonds nor the proceeds of said bonds shall be used for no purpose other than liquidating the indebtedness of the county, and they shall not be sold or used for less than eighty cents in the dollar. Purpose of. Approved August 26, 1872.

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(No. 289O. No. 335.) An act to change the county lines of the counties of Dodge and Telfair, so as to include lots of land numbers 107, 134, 135, 136 and 137, in the thirteenth district of Dodge, in the county of Telfair; also, the line between the counties of Henry and DeKalb, so as to include in DeKalb county lots of land numbers 228 and 229, in the twelfth district of Henry county. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, the county lines of the counties of Dodge and Telfair be so changed as to include in the county of Telfair lots of land numbers 107, 134, 135, 136 and 137, now in the thirteenth district of the county of Dodge. Line changed. Sec. 2. Be it further enacted , That the county line between the counties of Henry and DeKalb be so changed as to include in the county of DeKalb lots of land numbers 228 and 229, in the twelfth district of Henry county, the same being the lands occupied by Mrs. Elizabeth Cook. Line changed. Sec. 3. Repeals conflicting laws. Approved August 26, 1872. (No 290O. No. 338.) An act to authorize the Ordinary of Dougherty county to levy an extraordinary tax for county purposes, etc. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That, from and after the passage of this act, the Ordinary of Dougherty county, upon the recommendation of the grand jury of said county, be, and is hereby, authorized to levy an extraordinary tax for county purposes, over and above the per cent. now allowed by law, for the purpose of establishing a poor-house and farm, and for defraying the current expenses of said county, etc. Extra tax. Approved August 26, 1872. (No. 291O. No. 264.) An act to establish a County Court for the counties of Dougherty and Lee. Section 1. Be it enacted by the General Assembly of the State of Georgia , That there is hereby established in the

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county of Dougherty a County Court, and jurisdiction is hereby vested in said court of all civil causes, (except equity causes) and causes involving title to real estate, where the damages or cause of action shall not exceed the sum of three hundred dollars, exclusive of interest, and shall be above the jurisdiction of a Justice Court, and cases of tort, when the damages claimed shall not exceed three thousand dollars; and said court shall have criminal jurisdiction of all minor offenses committed within the territorial limits of said county of Dougherty, which do not subject the offenders to confinement in the penitentiary or death. County Court. Jurisdiction Sec. 2. Be it further enacted , That the ordinary civil and criminal jurisdictional limits of said court shall embrace the limits of the county of Dougherty now established and hereafter to be established by law. Limit of. Sec. 3. Be it further enacted , That the Governor be, and he is hereby, authorized to appoint, by and with the consent of the Senate, the Judge of said court, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the Governor, on the address of two-thirds of both branches of the General Assembly for that purpose. Judge. Sec. 4. Be it further enacted , That the Judge of said County Court shall be an attorney at law, of not less than twenty-five years of age, and been admitted to the bar five years prior to his appointment, and shall have an annual salary of fifteen hundred dollars, that shall not be increased or diminished during his continuance in office, which salary shall be paid in quarterly installments out of the treasury of the county, and by the County Treasurer from taxes levied on the people of Dougherty county. Qualifications of. Salary. Sec. 5. Be it further enacted , That the said Judge shall, before entering upon the duties of his office, take and subscribe an oath faithfully and impartially to discharge such duties to the best of his abilities and understanding, and agreeably to the Constitution of this State, and the Constitution of the United States, and to support said Constitutions, and said oath shall immediately be forwarded to the Governor, and filed in the Executive department. Oath of office. Sec. 6. Be it further enacted , That the Solicitor of said County Court shall be appointed by the Governor and confirmed by the Senate, whose duty it shall be to prosecute for all offenses cognizable before said court; he shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and whose fees for all other service rendered shall be the same as are allowed a Solicitor General of the Superior Court; the Judge of said County Court shall have power to appoint a Solicitor pro tem. , who shall receive the same fees as are allowed by law to the Solicitor General of the Superior Court, in all cases conducted

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by him: Provided , Said Solicitor shall not receive any salary to be paid to him out of the State treasury. Solicitor. Solicitor pro tem. Proviso. Sec. 7. Be it further enacted , That the Clerk and Sheriff, and their deputies, of the Superior Court of Dougherty county shall be ex-officio Clerk, Sheriff, and deputies of the County Court of Dougherty county, and shall receive the same fees as are allowed by law to such officers in the Superior Courts of this State. Clerk and Sheriff. Sec. 8. Be it further enacted , That the Judge of said court shall have exclusive jurisdiction of all misdemeanors, and shall have power to issue writs of habeas corpus , and to hear and dispose of the same, in all cases arising or occurring within the jurisdictional limits of the county of Dougherty, in the same way and with the same power as the Judge of the Superior Court, and to discharge, admit to bail or remand to jail any prisoner, according to his discretion and the law of the land; but nothing herein contained shall be construed to lessen or take away the powers of the Judge of the Superior Court of the county of Dougherty. Misdemeanors. Bail. Sec. 9. Be it further enacted , That the said County Court shall have jurisdiction of all claim cases where personal property is levied on under execution, or other process from said court, and all mortgages upon personal property, for an amount within the jurisdiction of said court, may be foreclosed by the Judge of the same in the same way or manner as in the Superior Court, and all subsequent proceedings thereon shall be in said County Court. Claim cases. Mortgages. Sec. 10. Be it further enacted , That the sessions of said court for civil causes shall be quarterly, on the third Mondays in January, May, July and October, and for criminal causes monthly, on the first Thursday in each month, or oftener, in the discretion of the Judge of said court, upon the demand of defendant or defendants for speedy trial: Provided , That civil causes, involving sums exceeding one hunded dollars, shall not be tried or verdict rendered until the second term after the term to which said cause is made returnable. Quarterly sessions. Proviso. Sec. 11. Be it further enacted , That suits in said County Court shall, in all respects, be conformable to the mode of proceedings in the Superior Court, but the process shall be annexed by the Clerk of said County Court, be tested in the name of the Judge thereof, and be directed to and served by the sheriff or his deputies thereof. Suits. Process. Sec. 12. 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 or his deputy, of the County Court of Dougherty, and all and singular the

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Sheriffs or their deputies of the State of Georgia, and may be levied on all the property of the defendants throughout the State; but the Sheriff, or his deputy, of said county may levy all such executions on property within any part of the county of Dougherty. Judgments. Executions. Sec. 13. Be it further enacted , That, in the absence of the Judge of said court, from indisposition or otherwise, it shall be the duty of the clerk or sheriff of the same to open and adjourn said court to such day as the Judge may, in writing, direct. Adjournment. Sec. 14. Be it further enacted , That the said court is empowered to compel the production of books, papers and writings in the possession of any party to a suit in suit, in said court, containing evidence pertinent to the cause in question, under the rules and regulations provided by law for other courts of record. Papers, etc. Sec. 15. Be it further enacted , That the Judge of said County 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 therein: 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 case of said court, at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. May hear and determine causes. Jury trial. Sec. 16. Be it further enacted , That whenever, in any cause now pending or hereafter brought to said court, the Judge thereof shall, from any cause, be disqualified from presiding, the parties litigant, or their respective counsel, may select any attorney practicing in said court to preside in such case, and the Judge shall have such consent entered upon the minutes, and the attorney selected shall exercise all the functions of Judge in such case. Judge disqualified. Sec. 17. Be it further enacted , That all sales of property, taken under execution by the sheriff of said court, or any Sheriff of a county, shall be conformable to the law of the State regulating Sheriffs' sales. Sales of property. Sec. 18. Be it further enacted , That the party in whose favor a verdict shall be rendered in said court shall be allowed to enter and sign judgment thereon, at any time within four days after the adjournment of the court, at the Clerk's office, for the amounts of such verdict and all legal costs, and no execution shall issue on such verdict until such judgment shall be entered by the party or his attorney. Judgment. Sec. 19. Be it further enacted , That stay of execution for sixty days may be had in the same manner and on the same terms as are or may be allowed in the Superior Courts. Stay of executions. Sec. 20. Be it further enacted , That claims to real property, levied on under execution, issuing from said court, shall

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be returned to and tried in the Superior Court of the county where such real property may be situated, and such claims shall be put in and tried and determined, as in other cases of claim, in such Superior Court. Claims to personal property, levied on under execution or attachment, from said County Court, shall be returned and tried there in the same manner as claims to personal property in the Superior Court. Claims to property. Sec. 21. Be it further enacted , That all acts, or parts of acts, already or hereafter passed, upon the subject of attachment, or garnishment, or legislating as to any matter whatever, in the Superior Courts of this State, shall apply to said County Court, as if named with the Superior Courts, so far as the nature of that tribunal will admit. Attachment and granishment. Sec. 22. Be it further enacted , That the Judge of said court or any Justice of the Peace, or Notary Public, may issue attachments, returnable to said court, under the same laws that govern the issuing of attachments returnable to the Superior Courts of this State. Attachments. Sec. 23. Be it further enacted , That such attachments shall be directed to the Sheriff or his deputy of the County Court of Dougherty, and to all and singular the Sheriffs and constables of this State, and all prior and subsequent proceedings relative to such attachments, not herein expressly mentioned or specified, shall be governed by the laws of the State in relation to attachments in the Superior Courts. To whom directed. Sec. 24. Be it further enacted , That the sheriff or his deputy of the County Court of Dougherty may levy attachments, returnable to said court in any part of Dougherty county. By whom levied. Sec. 25. Be it further enacted , That garnishment proceedings in said court shall be conformable to the law of the State on that subject in the Superior Courts: Provided , The garnishee shall reside in the county of Dougherty, or not elsewhere in the State, but where the garnishee shall reside in any other county, then he shall be summoned and served and shall make his return, and all other proceedings shall be had in the manner pointed out in the general law of the State for non-resident garnishee, with this proviso, however, that the summons must be returnable to the Superior Court of the county of the residence of such garnishee, and further proceedings be had in said Superior Court. Garnishment. Sec. 26. Be it further enacted , That scire facias to make parties in any case in said court shall be had as in the Superior Court, but such scire facias shall run throughout the State, and may be served by any Sheriff thereof. Si. fa. Sec. 27. Be it further enacted , That the general law of the State in regard to witnesses and their attendance, interrogatories, sets-off, affidavits of illegality, arbitration and examination of parties to suits, interrogatories, or under subp[UNK]nas, and all other matters of judicial nature within the

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jurisdiction conferred on said County Court, shall be applicable to said County Court, but subp[UNK]nas shall be served by the Sheriff of the county, or any lawful Constable, or a private person. Witnesses [Illegible Text]. Sec. 28. Be it further enacted , That the Judge of said County Court shall have power to cause testimony to be taken, de bene esse , in all cases pending in the same, according to the general law of the State, and the said Judge, and other officers of said court, shall have, respectively, power to administer all oaths pertaining to their respective offices, as fully as the Judge and other officers of the Superior Court may in like cases do. Judgepowers of. Sec. 29. Be it further enacted , That the said Judge shall also have power to attest deeds and other papers, administer affidavits in all cases in which, by existing laws, such papers may be attested and affidavit administered by the Justices of the Peace of the county of Dougherty. May attest deeds, etc. Sec. 30. Be it further enacted , That all the duties and liabilities attached to the Clerks of the Superior Courts, and to the Sheriffs, shall attach to the said officers in said County Court, and the Judge of said County Court is empowered to exercise the same authority over the clerks and sheriffs, and other officers of said court, as is legally exercised by the Judges of the Superior Courts. Clerks and Sheriffs. Sec. 31. Be it further enacted , That defendants in criminal causes shall be tried on written accusations, setting forth plainly the offense charged, founded on affidavit containing the name of the accuser, and signed by the County Solicitor. The proceedings, after accusation, shall conform to the rules governing in the Superior Court, except there shall be no jury trial, unless demanded by the accused, in which case, a panel of twelve shall be furnished, from which the defendant and the State shall, alternately, strike, until but five jurors remain, who shall compose the jury. Defendantshow tried. Sec. 32. Be it further enacted , That the Sheriff and Clerk of said county may sue and be sued in said court, but when the Clerk may be defendant in any action, the process shall be signed by the Judge, and said Clerk shall be required to copy the petition and annex the process thereto, and the Clerk shall also make out final process in any case in which he may be interested, as in other cases, which shall be signed by the Judge, and executed as in other cases; and in all cases before said court, in which the Coroner or any Constable shall be plaintiff or defendant, process shall be directed to, and may be served by, any one of them, and the proceedings thereon shall be as in other cases. May sue and be sued. Process. Sec. 33. Be it further enacted , That in any case where it may be necessary to attach the clerk of said court, it shall be lawful for the Judge thereof to appoint a clerk pro tempore , and any Constable of the county of Dougherty shall be competent

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to enforce any attachment by said Judge against the sheriff thereof. Clerkhow attached. Sec. 34. Be it further enacted , That the clerk of said court shall copy into a book of record, to be provided by the Ordinary of the county of Dougherty, all the proceedings in all civil cases in said court, which entry of record shall be made within twenty days after the determination of any cause, and the clerk shall be allowed the same fees for that service, to be taxed in the bill of costs, as are allowed in the Superior Courts of similar service; and the said clerk shall keep, from day to day, regular minutes of the proceedings of said court, which shall be examined and signed by the Judge. Civil docket Minutes. Sec. 35. Be it further enacted , That all persons residing in the territorial limits of said county, and liable to serve as jurors in the Superior Court of Dougherty county, shall be liable to serve as jurors in said County Court, and the Judge of said court shall conform to the laws of this State, pointing out the mode, selecting, drawing and summoning jurors for the Superior Court, except as may be hereinafter mentioned; and the fines and other proceedings relative to the non-attendance of jurors, or contempts by them committed, shall be in conformity to the general law, and the oath to be administered to jurors and witnesses in said County Court, upon the trial of civil cases, shall be the same as are by law to be administered to juries and witnesses in the Superior Courts. Jurors. Oaths of. Sec. 36. Be it further enacted , That it shall be the duty of the Ordinary of the county of Dougherty, together with the Clerk of the said court, and three commissioners, appointed by the presiding Judge of the said court, to meet at the court-house on the first Monday in January next, and on the first Monday in January of each year thereafter, whose duty it shall be to select from the book of the Receiver of Tax Returns, upright and intelligent persons, citizens of Dougherty county, to serve as jurors, and to make out tickets, with the names of the persons so selected, which said tickets shall be put into a box, to be provided at the public expense, which said box shall have two apartments, marked numbers one and two, and which shall be locked up and sealed by the Judge and placed in care of the Clerk, and the key in the care of the Sheriff; and no jury shall be drawn but in the presence of the Judge, in open court, nor shall any person, on any pretense whatever, open said box or alter names placed therein; and any person so offending, upon conviction of the same, shall be punished by fine or imprisonment in the common jail of the county, at the discretion of the court. Jury lists. Sec. 37. Be it further enacted , That it shall be the duty of the clerk of said court, together with the commissioners, to meet at the court-house, at least twenty days previous to the first term of said court after the establishment thereof, and then and there draw petit juries to serve at that term, all

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of which shall be duly entered by said clerk on the minutes of the court, and signed by the Ordinary, and it shall be the duty of the said clerk to issue and deliver to the sheriff, or his deputy, a precept, containing the names of the persons drawn as petit jurors, and upon the receipt of said precept, the sheriff or deputy shall cause the persons whose names are therein written to be served, personally or by leaving the summons at their most notorious place of residence, at least ten days prior to the term of the court the jurors were drawn to attend. Petit jurors. How summoned. Sec. 38. Be it further enacted , Thal all laws in reference to the qualifications, relations, drawings, summonsing and impaneling petit jurors and of challenging, now of force in this State, or hereafter passed by the General Assembly, with respect to the government of the Superior Courts, shall apply to and be observed in the said County Court of Dougherty county. Challenging Sec. 39. Be it further enacted , That in all matters pertaining to pleadings and practice, the laws governing the Superior Court, where not inconsistent with the provisions of this act, shall be applicable to said County Court. Pleadings. Sec. 40. Be it further enacted , That it shall be the duty of all Justices of the Peace and Notaries Public of this State to bind over all persons charged with offenses committed in the county of Dougherty, over which the said County Court has jurisdiction, to appear before said court to answer for said offenses. Offenders bound over. Sec. 41. Be it further enacted , That the petit jurors of said court shall not be compelled to serve longer than one week, except when actually engaged in the trial of a case at the expiration of such week, but the Judge is hereby authorized to have summoned instanter, either by drawing from the jury-boxes or otherwise, any additional number of petit jurors that, in his discretion, he may deem necessary to perform the service demanded by the business before the court. Petit jurors how long to serve. Sec. 42. Be it further enacted , That, in all cases where-under execution or attachment process returnable to said court, horses, mules or other live stock may be levied upon, the Sheriff or other levying officer shall be allowed the amount for stabling or keeping necessary, according to the current rates actually expended by him, and in all cases of levy under process as aforesaid, horses, mules, hogs or other live stock, or dry-goods, groceries or other property of a perishable nature, may be sold by order of Judge of said court upon application to him, on oath, at such time and place as to him may seem most advantageous: Provided , That not less than ten days' notice be given in a public gazette, and at the court-house in said county, of the time and place of sale, except in cases of fruit or other articles that would be greatly deteriorated by a delay of ten days. Live stock under levy. Proviso. Sec. 43. Be it further enacted , That all alleged errors shall be corrected by certiorari , when the amount involved is

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under fifty dollars, and when the amount involved is over fifty dollars, parties shall be allowed to appeal to the Superior Court. Errors. Sec. 44. Be it further enacted , That in any case where it may be necessary to have property levied on by the Sheriff of said court of Dougherty county, said Sheriff may appoint and have sworn in a special deputy for that purpose, and the Judge may allow a reasonable compensation in such case, and and in any other case, where the Sheriff may require assistance, and if any person shall oppose, resist, assault or beat any special sheriff in the discharge of duty, such person shall, on conviction, be fined or imprisoned, at the discretion of the court. Special deputy. Sec. 45. Be it further enacted , That moneys arising from jury fines, and fines imposed for the violation of the [Illegible Text] laws, and collected from forfeited recognizances in said court, shall be subject to the payment of the fees of the Judge, County Solicitor and the Clerk, and the Sheriff, and other officers of said court, in criminal cases; but the county of Dougherty shall not be liable for insolvent costs in any civil or criminal case, and the County Solicitor, Clerk and Sheriff, and other officers bringing the money into court, shall be entitled to have their insolvent bills paid first, and then the bills of former Solicitors, Clerks and Sheriffs and other officers shall be paid according to priority; but no bill remaining unpaid for a longer time than four years shall take any part of said fund. Fines. Insolvent cost. Sec. 46. Be it further enacted , That all moneys collected from fines and forfeitures, and all other sources, after payment of all costs due to the officers of said court, shall, at the adjournment of each term of said court, be paid over to the Treasurer of the county of Dougherty, and the County Solicitor of said court shall, at the close of each session, render to the Treasurer of said county an accurate account of all moneys collected and paid out, showing the balance remaining in his hands to the credit of the county of Dougherty. Surplus fines. Sec. 47. Be it further enacted , That this act shall be of force from and immediately after its passage. Sec. 48. Be it further enacted , That the provisions of this act shall extend and apply to the county of Lee, except that the salary of the Judge of said court shall be one thousand dollars. Leeact to apply to. Sec. 49. Repeals conflicting laws. Approved August 24, 1872.

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(No. 292.O. No. 115.) An act to allow the voters of Effingham county to vote upon the removal of the court-house from Springfield to Guyton, in said county . Section 1. Be it enacted , That the commissioners of roads and revenue for the county of Effingham shall, within four months from the passage of this bill, have an election held in said county, in the usual manner of holding elections in this State, for the purpose of removing the county-seat from Spring-field to Guyton, in said county. Election. Sec. 2. Be it further enacted , That the aforesaid commissioners shall give thirty days' notice of the aforesaid election, said notices to be posted in several of the most public places in the county; at said election, each legal voter of said county voting in favor of removal shall have written or printed upon his ticket the word removal, and those voting against the removal shall have written or printed upon their tickets the words no removal; upon the consolidation of the votes at said election, if the votes for removal are the more numerous, the said county commissioners shall, without delay, proceed to select and secure a suitable piece of ground in the village of Guyton (or Whitesville) for the building of a court-house and other necessary public buildings for the county, and the aforesaid county commissioners shall continue to adopt such plans and give such orders as will most speedily perfect the aforesaid removal. Notice of. New site. Sec. 3. Be it enacted , That, should the commissioners fail to comply with the provisions of this act, by not bringing on the election at the time herein prescribed, or to carry out any of the provisions of this act, any citizen of Effingham county may, by a writ of mandamus, cause the said commissioners to bring on said election, and to carry out the other provisions of the act, at any other time. Mandamus. Sec. 4. Repeals conflicting laws. Approved August 23, 1872. (No. 293O. No. 210.) An act to allow the commissioners of roads and revenue, of the county of Effingham, to change and regulate the charges for licenses to sell spirituous liquors in said county . Section 1. Be it enacted , That the commissioners of roads and revenue, of the county of Effingham, in this State, are

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hereby authorized to change and regulate the charge for licenses to sell spirituous liquors in said county. Liquor license. Sec. 2. Be it further enacted , That all laws to the contrary are hereby repealed, so far as they have applied to Effingham county, except laws of incorporated towns. Sec. 3. Repeals conflicting laws. Approved August 24, 1872. (No. 294O. No. 243.) An act to alter and amend section 639 of Irwin's new Code, so far as the same relates to the counties of Fannin, Gilmer, Pickens, Union, Towns and Rabun . Section 1. Be it enacted by the General Assembly of the State of Georgia , That, as applicable to the counties of Fannin, Gilmer, Pickens, Union, Towns and Rabun, section 639 of Irwin's new Code shall read as follows: they shall be at least fourteen feet wide, side digging, and be cleared of all stumps, grubs and bushes, at least sixteen feet wide, and of such limbs of trees as may incommode horsemen and carriages, and trees, no matter what distance on either side of said road, which are likly to fall in or across said road, shall be felled; the carriage track must be at at least five feet six inches wide. Section 639 of Code amended. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 295O. No. 168.) An act to create a board of commissioners of roads and revenue in the county of Fayette, and to define their powers. Section 1. Be it enacted , That, from and after the passage of this act, there shall be established, in the county of Fayette, a board of commissioners of roads and revenue, to consist of five persons, as follows: J. P. Shropshire, William Mathews, J. J. Gilbert, W. P. Redwine and John I. Whitaker, whose term of office shall be two years from the passage of this act. Commissioners. Sec. 2. That the successors of the aforesaid commissioners shall be elected every two years, by the grand jury of Fayette county at its spring term, next preceding the expiration of the term of office of the commissioners aforesaid. Election.

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Sec. 3. Be it enacted , That vacancies occuring from death resignation or otherwise shall be filled by the remaining commissioners; that the person chosen to fill the vacancies occurring shall be commissioned for the unexpired term of the outgoing commissioners, and hold office accordingly; that no person shall be eligible as a commissioner, under this act, unless he has been a resident citizen in the county for at least one year next preceding his qualification. Vacancies. Sec. 4. That it shall require three of said commissioners to form a quorum for the transaction of business, and three must concur to pass any order or decree. Quorum. Sec. 5. Be it enacted , That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subjects-matter: 1. Governing and controlling all property of the county, as they may deem expedient, according to law. 2. In levying a general tax for general, and a specific tax for specific, county purposes, according to the laws in this State. 3. In examining, auditing, settling and allowing all claims against the county. 4. 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 bringing them to a settlement. 5. In having exclusive control of the county poor-farm and the paupers of the county, with the sole right of appointing a person, who shall superintend the farm and take care of the paupers placed under his charge, and the right to make such rules and regulations for the keeping and taking care of the poor and the management of the poor-farm as they may deem best. 6. In establishing, altering and abolishing roads, bridges and ferries, according to law. Jurisdiction Sec. 6. Be it enacted , That said board of commissioners shall have the same power of appointing road commissioners and enforcing the road laws as is now held by the Ordinary of said county, and shall exercise such other powers as are granted by the Code of this State to said Ordinary, or as are indispensable to their jurisdiction, and shall have no jurisdiction save and except as to county matters. Road commissioners. Sec. 7. Be it enacted , That said commissioners shall hold four regular sessions annually: Provided, nevertheless , That a majority of the same may convene a session whenever, in their judgment, it may be necessary. Sessions. Sec. 8. Be it enacted , That the Treasurer of the county aforesaid shall not disburse or pay out any of the funds of the county treasury on any order, unless the same shall have been first countersigned by a majority of the commissioners, except in the case of certificates of grand and petit jurors. Orders. Sec. 9. Be it enacted , That said commissioners shall have power to purchase, for the county, such property as may be sold for State and county taxes: Provided , That they do not pay more than the amount of the taxes and costs. Purchase property.

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Sec. 10. Be it enacted , That the said commissioners shall keep a written record of all their proceedings, in a well-bound book, and shall submit the same for the inspection of each grand jury at its regular meeting. Proceedings Sec. 11. Be it enacted , That said board of commissioners shall, if they deem it necessary, appoint a clerk, who, with the commissioners, shall receive such compensation as the grand jury may consider reasonable for the services rendered: Provided , That it does not exceed two dollars per day. Clerk. Sec. 12. And be it enacted by the authority aforesaid , That the Clerk of the Superior Court shall be ex-officio clerk of said board, subject to perform such services as may be required of him by the board, for which he shall receive such compensation as the board, by the recommendation of the grand jury, may determine to be just and proper, the same to be paid quarterly, by order of the board, out of any moneys in the county treasury not otherwise appropriated. Clerk ex officio. Sec. 13. Repeals conflicting laws. Approved August 23, 1872. (No. 296O. No. 294.) An act to create a board of commissioners of roads and revenue in the county of Forsyth. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, there shall be established in the county of Forsyth, in this State, a board of commissioners of roads and revenue, to consist of seven persons, one to be elected from every militia district by the qualified voters of said district; the first board of commissioners shall be elected at the next regular election for county officers, which election shall be governed by the same rules and regulations that govern the election of other county officers; said board of commissioners, so elected, and all succeeding boards, shall hold their office for the term of four years, unless sooner removed by the Judges of the Superior Court upon the request of two-thirds of any grand jury impaneled at any term of the Superior Court of said county: Provided , That said commissioners shall not lay out or open any new road unless by order of a majority of five of said commissioners. Commissioners. Election. Sec. 2. Be it further enacted , That any vacancy which may occur in the board of commissioners established by this act, a majority of the members of said board shall appoint to fill such vacancy or vacancies, said appointments being subject

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to the ratification of the grand jury at its next session thereafter. Vacancies. Sec. 3. 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 election; before entering on the duties of his office, he shall take the oath required of all civil officers of this State. Who are eligible. Sec. 4. Be it further enacted , That it shall require five of said commissioners to form a quorum for the transaction of business. Quorum. Sec. 5. Be it further enacted , That the commissioners so elected shall be the legal advisers of the Ordinary in all matters relating to the levying of taxes for county purposes, public buildings, public roads and bridges, and all county matters generally, and a majority shall determine all questions. County tax. Sec. 6. Be it further enacted , That they shall hold twelve regular sessions annually: one session on the first Tuesday in each and every month: Provided , A majority of said board and the Ordinary of said county may convene the same in extraordinary session whenever, in their judgment, it may be necessary. Regular sessions. Sec. 7. Be it further enacted , That said commissioners, so elected, shall be exempt from jury, road and militia duty for the time they serve, and shall not be entitled to any other compensation. Exemption. Sec. 8. 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 their last report. Financial condition. Sec. 9. Be it further enacted , That this act shall not be so construed as to deprive the Ordinary of any fees now allowed by law. Fees. Sec. 10. Repeals conflicting laws. Approved August 27, 1872. (No. 297O. No. 116.) An act to require the duties of Tax Collector and Receiver of Tax Returns, for the county of Gilmer, to be performed by different persons. Section 1. Be it enacted by the Senate and House of Representatives of the State of Gerogia in General Assembly met, and it is hereby enacted by the authority of the same , That, from and after the expiration of the term of office of the

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person now exercising the duties of Receiver of Tax Returns and Tax Collector for the county of Gilmer, the duties of these offices, respectively, shall be discharged by different persons, and a Receiver of Tax Returns and a Tax Collector for said county of Gilmer shall be elected at the time and in the manner prescribed by law for the election of such officers. Receiver and Collectorduties. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 298O. No. 170.) An act to authorize the board of commissioners of roads and revenue for Glynn county to issue bonds to raise money to pay off and arrange the indebtedness of said county. Section 1. Be it enacted , That, from and after the passage of this act, the board of commissioners of roads and revenue for the county of Glynn are hereby authorized and empowered to issue, negotiate and sell county bonds, to an amount not exceeding forty thousand dollars, the proceeds of which, when sold, shall be applied to the payment of the debts due by the said county. May issue bonds. Sec. 2. That the said bonds shall not be issued for a longer term than twenty years, and shall bear interest at the rate of seven per cent. per annum. Time to run. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 299O. No. 167.) An act to regulate the pay of grand and traverse jurors in the county of Gwinnett. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That, from and after the passage of this act, the pay of grand and traverse jurors, in the county of Gwinnett, shall be two dollars per day. Jurors. Sec. 2. Repeals conflicting laws. Approved August 23, 1872.

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(No. 300O. No. 293.) An act to create a board of commissioners for the county of Gwinnett, and to prescribe and define the powers and duties thereof. 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 passage of this act, there shall be established in the county of Gwinnett, in this State, a board of county commissioners, to consist of five persons, to be elected by the voters of the county, at the same time, and in the same manner, and for the same period that Ordinaries are now elected, and shall be commissioned by the Governor, and that all vacancies shall be filled by the remaining commissioners, and such person or persons so chosen shall be commissioned for the unexpired term or terms of the out-going commissioners, and hold their offices accordingly. Commissioners. Vacancies. Sec. 2. Be it further enacted , That said commissioners shall be exempt from road and jury duty during their term of office. Exempt. Sec. 3. Be it further enacted , That it shall require three of said commissioners to form a quorum for the transaction of business, and they must concur to pass any order or decree. Quorum. Sec. 4. Be it further enacted , That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matters, to wit: 1. Governing and controlling all property of the county, as they may deem expedient, according to law. 2. 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. 3. In establishing, altering and abolishing all roads, bridges and ferries, in conformity to law. 4. In establishing and changing election precincts and militia districts. 5. In examining and allowing all claims against the county. 6. 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 bringing them to a settlement. 7. In making such rules and regulations for the support of the poor of the county as are authorized by law, or are not inconsistent therewith. 8. In regulating peddling, and fixing cost of license therefor, and such other powers as were by law vested in the Inferior Court, when sitting for county purposes, prior to the adoption of the present State Constitution, and shall have no jurisdiction save and except such as pertain to county matters. Jurisdiction Sec. 5. Be it further enacted , That said commissioners shall hold four regular sessions annually: Provided, nevertheless , That a majority of said board may convene the same in extraordinary session whenever, in their judgment, it may be necessary. Regula sessions.

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Sec. 6. Be it further enacted , That the Clerk of the Superior Court shall attend the sessions of said board of commissioners; shall keep a minute of the proceedings thereof in a well-bound book, to be provided at the expense of the county, and shall receive the same compensation formerly allowed the Clerk of the Inferior Court for like services; it shall be the duty of the Sheriff, when required, to attend the sittings of the board, for which service he shall be allowed two dollars and fifty cents per day. Clerk Superior Court. Sheriff. Sec. 7. Be it further enacted , That said commissioners, or a majority of them, shall have authority to approve all official bonds, formerly required by law, of the Justices of the Inferior Court, and sent them by the Governor, with the dedimus , to qualify such officers and to deliver them their commissions. Official bonds. Sec. 8. Be it further enacted , That said county board of commissioners shall be a body corporate, and may sue and be sued, plead and be impleaded in all matters within their jurisdiction, as herein defined, but no judgment, order or decree of any court shall have effect against the individual property of any member of said board, but shall constitute a charge against said county. May sue, etc. Sec. 9. Be it further enacted , That no recommendation of a grand jury shall be necessary to authorize said board to levy a tax in any case. Levy tax. Sec. 10. Be it further enacted , That each of said commissioners shall receive two dollars per day, for each day they sit for county purposes, to be paid out of the treasury of said county. Compensation of. Sec. 11. Be it further enacted , That each commissioner, before entering upon the discharge of his duties, shall be sworn by each other, and record thereof entered in the book of minutes to be kept by them, as hereinbefore provided, well and faithfully to discharge his duty as such. Oath of office. Sec. 12. Repeals conflicting laws. Approved August 26, 1872. (No. 301O. No. 55.) An act to amend an act entitled an act to establish a board of commissioners of roads and revenue for the counties of Habersham and Lowndes; to define their duties, and for other purposes therein named, approved December 11, 1871, and to make the provisions of this act, and the act to which it is amendatory, applicable to the county of Dougherty. Section 1. The General Assembly of the State of Georgia do enact , That the above-recited act be amended by adding

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thereto the following provisions: 1. The members of the board shall be commissioned by the Governor. 2. The board may hold special terms, upon the call of a majority of its members, and may continue any term from day to day when the business requires it. 3. They shall have exclusive authority to grant licenses for the several purposes recited in section 564, and to exercise the powers required of the Inferior Court by section 1601 of the Revised Code. 4. The board may, in their discretion, issue an order, and post the same at the courthouse, and at other public places, in their discretion, as soon as practicable after the passage of this act, requiring holders, resident within the county, of claims of every character against the county, including jury certificates, to present the same to the board on or before its second regular term next after the date of said notice, for registration. After the notice given as above, every claim not so presented shall be held fraudulent on its first face, and shall be enforced against the county only after a favorable verdict in an issue on mandamus. Act amended. Sec. 2. And be it further enacted , That the provisions of this act, and the act to which it is amendatory, shall apply to and be of force in the county of Dougherty: Provided , That said commissioners for the county of Dougherty shall be appointed by the grand jury for the first week of the December term of the Superior Court for said county, and confirmed by the presiding Judge in each and every year, commencing with December next, after the passage of this act. Doughertyapplies to. Proviso. Sec. 3. Repeals conflicting laws. Approved August 20, 1872. (No. 302O. No. 65.) An act to amend section 1601 of the Code, so far as the same relates to the ditching and draining of lands, and the arbitration and award therein provided for, and to make such section, so amended, of force in the counties of Habersham and Milton, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That section 1601 of the Code, relating to the matters recited in the caption of this act, be amended as follows: 1. By striking out the words Inferior Court, and inserting instead thereof the words Ordinary, or board of commissioners of roads and revenue, where there is such board. 2. By striking out of the twelth line the words at his own expense. 3. In the seventeenth line, by inserting the words three days before the word notice, and after the word

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notice by striking out the word given, and inserting the words to the other party, or the tenant in possession of the land. 4. By striking all of said section from and including the word provided, and inserting instead the following: the arbitrators, by their award, may require either party, or both, to bear the expense of ditching or draining, as to them may seem equitable and just; such compensation as shall be required by the award, to be paid by the party desiring to extend such ditch or drain, shall be so paid before the ditch or drain is commenced; the award, when made, may be entered on the record of the Court of Ordinary, or of the county board, as the case may be, and enforced at the instance of either party, by attachment, as for contempt; when such award is so entered of record, there may be an appeal therefrom to the Superior Court, as appeals are now allowed from the Court of Ordinary, and the issue in such case shall be tried before a jury, who may award against the appellant not exceeding twenty-five per cent. upon the sum awarded against him by the arbitrators for a frivolous appeal; the verdict may be enforced by attachment, as for contempt, which may issue at the instance of either party, upon application to the Judge of said Superior Court in vacation. Section 1601 amended. Expense of ditching. Award. Sec. 2. That this act shall be of force in the counties of Habersham and Milton only. In force where. Sec. 3. Repeals conflicting laws. Approved August 22, 1872. (No. 303O. No. 227.) An act to provide for the election of a county board of education for the county of Haralson, and to confer upon said board jurisdiction over the finances, roads, bridges and public buildings of said county. Section 1. Be it enacted by the General Assembly , That there shall be an election held in the several militia districts of the county of Haralson, on the first Saturday in October next, and on the first Saturday in October every second year thereafter, for a school commissioner for said district, who shall hold his office for two years, and until his successor is elected and qualifiedsaid election to be held as required by law for county officers, and the returns thereof made to the Clerk of the Superior Court of said county, who shall administer to each of said commissioners the usual oath of county officers, and shall give to each a certificate of his election, which shall be sufficient authority for said person to act as one of the board of education of said county. Election. Oath.

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Sec. 2. Be it further enacted , That said commissioners shall meet and organize as now required by law, and when organized shall become the board of education for said county, and shall have all the powers now conferred by law on said board. Board of Education. Sec. 3. Be it further enacted , That said board of education shall have and exercise all the powers now conferred by law on the Ordinary of said county, as to finances, roads, bridges and public buildings. Powers. Sec. 4. Be it further enacted , That orders on the County Treasurer for pay to county officers for extra services shall not be paid until they are submitted and have been approved by said boardsaid board to sit as often as they may deem it necessary for county purposes. Orders. Sec. 5. Repeals conflicting laws. Approved August 24, 1872. (No. 304O. No. 45.) An act to reduce the official bond of the Sheriff of the county of Heard, and to increase the bonds of the Oridinary and Sheriff of Dougherty county. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the official bond of the Sheriff of Heard county shall be reduced to the sum of five thousand dollars. Bond reduced. Sec. 2. And be it further enacted , That the bond of the Ordinary of Dougherty county shall hereafter be five thousand dollars, and the bond of the Sheriff of said county shall be twenty thousand dollars. Bond increased. Sec. 3. Repeals conflicting laws. Approved August 19, 1872. (No. 305O. No. 320.) An act to authorize the board of county commissioners of the county of Heard to purchase the Franklin bridge across the Chattahoochee river, in said county, and to issue bonds for the same, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of

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this act, the board of county commissioners of the county are hereby authorized and empowered to contract with the Franklin Bridge Company for the purchase of the Franklin bridge, for the county-citizens to pass over free of charge, to pay such a sum for the aforesaid bridge as the board of county commissioners and the aforesaid bridge company may agree upon. Commissioners. Franklin bridge. Sec. 2. Be it further enacted , That the board of county commissioners are hereby authorized and empowered to levy and have collected a tax, by the Tax Collector of said county, such annual taxes as are necessary to pay the principal and interest on the bonds hereinafter mentioned, for the purchase of said bridge. Levy tax. Sec. 3. Be it further enacted , That if the board of county commissioners deem it to be for the best interest of the county to issue county bonds for the purchase of said bridge, they are hereby authorized and empowered to issue and negotiate the bonds of said county, to an amount not to exceed thousand dollars, for the purpose of raising funds to purchase the Franklin bridge, said bonds to bear interest from their date at a rate not exceeding ten per cent. per annum, and the interest payable at the office of the County Treasurer of said county of Heard; said bonds shall not be issued for a longer time than years, and the faith and credit of the county is hereby pledged for the payment of said bonds. May issue bonds. Sec. 4. That said bonds shall be signed by the board of county commissioners, and the seal of the county shall be attached thereto, and countersigned by the County Treasurer, and registered in a book kept for that purpose, and there shall be, after the issuing of said bonds, an annual tax levied by the board of county commissioners, on the basis of taxation now or hereinafter provided, and collected by the Tax Collector of said county, and paid into the county treasury, subject to the order of the board of county commissioners for the purposes aforesaid, an amount sufficient to pay the principal and interest of said bonds, as they may fall due, until the principal and interest are paid off. Signed by whom. How to be paid. Sec. 5. That the said bonds shall issue in sums not less than one hundred dollars, nor more than five hundred dollars each. Amount. Sec. 6. That all warranties, as to the length of time the bridge is insured to stand, shall remain in force with the builder as though it was owned by the aforesaid bridge company. Warranty. Sec. 7. Repeals conflicting laws. Approved August 26, 1872.

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(No. 306O. No. 226.) An act to provide for a county board of commissioners for the county of Heard and to prescribe and define the powers and duties thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, all the powers and duties of the Ordinary of Heard county, so far as the same relate to roads, bridges, ferries, public buildings and other property, management of the county jail and its fees, assessing and collecting tax, disbursing public money for county purposes, and all laws in reference thereto, are hereby conferred upon a county board of commissioners, as hereinafter set out. Powers of board. Sec. 2. And be it further enacted , That said board of commissioners shall consist of the Ordinary of said county and four other persons, to be appointed and elected, and whose term of office shall be as hereinafter provided, and that any three of said board shall be capable and authorized to transact any business. Composed of whom. Sec. 3. And be it further enacted , That James B. Ware, Thomas Watts, Dr. G. W. Shaw and John Stewart, together with the Ordinary of said county, are hereby appointed a county board of commissioners for said county; that the term of office of said board shall be equal with that of said Ordinary, and that said board shall discharge all duties herein mentioned. Who appointed. Sec. 4. Be it further enacted , That, at all regular elections hereafter of an Ordinary of said county, four commissioners shall be elected, whose term of office shall be equal with that of the Ordinary's, who, with said Ordinary, shall discharge all duties herein named; and that, in the event of the resignation, death or any disability of either of said commissioners, or persons who may be elected, the Governor, upon notice thereof from any two of said commissioners, shall order an election to fill the vacancy thus occasioned. Elections. Vacancies. Sec. 5. Be it further enacted , That the said board shall meet at the court-house, in said county, on the first Tuesday in every month, and on such other day as it may determine; that it shall exercise all the powers and duties as herein set forth, and that it shall keep a full and complete record of all its actings and doings. To meet monthly. Record. Sec. 6. Be it further enacted , That said board may adjourn from day to day; that each member of said board shall, before undertaking to act herein, take an oath before the Clerk of the Superior Court of said county, which oath shall be recorded by said Clerk, to faithfully and honestly discharge all duties herein named; that each member of said board shall receive two dollars per day for each day actually served as such, and

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that the clerk of said board to be appointed, as hereafter set forth, shall receive for all services the same compensation as Clerks of the Superior Courts of this State do for similar services. Oath of office. Compensation. Sec. 7. Be it further enacted , That said board shall have the same right to punish for contempt, as Judges of the Superior Courts of this State have. Contempt. Sec. 8. Be it further enacted , That said board shall have the right, and it is authorized, to appoint a clerk, who shall take the same oath, and in the same manner, as its members have, and whose term of office shall be equal with that of the board appointing him. Clerk. Sec. 9. Repeals conflicting laws. Approved August 24, 1872. (No. 307O. No. 289.) An act to repeal an act, approved December 12, 1871, so far as said act relates to the county of Houston. Section 1. The General Assembly do enact , That the act, approved December 12, 1871, altering and amending the road laws of this State, so far as they relate to the counties of Bibb and Houston, and to authorize and require the Ordinaries of said counties to levy and collect a tax for road purposes, be, and the same is hereby, repealed, so far as said act relates to the county of Houston. Road law repealed. Approved August 26, 1872. (No. 308O. No. 195.) An act to authorize the Ordinary of Houston county to issue bonds and levy an extra tax for the purpose of building a jail for said county. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Ordinary of Houston county be, and he is hereby, authorized to levy an extra tax of ten thousand dollars, and to issue ten thousand dollars in bonds of said county, for the purpose of building a jail in said county. Bonds. Sec. 2. Repeals conflicting laws. Approved August 24, 1872.

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(No. 309O. No. 100.) An act to change the lincs between the counties of Irwin and Wilcox. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, lots of land numbers 173 and 174, in the third district of Wilcox, be, and the same are hereby, attached to the county of Irwin. Line changed. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 310O. No. 113.) An act to consolidate the offices of Sheriff and Tax Collector in Jones and Jasper counties, as also the offices of Tax Receiver and Clerk of the Superior Court of Jasper county, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of Georgia in General Assembly met , That the offices of Sheriff and Tax Collector, in and for the county of Jones, in said State, be, and they are hereby, consolidated, to take effect from and after the next regular election for said offices, and that the person elected as Sheriff hereafter, in said Jones county, shall, by virtue of his said office of Sheriff, be the Tax Collector of said Jones county. Offices consolidated. Sec. 2. Be it further enacted , That said person so elected as Sheriff shall give bond as ex-officio Tax Collector in double the amount of tax to be collected by him, as the law now requires of the Tax Collector, and receive the same compensation for said service as the law now allows, or may hereafter allow, the Tax Collectors of the several counties in this State, and that all the laws which apply to Tax Collectors, in the discharge or failure to discharge their duty, shall apply to said Sheriff in regard to collections of the taxes. Bond of Sheriff. Sec. 3. Be it further enacted , That the offices of Sheriff and Tax Collector, in the county of Jasper, be, and the same are hereby, consolidated, and that the Sheriff of said county be required to perform all the duties of Tax Collector in said county, and is hereby made subject to all legal requirements and penalties applicable to Tax Collectors under the laws of this State. Offices consolidated. Sec. 4. Be it further enacted , That the offices of the Tax Receiver and Clerk of the Superior Court, in said county of Jasper, be, and they are hereby, consolidated, and that the Clerk of the Superior Court of said county shall, by virtue

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of his office, be the Tax Receiver for said county, and shall be subject to all legal requirements applicable to Tax Receivers. Offices consolidated. Sec. 5. Repeals conflicting laws. Approved August 23, 1872. (No. 311O. No. 300.) An act to repeal an act to prevent the hounding and killing of deer, in the county of Laurens, during the months of May, June, July and August. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, an act to prevent the hounding and killing of deer in the county of Laurens, during the months of May, June, July and August, approved December 13, 1871, be, and the same is hereby, repealed. Killing deer Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 312O. No. 274.) An act to change the line between the counties of Lee and Terrell. 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 passage of this act, the line between the counties of Lee and Terrell shall be so changed as to take lots numbers 129 and 159 from the third district of Terrell county, and attach the same to the second district of Lee county. Line changed. Sec. 2. Repeals conflicting laws. Approved August 24, 1872.

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(No. 313O. No. 96.) An act to amend an act entitled an act to create a board of commissioners for the county of Liberty, and to define their duties, approved December 13, 1871. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the commissioners to be appointed or elected under the above-recited act shall be entitled to a compensation of two dollars each for every day employed by them in sitting for county purposes. Commissioners. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 314O. No. 158.) An act to amend an act entitled an act to create a board of commissioners for the county of Liberty, and to define their duties, approved December 13, 1871. Section 1. Be it enacted by the General Assembly of Georgia , That the fifth section of the above-recited act be so amended as to read: that they shall hold a session on the first Tuesday in January, March, June and September, instead of the first Tuesday in each month, and may convene an extraordinary session whenever it may, in their judgment, be necessary, etc. Sessions. Sec. 2. Be it further enacted , That each commissioner shall receive two dollars per day for each day of actual service. Fees. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 315O. No. 199.) An act to authorize the commissioners of roads and revenue for the county of Lowndes to issue bonds to raise money to build a court-house. Section 1. Be it enacted , That the commissioners for roads and revenue for the county of Lowndes be, and they are hereby, authorized and empowered to issue and negotiate county bonds to an amount not exceeding eight thousand dollars, the proceeds of which, when sold, shall be applied to

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building a court-house: Provided , That such bonds shall not run longer than three years: And provided further , That such county tax shall be levied for each year as will pay off and extinguish said bonds, and the interest thereon, by the time they mature and fall due. Bonds. For what purpose. Approved August 24, 1872. (No. 316O. No. 137.) An act to amend the road laws of this State, so far as relates to the counties of Lumpkin, White and Dawson. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia , That, from and after the passage of this act, all males between the ages of sixteen and fifty years, residing in the counties of Lumpkin, White and Dawson, be made liable to work on the public roads in said counties, except ministers of the gospel who are in the regular discharge of ministerial duties. Road duty. Sec. 2. Be it further enacted , That no person shall be compelled to work exceeding nine days in each year upon the public roads of said counties. How long to work. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 317O. No. 303.) An act to create a board of commissioners of roads and revenue for the county of Macon, and to define the powers and duties thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, there shall be established a board of commissioners of roads and revenue for the county of Macon, consisting of five members, to be elected by the grand jury at the first term of the Superior Court of said county in the year 1873, and at the first term of said court every second year thereafter: Provided , That there shall be a board, which shall be composed of Thomas Dixon, James D. Fredrick, Nathan M. Massey, Daniel Klockley and James W. Williams, who shall hold their office until their successors are elected as aforesaid and qualified: And provided further , That, should either member of said first board refuse to accept, or should a vacancy occur therein from

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any cause, it shall be the duty of the Ordinary of said county to fill such vacancy by appointment. Commissioners. Vacancies. Sec. 2. And it is further enacted , That each of said commissioners, before entering upon the duties of his office, shall be sworn, before any officer authorized to administer oaths, (besides the general oath required of county officers,) faithfully to discharge the duties of a commissioner of roads and revenue of the county of Macon, which oath shall be subscribed, attested and recorded in a book of minutes to be kept as hereinafter provided. Oath of office. Sec. 3. And it is further enacted , That it shall require a majority of said commissioners to form a quorum for the transaction of business, and they shall, when sitting for county purposes, have exclusive jurisdiction over the following subject-matters, to-wit: 1. In holding and controlling all property belonging to the county. 2. In levying general and special taxes for county purposes. 3. In contracting for and letting out bridges, ferries and all other public works. 4. And over all other county matters over which the Inferior Court had jurisdiction at the time it was abolished. Jurisdiction Sec. 4. Be it further enacted , That they shall hold a session on the first Tuesday in each month at the court-house, and may convene an extraordinary session whenever it may, in their judgment, be necessary, and shall have power, when in session, to punish for contempt, and may, at their discretion, order the Sheriff or his deputy to attend their sessions. Regular sessions. Sec. 5. Be it further enacted , That, should a vacancy occur in said board after the expiration of the first board, (provided for in the first section of this act) it shall be the duty of the remaining members of the board to fill said vacancy by appointment. It shall also be the duty of said commissioners to appoint a clerk, whose duty it shall be to attend each session of the board, and keep a fair and regular book of minutes of all the transactions of the board, and to keep such other books and perform such other duties as may be required of him by said commissioners, but who shall, before entering upon the duties of his office as such clerk, take and subscribe an oath, before one of the commissioners, besides the general oath required of county officers, faithfully to discharge the duties required of him as clerk of the board of commissioners of roads and revenue of Macon county, and also to enter into bond with good security, to be approved by said commissioners, in the sum of five hundred dollars, payable to said commissioners and their successors in office, conditioned for the faithful discharge of his duties as such clerk. Vacancies. Clerk. Oath of. Bond of. Sec. 6. Be it further enacted , That said commissioners shall, during their continuance in office, be exempt from road and jury duty, and shall receive for their services such other compensation as the grand jury of said county, at the first term of the Superior Court of said county in each year, may

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recommend; and that the clerk of said board shall receive for his services, from the general county fund of said county, such sum, annually, as said board may deem reasonable and just not to exceed two hundred dollars, besides his legal fees. Exemption. Sec. 7. Be it further enacted , That said commissioners and said clerk shall each have authority to administer oaths in all matters appertaining to the duties of their respective offices. Administer Oaths. Sec. 8. Repeals conflicting laws. Approved August 26, 1872. (No. 318O. No. 419.) An act to alter and change the lines between the counties of Macon and Schley. Section 1. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this act, the lines between the counties of Macon and Schley shall be so altered and changed as to add to the county of Schley the lands of James Ansley, now lying in the county of Macon, and consisting of the following lots, to-wit: Nos. 155, 356, in the second district, and lots Nos. 1 and 32, in third district of said county of Macon. Line changed. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 319O. No. 397.) An act to create a board of commissioners of roads and revenue in the county of Madison. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That, from and after the passage of this act, there shall be established in the county of Madison, in this State, a board of commissioners of roads and revenue, to consist of five persons, to be elected by the voters of the county, and commissioned by the Governor; the first election for said commissioners shall be held at the next regular election for county officers in said county, and they shall hold their office for four years, unless sooner removed in the manner prescribed by the Constitution of this State. Commissioners. Term of Office.

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Sec. 2. Be it further enacted , That any three members of the said board, and one, if there is only one in the county qualified, and if not one, then the Ordinary of the county, shall order an election to fill vacancies in said board, as prescribed in the case of elections to fill vacancies in the clerkship of the Superior Court. Vacancies. Sec. 3. Be it further enacted , That the persons elected to fill the vacancies shall be commissioned for the unexpired terms of the outgoing commissioners, and hold their offices accordingly. Unexpired terms. Sec. 4. Be it further enacted , That no person is eligible as commissioner, under this act, unless he has been a resident citizen in the county at least one year next preceding his qualification; before entering on the duties of his office, he shall take the oath required of all civil officers of this State. Who are eligible. Sec. 5. Be it further enacted , That it shall require three of said commissioners to form a quorum for the transaction of business, and they must concur to pass any order or decree. Quorum. Sec. 6. Be it further enacted , That said commissioners, while acting as such, are disqualified from holding any other county office; but they may be members of the General Assembly of the State of Georgia, or officers of the militia, and are exempt from militia and jury duty. Not to hold other offices Sec. 7. Be it further enacted , That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matters, to-wit: 1. In binding and controlling all property of the county, as they may deem expedient, according to law. 2. 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. 3. In establishing, altering and abolishing all roads, bridges and ferries, in conformity to law. 4. In examining, settling and allowing all claims against the county. 5. In examining and auditing the accounts of 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 the support of the poor of the county and for the promotion of health as are granted by law, or not inconsistent therewith. 7. In regulating peddling, and fixing the cost of license therefor. Jurisdiction Sec. 8. Be it further enacted , That said board of commissioners shall have the same power, 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 were 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.

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Sec. 9. Be it further enacted , That they shall hold four-regular sessions annuallyone session on the first Tuesdays in January, May, September and December: Provided, nevertheless , That a majority of said board may convene the same in extraordinary sessions whenever, in their judgment, they may deem it necessary. Regular sessions. 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 not to exceed fifty dollars per annum. Clerk. Sec. 11. Repeals conflicting laws. Approved August 27, 1872. (No. 320O. No. 275.) An act to regulate the fees of the County Treasurer of Madison county, and to fix a specific salary for the County Treasurer of Baldwin county, 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, the County Treasurer of Madison county shall receive two and a half per cent. on all sums received by him, and two and a half per cent. on all sums paid out by him. Fees of Treasurer. Sec. 2. And be it further enacted , That the same fees shall be allowed any person who has heretofore discharged the duties of Treasurer of the county of Madison since the adoption of the Code. Former Treasurer. Sec. 3. And be it further enacted , That the salary of the County Treasurer of Baldwin county is hereby fixed at the specific sum of three hundred dollars, and the said Treasurer shall receive no other fees or emoluments. Salary. Sec. 4. Repeals conflicting laws. Approved August 24, 1872. (No. 321O. No. 310.) An act to provide for the raising of revenue to pay certain school claims in Madison county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act,

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the Ordinary of Madison county, upon the recommendation of the grand jury of said county, be, and he is hereby, required to levy a sufficient tax upon the State tax to pay such claims as existed against the school fund of said county under the school law of said State, prior to the passage of the act approved October 13, 1870, and the act amendatory thereof, approved January 19th, 1872. School fund Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 322O. No. 299.) An act to provide for the payment of insolvent costs to the county officers of Madison and Greene counties, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That, from and after the passage of this act, it shall and may be lawful for any county officer, in the counties of Madison and Greene, to lay before the grand jury, at each term of the Superior Court of said counties, a statement of the amount of insolvent costs in criminal cases claimed, and if the grand jury is satisfied that the service for which the costs are claimed has been rendered, and that the claim is insolvent, they, by their foreman, may recommend the payment of the same, and when so recommended, the County Treasurer shall pay all such claims out of any money in the treasury not otherwise appropriated. Insolvent cost. Treasurer. Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 323O. No. 262.) An act to change the line between the counties of Madison and Jackson, so as to include in the county of Madison the lands and residence of Harrison Hix. Section 1. Be it enacted by the General Assembly, etc. , That, from and after the passage of this act, the line between the counties of Madison and Jackson be so changed as to include in the county of Madison the lands and residence of Harrison Hix. Line changed. Sec. 2. Repeals conflicting laws. Approved August 24, 1872.

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(No. 324O. No. 160.) An act to provide for a board of commissioners of roads and revenue in the county of Marion. 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, there shall be established in the county of Marion a board of commissioners of roads and revenue, to consist of three citizens of said county, to be appointed as hereinafter provided. Commissioners. Sec. 2. Be it further enacted , That said board shall be nominated by the Judge of the Superior Court of said county, at the first sitting of said court after the passage of this act, and every second year thereafter, said nominations to be sent to the grand jury then in session for confirmation, and, if confirmed by said grand jury, it shall be the duty of the Clerk of the Superior Court for said county to issue to said commissioners, so nominated, a certificate of such appointment, to which certificate shall be appended the seal of said court, and such certificate shall be the evidence of the authority hereinafter conferred. Nomination Sec. 3. Be it further enacted , That said board shall have jurisdiction, in conjunction with the Ordinary for said county, over the following questions: 1. The right to lay out public roads, as is now provided by law. 2. To discontinue a public road whenever the same is desired by the citizens of the county, and working no considerable inconvenience to the public. 3. Control of all public buildings and bridges in said county. 4. To audit claims against said county. Jurisdiction Sec. 4. Be it further enacted , That said board of commissioners shall meet at the court-house in said county once a month, to-wit: on the second Tuesday in each month, for the purpose of consultation and the transaction of such business as pertains to their office, and at each meeting the Ordinary shall preside as chairman of the board of commissioners, and he shall, as such presiding officer, have the right to veto the action of said commissioners, and such veto shall defeat the action of said board, unless, after the Ordinary shall have vetoed said action and assigned his reason therefor, two-thirds of said board of commissioners shall vote for the measure so vetoed by the Ordinary. Should the veto be defeated by the said two-thirds vote, the action of the board shall be final and conclusive. Shall meet monthly. Sec. 5. Be it further enacted , That said board of commissioners shall have the power to apportion hands on the several roads of said county, appoint overseers, etc., and shall have power to assess fines against defaulters, and enforce the collection of the same, either by execution, levy and sale, or by attachment for contempt, as to said board shall seem best.

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Said fines shall be the same as now provided by law, and should said board deem it just to attach for contempt rather than enforce the payment by execution, levy and sale, they are hereby authorized to imprison defaulters in the common jail in said county, said imprisonment to continue for not less than one day nor more than five days. Overseers and hands on roads. Defaulters. Sec. 6. Be it further enacted , That said board of commissioners shall be exempt from jury duty for and during the term of their service, and shall each be entitled to the sum of three dollars per day, or the sum of thirty-six dollars, each, per annum, for services rendered as such commissioners, and shall receive no other or further sum for such service. Compensation of. Sec. 7. Repeals conflicting laws. Approved August 23, 1872. (No. 325O. No. 343.) An act to make legal the act of the County Treasurer, for the county of Marion, in paying to grand and traverse jurors, by mistake, two dollars per day, when they were only entitled to one, and for other purposes. Whereas, The County Treasurer for the county of Marion, acting upon information derived from a reliable source, that the county of Marion was embraced in a bill enacted at the last General Assembly, providing for increasing the pay of grand and traverse jurors, did pay to the said grand and traverse jurors the sum of two dollars each per day; and whereas, after said acts of the last General Assembly had been distributed, it was ascertained that said county of Marion was not embraced in said bill; and whereas, said excess was paid by said Treasurer by mistake; and whereas, said Treasurer is without remedy to relieve himself Preamble. Section 1. Be it enacted by the Senate and House of Representatives , That, from and after the passage of this act, the said excessive payment of grand and traverse jurors, by the said County Treasurer, be, and the same is hereby, made legal. Excess of payment. Sec. 2. Be it further enacted , That the grand and traverse jurors for said county of Marion shall be entitled to receive the sum of two dollars each per day for each day's service as such grand and traverse jurors rendered. Pay of jurors. Sec. 3. Repeals conflicting laws. Approved August 26, 1872.

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(No. 326O. No. 184.) An act to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of McDuffie. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the office of Clerk of the Superior Court and that of Treasurer of the county of McDuffie shall be consolidated and made one, and all the duties heretofore required of, and performed by, the Treasurer of said county shall be required of, and performed by, the Clerk of the Superior Court elected under the provisions of this act. Offices consolidated. Sec. 2. That this act shall take effect and be of force on and after the first day of January, 1873. To take effect when. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 327O. No. 255.) An act to authorize the Ordinary of McDuffie county to issue and negotiate bonds, and provide means for the redemption thereof by taxation, for the purpose of building and furnishing a court-house and jail in the town of Thomson, in said McDuffie county, 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 McDuffie be, and he is hereby, authorized and empowered to issue and negotiate bonds of the said county of McDuffie, to an amount not exceeding fifteen thousand dollars, the proceeds of which, when sold, shall be applied to the building and furnishing of a court-house and jail in the town of Thomson, in said county; said bonds shall be issued to run not longer than ten years from the date of this act, and shall bear interest, payable annually, at a rate not exceeding ten per cent. per annum; shall be signed by the Ordinary, with his seal of office attached, countersigned by the County Treasurer of said county, and registered in the Ordinary's office, in a book kept for that purpose; said bonds shall be exempt from county tax, and the faith and credit of said McDuffie county are hereby pledged for the true payment of the said bonds at maturity. Bonds. How signed Sec. 2. That there shall be hereafter an annual tax levied and collected on the basis of taxation now or hereafter provided by the Tax Collector of said county, and paid into the treasury of said county, subject to the order of the Ordinary,

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for the purpose aforesaid, in amount sufficient to pay the interest accruing annually on said bonds, and to redeem the same as they fall due, until all of them are paid off; and that the Ordinary shall designate the per centage on the State tax which will be required for that purpose. Annual tax. Sec. 3. That said bonds shall be issued in sums not less than fifty nor more than one thousand dollars. Amount. Sec. 4. Repeals conflicting laws. Approved August 24, 1872. (No. 328O. No. 143.) An act to repeal an act to authorize and empower the Ordinaries of this State to issue writs of habeas corpus, and to hear and determine the same, formerly issued by Superior and Inferior Court Judges, so far as the county of McIntosh is concerned, and to vest the powers heretofore exercised by the Ordinary in the county commissioners of said county. Section 1. The General Assembly of the State of Georgia do enact , That the county commissioners of the county of McIntosh be, and they are hereby, empowered to issue writs of habeas corpus , and determine the same in such cases as Ordinaries may be allowed so to do by the general law of the State. Habeas corpus. Sec. 2. Be it further enacted , That an act entitled an act to authorize and empower the Ordinaries of this State to issue writs of habeas corpus , and to hear and determine the same, formerly issued by Superior and Inferior Court Judges, approved October 10, 1870, be, and the same is hereby, repealed, so far as the Ordinary of the county of McIntosh is concerned. Act repeal'd Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 329O. No. 128.) An act to alter and amend the road laws of the State of Georgia as applicable to the county of Milton. Whereas, Under the present system of our road laws, the county above-mentioned suffers a great inconvenience, and is compelled to perform a vast deal of labor upon its roads, it

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being a broken and hilly county, and not having enough of men to keep said roads in good condition for the traveling public: therefore Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, section 639 of Irwin's Revised Code, so far as the same is applicable to Milton county, be so amended as to strike out, in the second line of said section, the words at least thirty feet wide, for the roads hereinafter denominated as public thoroughfares or market roads. Section 639 amended. Sec. 2. Be it further enacted , That the Ordinary of the county 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 said county into three distinct classes, as follows: 1. 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. 2. Roads of less public utility, which shall be eighteen feet wide. 3. Roads for the benefit of small neighborhoods, denominated settlement roads, which shall be twelve feet wide. Classification. Sec. 3. Be it further enacted , That it shall be the duty of the road commissioners of said county, with the approval of the Ordinary, to assign to the roads of the first class and second class a competent 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 third class a sufficient number of hands to keep the same in repair, to be worked on when necessary; and, also, to appoint, annually, overseers of said road. Commissioners. Sec. 4. That 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 roads. Overseers. Sec. 5. That every overseer shall forthwith remove all obstacles from his roads, 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. Obstructions. Sec. 6. That it shall further be the duty of the Ordinary of said county, 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,

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using a proper discretion as to number, and making a proper distinction between the roads in the assignment. Ordinary to superintend Sec. 7. Repeals conflicting laws. Approved August 23, 1872. (No. 330O. No. 374.) An act to create a board of commissioners of roads, public buildings and public property and finances for the county of Monroe, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That, at the next regular term of the Superior Court for said county, after the passage of this act, the grand jury of that court shall nominate three honest, discreet and upright citizens, resident in the county of Monroe, for commissioners, as aforesaid, to be approved by the Judge of the Superior Court then presiding at that term of the court. Commissioners. Sec. 2. Be it further enacted, etc. , That the board of commissioners thus created, after having first taken upon themselves the oath of office taken by civil officers of Georgia, each in the presence of each other, shall at once assume the duties hereinafter prescribed, and continue in office until a successor or successors are appointed, which may be by appointment, as above, at either regular term of the Superior Court held in the county of Monroe; such successor, before entering upon the duties of commissioner, shall take upon himself the oath of office, as prescribed in section first herein. Oath of office. Term of office. Sec. 3. Be it further enacted, etc. , That it shall require two of said commissioners to constitute a quorum to transact any business, and two of said commissioners must concur to pass any order or decree, or transact any business pertaining to the duties of said commissioners. Quorum. Sec. 4. Be it 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, road and jury duty. Disabilities. Sec. 5. Be it enacted, etc. , That said board of commissioners shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matter, to-wit: 1. In binding and controlling all property of the county, as they may deem expedient, according to law. 2. In levying a general tax for general purposes, and a special tax for particular

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or special purposes, according to the provisions of the Code and the laws of Georgia. 3. In establishing, altering and abolishing all roads, bridges and ferries in the county of Monroe in conformity to law. 4. In establishing and changing election precincts and militia districts. 5. In examining, settling and allowing all claims against the county of Monroe. 6. 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 speedy settlement. 7. In making such rules and regulations for the support and maintenance of the poor of the county of Monroe, and for the promotion of health, as are granted by law or not inconsistent therewith. 8. In examining the tax digest of the county of Monroe, and reassessing each individual's taxable yroperty, or portion thereof, as they may deem right and proper. 9. In regulating peddling and fixing costs of license therefor. Jurisdiction Sec. 6. Be it 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 Georgia 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 matters of the county of Monroe. Road commissioners. Sec. 7. Be it enacted, etc. , That said board shall hold twelve regular sessions annually at the court-house, one session on the first Tuesday in each and every month: Provided, nevertheless , That a majority of said board may concur in the same in extraordinary session, whenever in the county of Monroe, as in their judgment it may be necessary. Regular sessions. Sec. 8. Be it 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 upon the order of said board of commissioners, as they may see proper to give said clerk; said compensation, however, shall not exceed one hundred dollars per annum. Clerk. Sec. 9. Repeals conflicting laws. Approved August 27, 1872.

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(No 331O. No. 259.) An act to organize a County Court for the county of Muscogee; to define its jurisdiction, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That a court shall be organized in the county of Muscogee, to be called the County Court, the Judge of which shall be called the County Judge; there shall also be a prosecuting attorney, who shall be called the County Solicitor; both the County Judge and the Solicitor shall be appointed by the Governor, with the advice and consent of the Senate, and shall hold their offices for four years from the date of their commissions. County Court. Sec. 2. Be it further enacted , That the Judge shall receive, as a salary from the county funds, the sum of five hundred dollars, and the Solicitor the sum of three hundred dollars, and each shall receive such further costs and compensation as shall be hereinafter provided. Salaries. Sec. 3. Be it further enacted , That the County Judge may admit parties to bail in criminal cases, may issue attachments, foreclose mortgages on personal property, issue distress war rants for rent, possessory warrants, writs of habeas corpus , and other writs or warrants not within the exclusive jurisdiction of some other court or officer, according to the Constitution of this State; he may attest contracts or deeds for registry, administer oaths, exercise all the powers of a Justice of the Peace in criminal matters, issue warrants requiring offenders to be brought before him or some other Judge or Justice, and may sit singly or in conjunction with others, as by law required in a court of inquiry. County Judge. Sec. 4. Be it further enacted , That there shall be four regular terms of the County Court, to-wit: on the second Mondays in March, June, September and December. At said regular terms, the County Court shall have jurisdiction of all criminal offenses less than felony, and of civil cases, whether sounding in contract or damages, between the sums of fifty and two hundred and fifty dollars, and of which exclusive jurisdiction is not by the Constitution of this State vested in some other court. Whenever, during the vacation of said court, the number of persons confined in the common jail on criminal charges, and unable to give bond, shall amount to six or more, the Judge may hold a special session for the trial of criminal cases only. Regular terms. Jurisdiction. Special session. Sec. 5. Be it further enacted , That the clerk of the County Court may be either the County Judge himself, or any person appointed by the Judge, removable at his pleasure, to be paid by him, and for whose good conduct he is responsible. It shall be the duty of the Judge to have a clerk in office in case of his own sickness or absence. The County Judge shall, by

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himself or clerk, keep a strict account of all fines and forfeitures, and other money which comes to his hands as County Judge, or to his clerk in his official character, and shall pay over the same to the County Treasurer, and report such receipts and payments to the grand jury of the county at each session of the Superior Court. It shall be his duty to provide a seal for the County Court as soon as practicable, to be used when necessary by himself or the clerk. Clerk. Fines, etc. Sec. 6. Be it further enacted , That the clerk, or the Judge acting as such, shall keep the minutes of the court, record its proceedings, issue its orders and processes, and keep proper dockets, to-wit: one sub[UNK]na and one execution docket, for the regular sessions of said court, one for criminal cases, one common law docket, for regular sessions, one docket for claims, motions, illegalities and other like proceedings, and any other docket for either session that the Judge may direct. Minutes of court. Sec. 7. Be it further enacted , That the County Court shall be held at the court-house of the county, or at such place as the Judge may direct when the Superior Court of said county shall be in session. The Judge shall have his office at the court-house, or such other place as he shall make notorious to the public. The rules of practice of the Superior Court shall apply, unless specially excepted. Appeals may be taken to the Superior Court under the same rules and regulations as now govern the taking of appeals from the Justices' Courts. Court to be held where. Appeals. Sec. 8. Be it further enacted , That the Sheriff and his deputies, when required by the County Judge or Clerk, shall execute any writ, process or order of the County Court or Judge, and shall attend the sessions of said court; for cases in the County Court, the Sheriff's fees shall be the same as for like cases in the Superior Court; for summoning juries for the regular sessions, his fee shall be six dollars; for each special session, three dollars. Writs, etc. Sec. 9. Be it further enacted , That bailiffs may be appointed by the County Judge, not to exceed four in number, one of whom shall be called special bailiff; they shall each give bond in a sum to be fixed by the County Judge, shall be sworn faithfully to discharge their duties, and be removable at the discretion of the Judge; it shall be the duty of the special bailiff, concurrently with the Sheriff and his deputies, to collect all executions for costs, and, in default of payment, execution shall issue therefor, and ten per cent. additional as commissions for the collecting officer; one or more temporary bailiffs, for particular occasions, may also be appointed without bond, but to be sworn as others; a bailiff's fee shall be the same as the Sheriff's in like cases. Bailiffs. Temporary bailiffs. Sec. 10. Be it further enacted , That all offenses, of which the County Court has jurisdiction under this act, shall be tried on written accusations, setting forth plainly the offense charged, shall be founded upon affidavit containing the name of the

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accuser, and be signed by the County Solicitor; the proceedings, after the accusation, shall conform to the rules governing in the Superior Court in similar proceedings, except that 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. Where any offense is charged, which is in the jurisdiction of the County Court, and, upon the trial thereof, it shall appear that the crime committed is of a grade beyond its jurisdiction, the trial thus began shall be regarded as if before a court of inquiry, and be disposed of accordingly. Offenders. Jury. Sec. 11. Be it further enacted , That every accusation in the County Court shall be in order for trial at the session at which it is preferred, subject to continuance according to the rules of law 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; if the accused has no counsel, and is unable to employ such, it shall be the duty of the Judge to assign counsel for the accused, and issue subp[UNK]nas for such witnesses for his defense, and, if necessary, compel their attendance; the County Judge shall have power to use the county jail for the detention of the accused parties, and for the punishment of those convicted or guilty of contempt; commitments by the County Judge shall be lawful warrants to the jailer, and be by him obeyed. Accusations Counsel. Sec. 12. Be it further enacted , That all civil cases shall be tried by the Judge, without the intervention of a jury, unless the same is demanded by one of the parties to the record, and when so demanded, the Judge shall cause to be summoned from the bystanders, or otherwise, a jury of five men; jurors serving in the County Court shall take the same oath as is provided for like jurors in the Superior Court, and shall be paid in the same manner; all writs returnable to the County Court shall be governed by and subject to the same rules and regulations as now practiced in like cases in the Superior Courts, except that the writ may be filed fifteen days before any regular term of the court, and served by the Sheriff or bailiff ten days prior to the commencement of the term. Civil cases. Oath of jurors. Sec. 13. Be it further enacted , That certioraries may be had, under the sanction and order of the Judge of the Superior Court for Muscogee county, in all cases, civil and criminal, upon the petition in writing, to said Judge, in ten days after the trial, with notice to the opposite party, or his attorneyin criminal cases, to the County Solicitorwhich 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 courtwhich writ of certiorari , being delivered to the County Judge, it shall be his duty to send up to the Judge of the Superior Court, properly certified, a copy of the proceedings

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of the County Court in the case, with a statement 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; the application for writ, or certiorari , shall suspend, for ten days, the sentence in criminal cases, and if the writ is issued, then until the same is decided. Certiorari. Supersedeas Sec. 14. Be it further enacted , That, as soon as practicable after the appointment of the County Judge, under this act, it shall be his duty to draw from the jury-box of said county the names of twelve persons for jurors in criminal cases, seven of whom shall constitute the jury for trial, the defendant having the first strike. Jurors. Sec. 15. Be it further enacted , That it shall be the duty of the County Judge, at the close of every regular term, to draw twelve jurors for service at the succeeding term of the court, in criminal cases, and for service in such special sessions as are provided for in the fourth section of this act. Succeeding terms. Sec. 16. Be it further enacted , That in cases not specially excepted, the Judge's costs shall be the same as those of the Clerk of the Superior Court for like services; the Judge's costs in criminal cases shall be two dollars for every case begun, and two dollars additional for every case tried or transmitted to the Superior Court; the Judge's costs for a case in which discharge or specific performance is prayed, or other like case not claiming money, shall be two dollars; for the foreclosure of mortgages, the partition of personalty, the removal of intruders, trespassers or tenants holding over, forcible entry or detainer, abatement of a nuisance, possessory warrant, habeas corpus , and like cases, three dollars; in cases in which no fees are prescribed, the grand jury may determine what shall be the Judge's costs; the County Solicitor shall receive the same fees as are now allowed to the Solicitor General of the circuit in the Superior Court, for such cases as come within the jurisdiction of the County Court. Costs of Judge. Fees. Sec. 17. Be it further enacted , That the qualifications of the County Judge shall be, first, that he shall be a resident of the county at the time of his appointment, and shall have been a practicing attorney in the courts of this State; the qualifications for County Solicitor shall be the same as for Judge. Judge. Solicitor. Sec. 18. Repeals conflicting laws. Approved August 24, 1872.

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No. 332O. No. 391.) An act to amend an act entitled an act to amend the laws of this State in reference to the revision of jury-boxes of this State, and the drawing of juries, and to provide for their compensation, approved December 11, 1871. Section 1. Be it enacted by the General Assembly , That, from and after the passage of this act, the third section of the act of which this is amendatory shall no longer apply to the county of Muscogee, and that the panels of grand and petit jurors, which already have been, or may hereafter be, drawn for service in the Superior Courts of said county, shall serve for and during the whole terms of said courts, as before the passage of the act of which this is amendatory. Jurors. Sec. 2. Repeals conflicting laws. Approved August 27, 1872. (No. 333O. No. 316.) An act to create a board of commissioners of roads and revenue in the county of Muscogee, and to define their powers. Section 1. Be it enacted , That, from and after the passage of this act, there shall be established, in the county of Muscogee, a board of commissioners of roads and revenue, to consist of three persons, as follows: Peter Preer, William G. Woolfolk and Louis F. Garrard, whose term of office shall be three years from the passage of this act. Commissioners. Sec. 2. Be it further enacted , That the successors of the aforesaid commissioners shall be elected every three years by the grand jury of Muscogee county, at its spring term next preceding the expiration of the term of office of the commissioners aforesaid. Successors. Sec. 3. Be it further enacted , That vacancies occurring from death, resignation or otherwise shall be filled by the remaining commissioners; that the persons chosen to fill the vacancies occurring shall be commissioned for the unexpired term of the outgoing commissioners, and hold office accordingly; that no person shall be eligible as a commissioner under this act unless he has been a resident citizen in the county for at least one year next preceding his qualification. Vacancies. Sec. 4. Be it further enacted , That it shall require two of said commissioners to form a quorum for the transaction of business, and two must concur to pass any order or decree. Quorum. Sec. 5. Be it further enacted , That said board shall have exclusive jurisdiction, when sitting for county purposes, over

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the following subject-matters: 1. Governing and controlling all property of the county, as they may deem expedient, according to law. 2. In levying a general tax for general, and a specific tax for specific county purposes, according to the laws of this State. 3. In establishing and changing election precincts and militia districts. 4. In examining, auditing, 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 bringing them to a settlement. 6. In making such rules and regulations for support of the poor of the county, and promotion of health, as are granted by law, or not inconsistent therewith. 7. In establishing, altering and abolishing roads, bridges and ferries, according to law. Jurisdiction Sec. 6. Be it further enacted , That said board of commissioners shall have the same power in appointing road commissioners and enforcing the road laws as is now held by the Ordinary of said county, and shall exercise such other powers as are granted by the Code of this State to said Ordinary, or as are indispensable to their jurisdiction, and shall have no jurisdiction save and except such as pertains to county matters. Appoint road commissioners. Sec. 7. Be it further enacted , That the said commissioners shall have exclusive control of the prisoners confined in the county jail, shall have power to remove and appoint the jailer, and to fix his compensation and bondsaid compensation not to exceed the amount now allowed by the Code. Prisoners. Sec. 8. Be it further enacted , That said commissioners shall hold four regular sessions annually: Provided, nevertheless , That a majority of the same may convene a session whenever, in their judgment, it may be necessary. Annual sessions. Sec. 9. Be it further enacted , That the Treasurer of the county aforesaid shall not disburse or pay out any of the funds in the county treasury, or any order, unless the same shall have been first countersigned by a majority of said commissioners. Orders on Treasurer. Sec. 10. Be it further enacted , That the said commissioners shall have power to purchase for the county such property as may be sold for State and county taxes: Provided , That they do not pay more than the amount of taxes and costs. Purchase property. Sec. 11. Be it further enacted , That the said commissioners shall keep a written record of all their proceedings in a well-bound book, and shall submit the same for the inspection of each grand jury at its regular sitting. Record of proceedings Sec. 12. Repeals conflicting laws. Approved August 26, 1872.

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(No. 334O. No. 321.) An act to create a board of commissioners of roads and revenue in the county of Oglethorpe; to define the powers and duties thereof, and for other purposes . Section 1. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this act, there shall be established, in the county of Oglethorpe, a board of commissioners of roads and revenue, to consist of five persons, to be elected by the voters of the county and commissioned by the Governor, the first election to be held at the next general election for county officers in said county, said commissioners to hold their offices for the term of four years, and there shall be a regular election every fourth year thereafter upon the day when the Ordinary for said county is elected, said commissioners to be exempt from militia, road and jury duty. Commissioners. Sec. 2. Be it further enacted , That whenever a vacancy shall occur, the remaining members of said board shall have power, and it is hereby made their duty, to fill the same, and any person chosen to fill a vacancy shall be commissioned and hold his office for the unexpired term of the commissioner whom he succeeds; 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, each of said commissioners shall take and subscribe the oath of office required to be taken by all civil officers of this State. Vacancies. Sec. 3. Be it further enacted , That it shall require three of said commissioners to form a quorum for the transaction of business, and they must concur to pass any order or decree. Quorum. Sec. 4. Be it further enacted , That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matters, to-wit: 1. Governing and controlling all the property of the county, as they may deem expedient, according to law. 2. In levying a general tax for general, and a special tax for particular county purposes, according to the provisions of the Code and laws of Georgia. 3. In establishing, altering and abolishing all roads, bridges and ferries in conformity to law. 4. In establishing and changing election precincts and militia districts. 5. In examining, settling and allowing all claims against the county. 6. In examining and auditing the accounts of officers having the care, management, keeping, collecting and disbursement of money belonging to the county, or appropriated for its use and benefits, and bringing them to a settlement. 7. In making such rules and regulations for the support of the poor of the county, for the promotion of their health, as are granted by law, or not inconsistent therewith. 8. In regulating peddling, and fixing cost of license therefor. Jurisdiction

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Sec. 5. Be it further enacted , That said board of commissioners shall have the same power 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 Constitution of this State, and shall exercise such other powers as are granted, by the said Code of this State, to said Justices, or as are indispensable to their jurisdiction, and shall have no jurisdiction save and except such as pertains to county matters. Appoint road commissioners. Sec. 6. Be it further enacted , That they shall hold four regular sessions annually: Provided however , A majority of said board may convene the same in extra session whenever, in their judgment, it may be necessarysaid regular sessions to be held, respectively, upon the first Tuesday in January, April, July and October. Regular sessions. Sec. 7. Be it further enacted , That said board may elect a clerk, whose duttes 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, not to exceed two hundred dollars per annum. Clerk. Sec. 8. Be it further enacted , That said board of commissioners shall keep fair and regular minutes of all their proceedings and orders, which shall be subject to the inspection of any citizen desiring to examine the same. Minutes. Sec. 9. Be it further enacted , That the compensation of said commissioners shall be three dollars per day for each and every day upon which service is actually rendered, to be paid out of the county treasury. Compensation. Sec. 10. Be it further enacted , That in no case shall the Ordinary of said county be a member of said board of commissioners. Ordinary. Sec. 11. Repeals conflicting laws. Approved August 26, 1872. (No. 335O. No. 386.) An act to reduce the amount of the official bonds of certain county officers in the county of Pickens. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia , That, from and immediately after the passage of this act, the official bond of the Sheriff of the county of Pickens shall be four thousand dollars; the official bond of the Clerk of the Superior Court shall be two thousand dollars, and the official bond of the County Surveyor shall be five hundred dollars. Bonds reduced. Sec. 2. Repeals conflicting laws. Approved August 27, 1872.

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(No. 336O. No. 126.) An act to compensate grand and petit jurors in the county of Pike. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, grand and traverse jurors, in the county of Pike, shall be paid, out of the county treasury, two dollars each per day for the time they shall serve as such jurors. Jurors. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 337O. No. 408.) An act to change the lines between the counties of Pike and Monroe. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the lines dividing the counties of Pike and Monroe shall be, and the same are hereby, altered and changed so as to include lots of land numbers 131 and 132, in the third district of Monroe county, in the county of Pike. Line changed. Sec. 2. Repeals conflicting laws. Approved August 27, 1872. Note.A duplicate of this act, (O. No. 102,) approved August 23, 1872, was left out by order of the Governor. (No. 338O. No. 431.) An act to authorize the Ordinary of Richmond county to levy a tax for educational purposes. Section 1. Be it enacted, etc. , That the Ordinary of Richmond county be, and he is hereby, authorized to levy and cause to be collected, on or before the 15th day of October next, such a per cent. on the State tax of 1872 as may be necessary to raise the sum of fourteen thousand dollars, which sum, when paid in, shall be deposited in some solvent bank in the city of Augusta to the credit of the County Board of Education. Tax. Sec. 2. Be it further enacted , That the said board of education shall apply the said funds so deposited, or as much

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of it as may be necessary to the payment of all claims duly audited, and not hitherto paid, which teachers of public schools may hold against the county school fund for services during the year 1871, and also of such claims as teachers of private schools held against said fund for the same year, and which are just and equitable. Fund. Sec. 3. Be it further enacted , That after said claims are fully settled, the remainder of said fund shall be applied by said board to the payment of the liabilities incurred by said board prior to the first day of June, 1872, and if said fund shall not be sufficient to settle such liabilities in full, all duly accredited claims against said fund, including those of teachers of private schools, shall receive a pro rata share of the same. Remainder. Sec. 4. Repeals conflicting laws. Approved August 28, 1872. (No. 339O. No. 105.) An act to regulate public instruction in the county of Richmond. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the first Saturday in January, eighteen hundred and seventy-three, the general interest of education in the county of Richmond shall be confided to the control and management of a board of education, consisting of three legal voters, freeholders in said county, from each militia district, three from each ward in the city of Augusta, and three from each incorporated town or village, other than the city of Augusta, in said county. On the first Saturday in November, eighteen hundred and seventy-two, the legal voters in each district, ward, incorporated town or village, shall elect three freeholders from their number as members of the County Board of Education: 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 November, elect one member of the county board for a term of three years. The Ordinary of Richmond county, for the time being, shall be ex-officio a member of the said County Board of Education. Education. Sec. 2. And be it further enacted , That the said board of education 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 in

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their corporate capacity with the title, care and custody of all school-house sites, school libraries, apparatus or other property belonging to the educational department of the county as now organized or hereafter to be organized, with all power to control, lease, sell or convey the same, in such manner as they may think will best subserve the interest of common schools and cause of education. Board of education. General powers. Sec. 3. And be it further enacted , That the members of the county board shall meet on the second Saturday in January, 1873, at the hour of 12 M., at the court-house, in the city of Augusta; and having administered to each other an oath, or affirmation, faithfully and impartially to discharge the duties of their office, they shall organize by electing one of their number as president, and by electing as secretary any citizen of Georgia, having experience and skilled in the business of education, which latter officer, by virtue of such election, shall become the county school commissioner; the president and county school commissioner shall each hold their offices for the space of three years from and after the day of their installation; ten members of the board shall constitute a quorum for the transaction of business; the board shall have authority to fix the number of and occasion of its regular meetings, and the president may call special meetings: Provided , That all regular or special meetings shall be held in the city of Augusta: And provided further , That no special meeting shall be legal unless after due publication in the city papers, or after special notice from the secretary to each and every member; in the absence of the secretary at any meeting, the president shall appoint a secretary pro tem. , and, in the absence of the president, if a quorum be in attendance, the board may proceed to busines, by electing a president pro tem. ; by a three-fourths vote the county board shall have authority to remove the county commissioner before the expiration of his term of office, and to elect a new commissioner in his stead: Provided , That the said board shall state their reasons for such dismissal to said commissioner, if desired by him; the county board shall also have authority to fill any vacancy which may occur in their number, from any ward-district, incorporated town or village, in said county; and the person chosen by them to fill such vacancy shall serve for the entire unexpired term of the member deceased, resigned or disqualified; if deemed expedient, the board may adopt by-laws for its own government. When to meet. Term of office. Meetings. Proviso. Vacancies. By-laws. Sec. 4. And be it further enacted , That, at each regular meeting of the County Board of Education, or, in cases of necessity, at other times, the county school commissioner shall hold public examinations of any persons who may apply for license to teach within the county of Richmond: Provided , That at least two members of the board are present at every examination; any member of the board shall have authority

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to invite three suitable persons to assist in such examination of teachers; if, from the ratio of correct answers, or other evidences disclosed by the examination, the applicant is found to possess that knowledge, and those traits of mind and character which, in the estimation of the board, will enable said applicant to govern a common school, and successfully to teach orthography, reading, writing, arithmetic, English grammar and geography, or such of said branches as, in the discretion of the board, may be required for the school in which the applicant desires to obtain employment as teacher, then the board shall furnish such applicant with a license, signed by the president and secretary, such license being of the first, second or third grade, according to the ratio of correct answers, or other evidences of qualification given upon said examination; the standard grades of license shall be those fixed by the State Commissioner, and said license shall be good for one, two or three years, according to its grade. All applicants, before being examined, shall produce, before the board, satisfactory evidence of good moral character; the possession of a diploma, from any regular college, by an applicant to teach, shall be sufficient evidence of qualification without further examination. Applicants. Licensedwhen. Sec. 5. And be it further enacted , That the County Board of Education shall control the financial department of the public school system. On or before the fifteenth day of December, in each year, the State School Commissioner shall remit, at his discretion, such quota of the public school fund as may be apportioned to Richmond county, to any solvent chartered bank in the city of Augusta, to be selected by him for this purpose, and deposit the same therein to the credit of the County Board of Education. In the same bank the County Tax Collector shall deposit, to the credit of the county board, all amounts he may collect under any school tax levied as hereinafter provided. Certificates of deposit from such bank shall be sufficient and legal receipts to the State Commissioner and the Tax Collector, for all intents and purposes, of their respective offices, under the laws of this State. No portion of the school fund shall be drawn from the bank except upon checks, supported by sufficient vouchers, authorized by the County Board of Education and signed by its president and secretary: Provided , That it shall be competent, at any time, for the county board, under orders from the State School Commissioner, to withdraw the county school fund from the bank which he may previously have designated, and deposit the same in any other bank which he may thereupon deem it proper to designate: And provided further , That in case of war, or other unusual emergency, the county board shall have authority to take whatever steps are necessary for the safe custody of said county school fund: And provided further , That, in the expenditures by the board of the county

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school fund, one-third of such fund shall be equally divided between the several school districts, and the remainder, after paying all proper expenses of the board at large, be apportioned upon the basis of the aggregate number of youths in such districts between the ages of six and eighteen years. The quota apportioned for each school district shall be used for such purposes as may be prescribed by the local trustees for such school districts as hereinafter provided. The county school board shall fix the salaries and superintend the payment of the teachers. The account of every teacher must be indorsed by at least two members of the board from the school district in which the teacher is employed, certifying that the amount is correct and has not been paid, and that the teacher has furnished all reports and statements as required by law. The county board shall have authority to pay any account rendered by the keeper of a private school for any children between the ages of six and eighteen years, actual residents of Richmond county: Provided , That such accounts shall be certified in the same manner as those of teachers regularly appointed for the public schools: And provided further , That the said private teacher shall have received a regular certificate of competency from the county board. Finances. Proviso. Salaries. Accounts. Proviso. Sec. 6. And be it further enacted , That the members of the county board shall act as trustees for their respective school districts. As trustees in such districts, they shall have exclusive authority to employ and dismiss teachers; to examine and pass upon teachers' accounts before presentation of the same to the county board; to visit and examine the schools within their jurisdiction as often as they may deem necessary, inviting, whenever expedient, proper persons to assist them in such duty: Provided , That the trustees shall not employ as teachers any person who is without a certificate of competency from the county board. The trustees in any ward or school district shall have authority to exclude any book or books from use in the exercises of any school within their jurisdiction, when, in their judgments, such course may be deemed wisest and best. It shall be the duty of the trustees to record their proceedings in a book provided for the purpose, together with the minutes of all school meetings held within their respective school districts, which minutes shall be signed by a majority of such trustees. The trustees in each school district shall have exclusive authority to establish such schools within their jurisdiction as, in their judgment, may be expedient. Trustees. Proviso. Shall keep record. Sec. 7. And be it further enacted , That in all matters mentioned in section six, the trustees shall be free and independent of the county board; but it shall be the duty of the said trustees to manage and control the other local interests of their respective school districts, subject to the rules and regulations prescribed by the county board at large. The

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trustees shall not have authority to levy any tax for local expenses, but shall certify and forward all bills, claims or accounts pertaining to their school districts to the county commissioner for the approval of the county board. Should the local trustees in any school district fail to discharge their duties in regard to the school within their jurisdiction, it shall be the duty of the board at large to perform such duties and secure to such schools the same privileges enjoyed by other schools in the county. Duties of trustees. Sec. 8. 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 day of October, in each year, an enumeration of all the unmarried whites and colored youths, nothing them separately, between the ages of six and eighteen years, residents within such school district, and not temporarily there, designating between male and female, and return a certificate copy thereof to the county commissioner. Enumeration. Sec. 9. And be it further enacted , That the County Board of Education, under the advice and assistance of the trustees in each ward or school district, shall make all necessary arrangements for the instruction of the white and colored youth in separate schools; they shall provide the same facilities for each, both as regards school-houses and fixtures, attainments and abilities of teachers, length of term time, and all other matters appertaining to education, but in no case shall white and colored children be taught together in the same school. Separate schools. Sec. 10. And be it further enacted , That the County Board of Education may establish schools of higher grade, at such points in the county as the interests and convenience of the people may require, which school shall be under the special management of the board at large, who shall have full power, in respect to such schools, to employ, pay and dismiss teachers, to build, repair and furnish the school-house or 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; the funds for such purpose shall be deducted ratably from the quota apportioned to the respective school districts. High schools. Sec. 11. And be it further enacted , That each member of the County Board of Education shall receive the sum of two dollars for his services at each meeting of said board, upon which he shall be in actual attendance, which amount shall be paid out of the school fund in the same manner as other bills: Provided , That no member of the said board shall receive more than two dollars for services during any one month: And provided further , That the members of said board shall not receive any compensation for their services as trustees in their respective school districts. Compensati'n of board Sec. 12. And be it further enacted , That it shall be the duty of the county commissioners to be present at the meetings

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of the board, and record in a book, provided for the purpose, all their official proceedings, which shall be a public record open to the inspection of any person interested therein; all such proceedings, when so recorded, shall be signed by the president and county commissioner, as secretary of the board. The county commissioner shall also provide a blank book, in which he shall keep the minutes of his own official proceedings; he shall deliver to his successor said record and all the books, papers and property appertaining to his office; 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 the number of males and females, the number, but not the names, of all whose applications for licenses have been rejected, and also the names of those whose licenses have been revoked. County commissioners. Duties of. Sec. 13. And be it further enacted , That the county commissioner shall constitute the medium of communication between State and school commissioner and subordinate school officers, and also between the State School Commissioner and the schools; he shall visit every school in the county, at least once in every two months, for the purpose of increasing their usefulness, elevating, as far as practicable, the poorer schools to the standard of the best, endeavoring to promote uniformity in their organization and management, and to secure their obedience to the school laws, and their compliance with the regulations of the State School Commissioner; he shall receive from the trustees their reports of enumeration, and all other reports required by law from the said trustees, and he shall gather all necessary information in regard to private schools, high schools, colleges and other institutions of learning, and, combining such information, he shall forward to the State School Commissioner, on or before the first day of November in each year, a complete report of the educational facilities afforded by the county; he shall advise with the trustees and teachers in regard to all matters pertaining to their respective duties, furnishing them with regular forms, blanks, instructions, regulations and reports, issued from the Department of Education. Communitionmedium of. Reports. Sec. 14. And be it further enacted , That the county commissioner shall receive for his services such compensation as the County Board of Education may, from time to time, prescribe, to be paid out of the county school fund in the same manner as other bills. Compensation. Sec. 15. And be it further enacted , That the county commissioner shall have power, and it shall be his duty to revoke any teacher's license, granted by him or his predecessors, when such teacher shall prove incompetent, or be guilty of immorality, cruelty or general neglect of his or her school duties; this revocation of license shall terminate the connection of the teacher with any school which he or she may have been employed

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to teach; but the teacher so dismissed shall have the right of appeal to the County Board of Education, whose decision shall be final, unless appeal is made to the State School Commissioner within ten days after such decision; pending such appeal or appeals, the person so dismissed shall not be allowed to discharge the duties of teacher in any public school in the county of Richmond. Revoke license. Appeal. Sec. 16. And be it further enacted , That at their first meeting in January of each year, or as soon thereafter as practicable, the county board, by a two-thirds vote of all its members, shall levy such tax as they may deem necessary for public school purposes; it shall be the duty of the county commissioner to make out an assessment and return of such tax against all the legal tax-payers in the county, and furnish a copy of said assessment and return to the County Tax Collector, whose duty it shall be to collect the said tax, and deposit it to the credit of the county board, in such bank in the city of Augusta as may be designated by the State Commissioner for the deposit of the county school fund. Levy tax. Sec. 17. And be it further enacted , That it shall be the duty of teachers conscientiously, to the utmost of their capacity, to instruct the youth committed to their care, imparting to them knowledge of the studies embraced in the curriculum of the school, instilling into their minds and hearts the eternal principles of right and truth, and endeavoring to inspire their natures with courage, love of country and reverence for the great and good. Teachersduty. Sec. 18. And be it further enacted , That it shall be the duty of the teachers to make and file with the county commissioners, at the expiration of each school term, full and complete reports of the whole number of scholars admitted to their respective schools 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 branch, and such other statistics as may be required by the trustees of the State School Commissioner; it shall not be lawful for said trustees to audit the account of any teacher who has not rendered all reports required by law. Must file reports. Sec. 19. And be it further enacted , That admissions to all the public schools of the county shall be gratuitous to minors, between the ages of six and eighteen years, who are the children, wards or apprentices of actual residents in Richmond county: Provided , That the county board shall have power to admit to said public schools other pupils, upon such terms, or the payment of such tuition, as the board may prescribe. Admission free. Sec. 20. And be it further enacted , That no general law upon the subject of education, now in force in this State, or hereafter to be enacted by its General Assembly, shall be so construed as to interfere with, diminish or supersede the

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rights, powers and privileges conferred upon the board of education of Richmond county by this act, unless it shall be so expressly provided by designating the said county and board under their respective names. General law. Sec. 21. Repeals conflicting laws. Approved August 23, 1872. (No. 340O. No. 364.) An act to amend an act entitled an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so far as the same relates to the county of Screven. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, so much of the provisions of the above recited act which authorizes the levying and collection of a tax for the payment of the County Judge, for his services as Judge in criminal matters, shall no longer apply to said county of Screven. County Judge. Sec. 2. Be it further enacted , That the County Judge and bailiff of said County Court of Screven county shall receive the same costs in all insolvent criminal cases as are prescribed for other cases in the thirteenth section of the act of which this is amendatory. Costs. Sec. 3. Be it further enacted , That it shall be the duty of said County Judge to have entered upon the minutes of said criminal court, of said county, an itemized statement of the amount of insolvent criminal costs due him and the bailiff, or other officer, separately, which amount shall be paid only out of money realized from fines and forfeitures paid to the County Treasurer, under the provisions of the above recited act. Statement. Sec. 4. Be it further enacted , That it shall be the duty of the County Treasurer, of said county, to keep a separate statement of said fine and forfeiture money paid over to him, and to disburse the same first in the payment, according to their date of said insolvent costs, after the same has been duly authenticated. County Treasurer. Sec. 5. Be it further enacted , That nothing in this act shall be so construed as to authorize the appointment of a County Judge in said county, except as is provided in the first section of the above recited act. Sec. 6. Repeals conflicting laws. Approved August 26, 1872.

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(No. 341O. No. 123.) An act to amend an act for the election and creation of a board of county commissioners for the county of Screven, define their duties, and for other purposes, approved December 9, 1871. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the next board of commissioners for the county of Screven, to be elected on the third Wednesday in January next, and all succeeding boards of commissioners, shall hold their office for two years, and until their successors are elected and qualified: Provided , That any person or persons elected to fill a vacancy or vacancies shall hold office only for the unexpired term of their predecessors. Commissioners. Sec. 2. Be it further enacted , That all elections, after the next election, shall be biennial. Election. Sec. 3. Be it further enacted , That each commissioner shall be entitled to five dollars per day, to be paid out of the county treasury, for his actual attendance on the twelve regular monthly sessions of the commissioners' court: Provided , That the grand juries of the spring terms of Screven Superior Court do not recommend a smaller amount: And provided further , That the present board of county commissioners shall receive such compensation as the grand jury of the next fall term of said Superior Court may recommend. Compensation. Sec. 4. Repeals conflicting laws. Approved August 23, 1872. (No. 342O. No. 322.) An act to organize a criminal court in the county of Screven. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the Justice of the Peace and Notary Public and ex-officio Justice of the Peace residing in the militia district in which the county-town of Screven county is situated, shall have power 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. Try misdemeanors. Sec. 2. Be it further enacted , That said officers shall hear and determine such criminal cases that may come before them immediately, unless good cause be shown for a continuance, and in no event shall a continuance be granted for a longer time than is necessary, with proper diligence, to procure the attendance of the witnesses for and against the prisoner: Provided ,

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That nothing herein contained shall force the prisoner to trial, if from providential causes he is unprepared. When decided. Sec. 3. Be it further enacted , That all such offenses shall be tried before the court herein established, upon written accusation, founded upon affidavit, which accusation shall distinctly set forth the nature of the offense, the time when committed, and shall be signed by the accuser or prosecutor. Trial. Sec. 4. Be it further enacted , That there shall be no jury trial before said court, unless demanded by the accused, in which event the jury shall consist of seven men, competent to serve as jurors in this State; and when demanded by the accused, said court shall order their bailiffs or attending officers to summon a jury of twelve men, from whom said jury of seven shall be selected by striking, the accused having the first strike. Jury trial. Sec. 5. Be it further enacted , That any Justice of the Peace or Notary Public ex-officio Justice of the Peace of said county may commit to the court herein established any offender charged with any offense below the degree of felony. Committedhow. Sec. 6. Be it further enacted , That it shall be the duty of the court to have indorsed upon the written accusation, signed by the accuser or prosecutor, the words indictment by the grand jury waived, and said indorsement shall be signed by the accused or his counsel, and in the event that the accused shall fail to sign said waiver, it shall be the duty of said court to proceed to hear evidence, and, if probable guilt is made to appear, to commit said prisoner, as heretofore practiced, to the Superior Court of said county. Indictment. Sec. 7. Be it further enacted , That where an indictment is pending against any person in the Superior Court of said county for an offense below the degree of felony, the Judge of said Superior Court may, in his discretion, have the case or cases transferred, to be tried upon said indictment before the court herein established, in which event it shall not be necessary for the indorsement provided for in the foregoing section to be made; but said court shall proceed to try all such cases without unnecessary delay. Persons indictedhow tried. Sec. 8. Be it further enacted , That when any case shall be brought before this court for trial, and, after evidence heard, it is made to appear that the offense is not below the degree of felony, it shall be the duty of said court, if probable guilt is made to appear, to bind the offender over to the next Superior Court of said county, and, on failure to give the bond required, to commit said offender to jail. Felonyhow disposed of. Sec. 9. Be it further enacted , That it shall be the privilege of any defendant to sue out a writ of certiorari from the decision of the court, or verdict of the jury, or both, under the same rules and regulations as are prescribed in civil cases: Provided , That immediate notice be given of an intention to

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certiorari: And provided further , That fifteen days be given said defendant to obtain the sanction of the writ of certiorari . Certiorari. Proviso. Sec. 10. Be it further enacted , That said court shall have power to appoint one or more bailiffs, when necessary, who shall take the usual oath prescribed for other ministerial officers, and shall give bond in the sum of five hundred dollars for the faithful performance of their duty: Provided , That any Sheriff or constable may act as such bailiff. Bailiffs. Sec. 11. Be it further enacted , That said court shall receive four dollars for each case tried, and the bailiffs the same fees prescribed for Sheriffs performing similar services, which sum shall be paid by the accused when convicted; and it is hereby made the duty of the officer arresting the party to seize a sufficiency of the property of the accused to pay the cost, and, if personal property, to retain the same in his possession until the accused shall have been acquitted or convicted; and, in the event the accused is convicted, and fails to pay the cost, it shall be the duty of the bailiff or other officer to advertise the same for ten days at the court-house, if personal, if real property, in the public gazette in which the county sales are advertised, and shall, on the day specified in said advertisement, sell said property to the highest bidder, and the money thus realized shall be applied to the payment of the cost: Provided , That in every case where it shall be made to appear to the court that the accuser acted maliciously, or where the jury shall so find, then, in that event, the prosecutor shall pay the cost. Fees. Cost. Sec. 12. Be it further enacted , That said court shall keep a docket of all cases brought before it, and a book to record all their actings and doings, the amount of fines paid in, and how disposed of; and it shall be the duty of said court to pay over to the county treasury, immediately, all fine money received after paying all insolvent costs due, and it shall be the further duty of said court to lay before each grand jury a full account of the disposition of all fine money received. Docket. Fines. Sec. 13. Be it further enacted , That none of the officers of said court shall receive any other compensation, nor shall be paid in any other way, save as provided for in this act. Entitled [Illegible Text] no other [Illegible Text]. Sec. 14. Be it further enacted , That either the Justice of the Peace or Notary Public, when it is not convenient for both to sit at the same time, may hear and determine the case or cases submitted, and the decisions rendered by the Justice or Notary alone, or any act done by either as a court, shall have all the legal effect as if rendered or done by both, and should the Notary and Justice fail to agree, it shall be the privilege of the accused to say which one of the officers shall pronounce the decision, which decision, so pronounced, shall be the judgment of the court. May no sit together. Sec. 15. Be it further enacted , That said court shall have

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the same powers in enforcing its judgment or processes, and in preserving order, that are given to other courts. Judgments. Sec. 16. Be it further enacted , That this act shall continue in force until a County Judge has been appointed under the existing County Court act. Duration. Sec. 17. Repeals conflicting laws. Approved August 26, 1872. (No. 343O. No. 428.) An act to provide for the payment of insolvent cost to the county officers of the county of Spalding. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, it shall and may be lawful for any county officer in Spalding county to lay before the grand jury, at each term of the Superior Court of said county, a statement of the amount of insolvent costs in criminal cases claimed, and, if the grand jury is satisfied that the service, for which the cost is claimed, has been rendered, and that the claim is insolvent, they, by their foreman, may approve the same, and, when so approved, the County Treasurer shall pay the same out of any money in the treasury not otherwise appropriated. Insolvent cost. Sec. 2. Repeals conflicting laws. Approved August 29, 1872. (No. 344O. No. 197.) An act to authorize the Ordinary of Stewart county to levy a tax to pay off the indebtedness of the county upon poor-school accounts for the years 1868, 1869 and 1870. Whereas, The grand juries of said county having failed to assess, annually, enough to pay off the indebtedness of the county for poor-school purposes during the years 1868, 1869 and 1870, and there being no funds in the hands of the Ordinary to pay off the balance due the teachers upon their tuition accounts for said years; and whereas, said accounts have been regularly audited and allowed as required by law, and there yet remains due upon said accounts nearly fifteen hundred dollars, which ought to be paid without further delay; and whereas, the law passed October 13, 1870, to establish

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a system of public instruction, repealed the law authorizing the Ordinary, upon recommendation of the grand jury, to pay off said indebtedness Preamble. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Ordinary of the county of Stewart be, and he is hereby, authorized and directed, upon the recommendation of the grand jury of said county, to levy a special tax, and cause the same to be collected, sufficient to realize the sum of fifteen hundred dollars, or so much thereof as may be necessary to pay off the balance due the teachers of said county upon their accounts for tuition for poor children of said county for the years 1868, 1869 and 1870. Special tax. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 345O. No. 149.) An act to authorize the Ordinary of Talbot county to permit the erection of gates across public roads in said county, under certain circumstances, etc. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That, from and after the passage of this act, the Ordinary of Talbot county is hereby authorized to permit the erection of gates across public roads in said county, upon certain conditions hereafter set forth. Gates. Sec. 2. That on all public roads in said county, where the same can be done without inconvenience to the public, the Ordinary for said county may permit the erection of a gate, by requiring a petition to be filed, signed by the citizens living immediately on and contiguous to said road, setting forth the reason for the erection of said gate, the good to be derived, etc. When such petition shall have been filed, it shall be the duty of the Ordinary to give notice of the filing of such application, in one of the public gazettes in said county, once a week for four weeks, and also give a written notice, by posting the same at the nearest public place to the spot where the proposition is made to erect the gate, for thirty days, in which notice, both in the gazette and written, the Ordinary shall state the day and hour when he will pass upon said application. Petition Ordinary. Notice. Sec. 3. Be it further enacted , That, on the day set apart for the purpose of passing upon said application, any citizen objecting may come in, either by counter-petition or otherwise,

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and oppose the erection of said gate; and when the Ordinary shall have heard all evidence for and against said application, he may grant an order permitting the erection of said gate, or an order rejecting the said application, as to him shall seem wise and just. Counter-petition. Sec. 4. Be it enacted , That the petitioner shall be bound for all costs, including advertising, which may be incurred; and if not promptly paid, the Ordinary shall issue a fi. fa. against him for the amount of cost. Cost. Sec. 5. Repeals conflicting laws. Approved August 23, 1872. (No. 346O. No. 281.) An act to prevent the hounding and killing of deer in the counties of Talbot, Marion and Taylor, between the fifteenth day of April and the fifteenth day of September. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and immediately after the passage of this act, it shall be unlawful for any person to hound or kill deer in the counties of Talbot, Marion and Taylor, between the fifteenth day of April and the fifteenth day of September, in each year. Hounding deer. Sec. 2. Be it further enacted , That any person or persons violating the provisions of this act shall, upon conviction, be fined in a sum not less than ten nor more than thirty dollars, or imprisonment in the county jail not to exceed thirty days, or both, at the discretion of the court. Penalty. Sec. 3. Repeals conflicting laws. Approved August 24, 1872. (No. 347O. No. 33.) An act to change and straighten the line between Taylor and Talbot counties. Section 1. Be it enacted , That the line between the counties of Taylor and Talbot shall be as follows, to-wit: Begin where the road leading from Walker's Ferry to Prattsburg enters lot of land No. 81, in the twenty-fourth district of Talbot county, and run due south to the southeast corner of lot No. 145, in the fifteenth district of Taylor county; thence due west to

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where the road leading from Prattsburg to Daviston crosses the branch on the Grig's lot of land No. 177; thence straight to the 12-mile post on the wire road on lot No. 214, in the fifteenth district of Talbot county. New line. Approved August 12, 1872. (No. 348O. No. 377.) An act to authorize the Ordinary of Telfair county to issue county bonds to aid in the completion of the court-house in said county, etc. Section 1. Be it enacted , That, for the purpose of completing the new court-house now being erected at the county-site of Telfair county, the Ordinary of said county be, and he is hereby, authorized to issue county bonds to the amount of one thousand dollars, of one hundred dollars each, payable in one, two and three years, and bearing eight per cent. interest; that is to say, three bonds payable in one year, three in two years, and four in three years from the date of the same. Bonds. Sec. 2. Be it further enacted , That the Ordinary aforesaid be, and he is hereby, authorized to negotiate said bonds upon such terms as, in his judgment, may be best for the interest of the county, and apply the proceeds to the completion of the new court-house now being erected in said county. Ordinary may negotiate. Sec. 3. Be it further enacted , That the property of the county be, and the same is hereby, pledged for the payment of said bonds and the interest on the same, and that the Ordinary cause a tax to be assessed and collected as an additional per cent. upon the usual county tax, from time to time, as such payments may fall due, for the purpose of meeting the same. Sec. 4. Repeals conflicting laws. Redemption Approved August 27, 1872. (No. 349O. No. 254.) An act to change the line between the counties of Terrell and Webster. Section 1. The General Assembly of the State of Georgia do enact , That the line between the counties of Terrell and Webster be so changed as to include in Terrell county lot of land No. 225, whereon M. H. Marshall now lives, and situated in Webster county. Line changed. Sec. 2. Repeals conflicting laws. Approved August 24, 1872.

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(No. 350O. No. 103.) An act to exempt road commissioners of the county of Troup from the performance of jury duty. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That the road commissioners of the said county of Troup, regularly appointed by the existing laws of the State, be, and they are exempt from the performance of jury duty so long as they remain such commissioners. Exempt from jury duty. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 351O. No. 182.) An act to organize a Criminal Court for the county of Troup. Section 1. Be it enacted by the Senate and House of Representatives, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, it shall be lawful for the Justices of the Peace and Notaries Public, appointed by the Governor, in the county of Troup, in this State, living in the militia district in which the city of La-Grange is situated, or in any militia district in said county having an incorporated town within its limits, to try all offenses committed against the laws of this State, in said county, except such offenses as are punishable by death or imprisonment in the penitentiary of this State. Who may try misdemeanors. Sec. 2. Be it further enacted , That said officers, mentioned in the first section of this act, shall hear and determine each criminal case that may come before them, immediately, unless good cause be shown authorizing a continuance, and in no case shall a continuance be allowed for a longer time than is necessary, with proper diligence, to procure the attendance of the witnesses, and other legal evidence for and against the prisoner: Provided , That nothing herein contained shall be so construed as to force the prisoner to trial if, from providential cause, he is unprepared. Continuances. Sec. 3. Be it further enacted , That all offenses tried before said court shall be upon a written accusation, founded upon affidavit, which affidavit shall distinctly set forth the nature of the offense, the time when committed, and by whom committed, and the accusation shall follow the affidavit, and shall be signed by the accuser: Provided , Every affidavit and accusation shall be deemed sufficiently technical and correct which states the offense in the terms and language of the

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penal code of this State, or so plainly that the nature of the offense charged may be easily understood. Offendershow tried. Sec. 4. Be it further enacted , That where the cause is postponed to a future day, by either the party defendant or the prosecutor, it shall not be necessary to commit the offender to jail, pending the continuance: Provided , He shall, in the opinion of the court, give sufficient bail for his appearance before the court, at the time and place to which the case is continued, and to abide the judgment of the court. Bail. Sec. 5. Be it further enacted , That there shall be no jury trial before said court unless demanded by the accused, in which event the jury shall consist of seven men, competent to serve as jurors in said county, under the laws of this State, and when demanded by the accused, the said courts shall require their bailiffs to summon a jury of twelve men, and when said jury shall have been summoned and assembled, the accused and the accuser shall proceed to strike as provided heretofore, in cases of appeal, until the number shall be reduced to seven, and when the striking shall have been completed, the court shall order the parties to proceed to trial. Jury trial. Sec. 6. Be it further enacted , That it shall be the duty of the court to have indorsed upon the written accusation made by the accuser, the following words: Indictment by the grand jury waived, and said indorsement shall be signed by the accused, or his counsel, before the trial, but in the event the accused shall refuse to sign the waiver, it shall be the duty of the court to proceed to hear evidence against the accused as a court of inquiry, and examine into the accusation against the accused, as provided by the penal code of this State, and if probable guilt is made to appear, it shall be the duty of the court to commit the accused, or admit him to bail as heretofore authorized by the laws of this State. Waive indictment. Sec. 7. Be it further enacted , That said courts, sitting as a court of inquiry, or for the final trial of causes brought before the court, shall have power to compel the attendance of witnesses residing within the county, to produce books and papers, and such other powers as are incident to courts of this State. Witnesses. Sec. 8. Be it further enacted , That whenever any case shall be brought before the courts for the purpose of trial, and it shall appear from the evidence to the courts that the accused is guilty of an offense punishable 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 of the accused to give bail required by the court, if the offense be bailable, shall be committed to jail. In case of felony. Sec. 9. Be it further enacted , That it shall be the privilege of the defendant to sue out a writ of certiorari from the decision

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of the court and verdict of the jury before which the trial is had, under such rules and regulations as are now prescribed for suing out certioraris in civil cases: Provided , That no writ of certiorari shall be granted unless the accused shall first have filed an affidavit that he is advised and believes that he has a good cause for certiorari , and that he has not had a fair and legal trial, and that he had been wrongfully or illegally convicted, and that he does not make the application for the purpose of delay only, and that the facts stated in his petition for certiorari , as far as derived from his knowledge, are true, and from the knowledge of others he believes them to be true. Certiorari. Proviso. Sec. 10. Be it further enacted , That either the Justice of the Peace or Notary Public, when it is not convenient for both to sit at the same time, may hear and determine the cases or causes submitted, and the decision rendered by the Justice or Notary alone shall have all the legal effect as if rendered by the joint act of both; and should the Justice and Notary fail to agree when sitting together, it shall be the privilege of the accused to say which one of the officers presiding shall pronounce the decision, and the decision so made shall be the decision of the court. Justice and Notary Public. Sec. 11. Be it further enacted , That said court shall receive two dollars for each cause tried, which sum shall be paid by the accused, when convicted, in addition to the fees allowed Justices of the Peace and Notaries Public under the laws of this State; and it is hereby made the duty of the officer arresting the party accused to seize a sufficiency of the property belonging to the accused to pay the cost, and, if personal property, retain the same in his possession until the accused shall have been convicted or acquitted, and in the event of conviction shall fail or refuse to pay the cost, it shall be the duty of the officer to advertise the same for ten days, if personal property, and sell a sufficiency of the same to pay all costs; if real estate, the officers seizing the same shall turn the papers over to the Sheriff of the county, together with his entries thereon, who shall proceed to advertise and sell a sufficiency of the same, as in cases of other Sheriff sales, to pay all costs; and all moneys arising from the sale of defendant's property, as provided by this act, shall first be applied to the payment of the cost of selling and the trial of the defendant, and the remainder, if any, returned to the defendant: Provided , That in every case where it shall clearly appear to the court trying the cause, or the jury, that the accuser acted maliciously, then, in that event, they shall tax the accuser with the cost, and the accuser shall be subject to the like penalties and liabilities as the accused in cases of conviction. Costs. Sec. 12. Be it further enacted , That the courts trying any cause under this act, in case of conviction of the accused, shall have power and authority to sentence and impose such

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fines and penalties upon the defendant, as are prescribed by the penal code of this State, for the offense of which the defendant was tried and convicted. Fines and imprisonment. Sec. 13. Be it further enacted , That the courts trying causes, under this act, shall be authorized to appropriate, out of such funds and forfeitures as may be paid into said court, a sufficient sum to pay the cost in insolvent cases, and in cases where the defendant is not convicted and the accuser is not required to pay the costs as required by this act; and it shall be the duty of said courts to make a return to the first grand jury of every term of the Superior Court of the county, the amount of the fines and forfeitures received by them, and in what manner the same has been appropriated, and shall pay over to the County Treasurer, for county purposes, all sums remaining in their hands, arising from fines and forfeitures, after deducting the cost of the cases provided for by this act, and, in case of failure or neglect of any Justice of the Peace, or Notary Public, to pay over any sum remaining in their hands, after said costs are deducted, from fines and forfeitures as required by this act, said Justice of the Peace, or Notary Public, shall be subject to all the pains and penalties provided by the law of this State against Justices of the Peace for malpractice in office. Insolvent costs. Returns. Sec. 14. Repeals conflicting laws. Approved August 23, 1872. (No. 352O. No. 307.) An act to authorize the payment of costs due the officers of court of Troup and Dougherty counties and Solicitors General, and to provide therefor. Section 1. Be it enacted by the General Assembly of Georgia , That the County Treasurer of said county be required to pay to said officers the sums due them, respectively, for insolvent costs on orders which were entered, allowed and become due prior to the first day of July, 1872, upon recommendation of the grand jury, and 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. Insolvent costs. Sec. 2. Be it further enacted , That the Ordinary of said county be required to levy, if necessary, a special tax, and have the same collected, for the payment of said costs. Special tax. Sec. 3. Be it further enacted , That the provisions of this

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act shall apply to, and be of force in, the county of Dougherty. Apply to Dougherty. Sec. 4. Repeals conflicting laws. Approved August 26, 1872. (No. 353O. No. 47.) An act to authorize the Ordinary of Twiggs county to borrow money upon the credit of the county, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That the Ordinary of Twiggs county be, and he is hereby, authorized to borrow upon the credit of said county a sum of money not to exceed four thousand dollars, said amount so borrowed to be used in the payment of the ordinary expenses for the year 1872. Authorized to borrow money. Sec. 2. Repeals conflicting laws. Approved August 19, 1872. (No. 354O. No. 124.) An act to authorize the Ordinary of Twiggs county to levy and collect an extra tax to pay the Tax Collector of said county of Twiggs for the year 1871, for extraordinary services rendered in collecting the tax for the year 1871. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Ordinary of Twiggs county be, and he is hereby, authorized to levy and collect an extra tax in said county to pay the Tax Collector for additional services rendered in collecting the tax for the year 1871. Extra tax. Sec. 2. Repeals conflicting laws. Approved August 23, 1872.

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(No. 355O. No. 395.) An act to require the Ordinary of Upson county to let out contracts for public bridges and other public work in the county of Upson by plans and specifications, and for other purposes. Section 1. Be it enacted , That, from and after the passage of this act, the Ordinary of Upson county be, and he is hereby, required to let out all contracts for building public bridges, and other public work, by plans and specifications, as follows: prior to letting out a contract for any public work, the Ordinary shall, for ninety days, advertise, in a newspaper having the largest circulation in the county, and also at the court-house door and three other prominent and conspicuous places in the county, stating the kind and character of the work to be done, the time within which the same is to be done, and ask that bids with plans and specifications be submitted in writing. Contracts. Sec. 2. Be it further enacted , That at the expiration of the time appointed for bidding, the Ordinary shall proceed to open the bids in the presence of the road commissioners of the district in which the work is to be located, who shall, together with said commissioners, examine each bid and the plans and specifications accompanying the same, and award the contract to such bidder, who, in their judgment, proposes to do the work in the best and most substantial manner, for the lowest price. Lowest bidder. Sec. 3. Be it further enacted , That no bond shall be required of the contractor or contractors, but that said public work, so let out, shall be kept up by the county, after the work is received by the Ordinary and the road commissioners, as aforesaid, and that said county of Upson shall be liable for all damages growing out of or springing from a neglect to keep up in good repair said public work or works so constructed, as though the contractor or contractors had given bond as now required by law. To be kept up by county. Sec. 4. Repeals conflicting laws. Approved August 27, 1872. (No. 356O. No. 206.) An act to legalize the drawing of jurors in the county of Walker, and for other purposes. Whereas, At the February term, 1872, of the Superior Court of Walker county, grand and petit jurors were regularly

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drawn for the ensuing term of said court, to be held on the last Monday in August, 1872; and whereas, the list of said jurors was lost or stolen from the Clerk of said court, before the same was placed upon record; and whereas, the jury list of said county was revised on the first Monday in June, 1872, at which time the jury commissioners proceeded to draw a new jury in lieu of the one so lost as aforesaid; and whereas, doubts are entertained of the legality of said drawing Preamble. Section 1. Be it therefore enacted by the General Assembly of the State of Georgia , That the said drawing of grand and petit jurors by the commissioners aforesaid be, and the same is hereby, declared to be legal, to all intents and purposes, as if the same had been drawn by the Judge of the Superior Court in open court. Drawing of jurors. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 357O. No. 203.) An act to create a board of commissioners of roads and revenue for the counties of Ware and McDuffie, and to provide for the election of the same. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, there shall be a board of commissioners of roads and revenue for the counties of Ware and McDuffie, to consist of three persons, to be elected at the same time the Ordinary is elected, and to hold their office for the same time. Board of commissioners. Sec. 2. That the commissioners so elected shall be the legal advisers of the Ordinary in all matters relating to the levying of taxes for county purposes, public bridges, public roads and county matters generally, and a majority shall determine all questions. Legal advisers. Sec. 3. That said commissioners shall be exempt from jury, militia and road duty for the time they serve, and shall not be entitled to any other compensation. Exemption. Sec. 4. That until the next regular election, the Clerks of the Superior Courts of said counties shall appoint such commissioners, who shall hold until their successors are elected and qualified, and the Ordinary shall have power to convene said board, so elected or appointed, at any time he may deem necessary. How appointed. Sec. 5. Repeals conflicting laws. Approved August 24, 1872.

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(No. 358O. No. 292.) An act to provide for the payment of insolvent costs to the county officers of Washington county, and for other purposes. Section. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, it shall and may be lawful for the Solicitor General of the Middle Circuit, and for any county officer in the county of Washington, to lay before the grand jury, at each term of the Superior Court of said county, a statement of the amount of insolvent costs in criminal cases claimed, and if the grand jury is satisfied that the service for which the cost is claimed has been rendered, and that the claim is insolvent, they, by their foreman, shall approve the same, and when so approved, the County Treasurer shall pay all such claims out of any money in the treasury not otherwise appropriated. Insolvent costs. Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 359O. No. 291.) An act to except the county of Washington from the operation of an act approved January 19, 1872, creating a County Court . Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, the county of Washington be excepted from the operation of the act entitled act to create a County Court in each county of the State of Georgia, approved January 19, 1872. County Court. Sec. 2. Repeals conflicting laws. Approved August 26, 1872.

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(No. 360O. No. 290.) An act to consolidate the offices of Tax Receiver and Collector of the county of Wayne. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, the offices of Tax Receiver and Collector, for the county of Wayne, be, and are hereby, consolidated. Offices consolidated. Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 361O. No. 127.) An act to create a board of commissioners of roads and revenue for the county of Webster; define their powers and duties, 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, 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 to hold their office for the same time as the Ordinary of said county of Webster. Board of commissioners. Sec. 2. That said board shall meet at the court-house, in said county, on the first Tuesday in each month, or on such other day or days as it may determine; that it shall exercise all the powers and duties as herein set forth, and that it shall keep a full and complete record of all its actings and doings. When to meet. Sec. 3. That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matter, to-wit: 1. In directing and controlling all the property of the county, as they may deem expedient, according to law. 2. In levying a general tax for general purposes, and a special tax for particular county purposes, according to the provisions of the law in such cases made and provided. 3. In establishing and changing election precincts and militia districts. 4. In examining and auditing the accounts of all officers having the care of money belonging to the county, or appropriated for its use and benefit, and in bringing them to a settlement. 5. In examining, settling and allowing all claims against the county. 6. In establishing, altering or abolishing all roads and bridges in conformity to law. 7. In making such rules and regulations for the support of the poor of the county, and for the promotion of health, as are granted

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by law or are not inconsistent therewith. 8. In regulating peddling, and fixing cost of license therefor. Jurisdiction Sec. 4. 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, but said commissioners shall have no jurisdiction save and except such as pertains to county matters. May appoint commissioners. Sec. 5. Be it further enacted , That said commissioners shall be exempt from all road duties, and shall receive three dollars per day for every day they are actually engaged in the duties of their office, said compensation to be paid by the Treasurer of the county, and the Clerk of the Superior Court shall act as clerk for said board of commissioners, and for his services shall receive not exceeding thirty dollars per annum, to be paid by the Treasurer of the county by order of said commissioners. Compensation. Clerk. Sec. 6. Repeals conflicting laws. Approved August 23, 1872. (No. 362O. No. 269.) An act to provide for a board of commissioners of roads and revenue for the counties of Whitfield, Murray and Hall. Section 1. Be it enacted , That, from and after the passage of this act, there shall be established, in the county of Whitfield, a board of commissioners of roads and revenue, to consist of the Ordinary of said county and four persons to be elected by the voters of said county, and commissioned by the Governorthe first election to be held at the same time and in the same manner as that of the regular election for Ordinary, and the commissioners so elected shall hold their offices for four years. Commissioners. Sec. 2. That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matter, to-wit: Governing and controlling all property of the county, as they may deem expedient, according to law. 2. In levying all taxes for county purposes according to law. 3. In establishing, altering and abolishing all roads, bridges and ferries in conformity to law. 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 or disbursement of money belonging

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to the county. For making such rules, regulations and provisions for the support of the poor of the county as may be necessary. Jurisdiction Sec. 3. 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 abolishment of said court. May appoint commissioners. Sec. 4. That said commissioners shall be exempt from jury, road and militia duty. Exemption. Sec. 5. That each member of said board, before entering upon his duties, (besides the general oath required by county officers) shall be sworn before one other member of the board, all of whom are hereby empowered to administer said oath, faithfully and truly to discharge the duties of said office. Oath. Sec. 6. That all vacancies of said board shall be filled by an election, which election shall be ordered by the Ordinary of said county. Vacancies. Sec. 7. That it shall be the duty of the Clerk of the Superior Court of said county, immediately upon the passage of this bill, to appoint four persons, who, together with the Ordinary, shall constitute said board, who shall hold said office until their successors are elected and qualified under the provisions of this bill. Clerk to appoint. Sec. 8. Be it further enacted , That the provisions of this bill be, and the same are hereby, extended to the counties of Murray and Hall. Murray and Hall. Sec. 9. Repeals conflicting laws. Approved August 24, 1872. (No. 363O. No. 286.) An act to change the line between the counties of Wilkes and Taliaferro. Section 1. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this act, the line between the counties of Wilkes and Taliaferro shall be so changed as to include in the county of Wilkes the plantation of Mrs. Sarah A. Stephens, now in the county of Taliaferro. Line changed. Sec. 2. Repeals conflicting laws. Approved August 26, 1872.

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(No. 364O. No. 327.) An act to compensate the revisers of the jury-boxes, and their clerk, in the county of Worth . Section 1. Be it enacted , That, from and after the passage of this act, the three commissioners who may be appointed by the Judge of the Superior Court, and their successors in office, in and for the county of Worth, to revise the jury-boxes, and their clerk, shall receive the sum of three dollars each for said service, whenever they may be ordered to revise the same and draw juries, and the Ordinary is hereby required to draw his warrant upon the County Treasurer for the amount due them immediately after said service is performed. Revision of jury box. Sec. 2. Repeals conflicting laws. Approved August 26, 1872. TITLE III . MISCELLANEOUS . No. Act. 365. Alexander Free School. 366. Altamaha riverpropagation of shad fish. 367. Canoochee riverobstruction of. 368. Farm productsunlawful selling of. 369. Firemen of Macon exempt from jury duty. 370. Fort Valley Female College. 371. Georgia State Lottery. 372. Jurorspay of in certain counties. 373. Ladies' Memorial Association. No. Act. 374. Lanier House Company. 375. Lucy Cobb Institute. 376. Macon Circuitinsolvent cost for Solicitor General. 377. Ohoopee riveruse of seins prohibited in. 378. Porter Springsroad from, etc. 379. School system for certain counties. 380. Stilesboro Institute. 381. Union Society of Savannah. 382. Waynesboro Academy. (No. 365O. No. 257.) An act to authorize the Governor of the State of Georgia to issue certain bonds for educational purposes upon the deposit of money or State bonds with the Treasurer of the State . Whereas, Elam Alexander, late of the city of Macon, for the purpose of establishing a free school, did, by his last

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will and testament, bequeath to certain trustees, who are organized as the Trustees of the Alexander Free School, in the city of Macon, certain bonds and stocks, amounting in the aggregate to about fifty thousand dollars, and it being desirable to have the said fund permanently invested, so that the principal may be safe and the interest alone can be used Preamble. Section 1. The General Assembly of the State of Georgia do enact , That, upon the payment of the sum of fifty thousand dollars, or any greater or less sum, into the treasury of the State, in cash or in seven per cent. bonds of the State of Georgia, the Governor shall be authorized, in his discretion, to issue to the said trustees of the Alexander Free School, the bond or bonds of the State of Georgia for the sum so deposited, said bonds to be registered and not negotiable, and to bear interest at the rate of seven per cent. per annum perpetually, and the interest to be paid at the State treasury semi-annually. Bonds for school purposes. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 366O. No. 104.) An act to promote the propagation of shad-fish in the Altamaha river, and to impose a penalty for fishing for said fish in said river, on Sunday and Monday, and for the use of wire-nets or traps in the same . Section 1. The General Assembly do enact , That no person shall fish for shad-fish in the Altamaha river on Sunday or Monday, nor shall any person be permitted, at any time, to use, in the taking of said fish, any wire-trap, or any other kind of trap. Shad fishing Sec. 2. Be it further enacted , That no person shall, on Sunday or Monday, lease or place in said river any sein, gill-net or drag-net, bag or hook-net, wire-trap, basket or any other apparatus, in or by which said fish are caught. Seins, etc., not to be used. Sec. 3. Be it further enacted , That any person who shall violate the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction, shall, for each and every offense, be fined in a sum not exceeding five hundred dollars, one-half of which amount shall go to the informer. Violation. Sec. 4. Repeals conflicting laws. Approved August 23, 1872.

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(No. 367O. No. 216.) An act to prevent the obstruction of Canoochee river by the accumulating of timber, loose or in rafts, at certain points therein designated in the county of Bulloch, and to make the same penal, and for other purposes . Section 1. Be it enacted by the General Assembly , That, from and immediately after the passage of this act, it shall not be lawful for any person or persons to obstruct Canoochee river by accumulating timber, loose or in rafts, at any point within two miles above Kennedy's bridge, in the county of Bulloch. Not to be obstructed. Sec. 2. And be it further enacted , That any person or persons violating the provisions of the first section of this act shall be liable to indictment for a misdemeanor, and, upon conviction thereof, shall be fined in the sum of not less than twenty nor more than one hundred dollars for each offense. Penalty. Sec. 3. Repeals conflicting laws. Approved August 24, 1872. (No. 368O. No. 172.) An act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks, Greene, Terrell, Henry, Baker, Pulaski, Marion, Clay, Sumter, Burke, Newton, Lee, Dooly, Dougherty, Screven, Crawford, Wilcox, Jones, Columbia, Taliaferro, Wilkes, McDuffie, Dodge, Lowndes, Houston, Calhoun, Jasper, Pike, Oglethorpe, Talbot, Taylor, Upson, Elbert, Early, Webster, Schley, Monroe, McIntosh, Liberty, Glynn and Camden, without the permission of the owner or employer of the land on which the products are raised, and to prescribe the punishment therefor, and for other purposes . Section 1. Be it enacted by the State of Georgia in General Assembly met , That, from and after the passage of this act, it shall not be lawful for any person or persons to buy, sell, deliver or receive any farm products, such as cotton, corn, wheat, peas, oats, rye or barley, between sunset and sunrise, in the counties of Lincoln, Brooks, Greene, Terrell, Henry, Baker, Pulaski, Marion, Clay, Sumter, Burke, Newton, Lee, Dooly, Dougherty, Screven, Crawford, Wilcox, Jones, Columbia, Taliaferro, Wilkes, McDuffie, Dodge, Camden, Lowndes, Houston, Calhoun, Jasper, Pike, Oglethorpe, Talbot, Taylor, Upson, Elbert, Early, Webster, Schley, Monroe, McIntosh,

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Liberty and Glynn, without the permission of the owner or employer of the land on which the products are raised. Sale of farm products. Sec. 2. Be it further enacted , That any person or persons violating any of the provisions of the first section of this act shall be liable to be indicted for a misdemeanor, and, on conviction, shall be fined in a sum not exceeding one hundred dollars, or imprisonment in the common jail of the county not exceeding thirty days, or both, at the discretion of the court. Penalty. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 369O. No. 70.) An act to amend on act entitled an act to exempt firemen from jury duty, so far as the same concerns the city of Macon, approved December 5, 1871. Section 1. The General Assembly do enact , That the sixth section of the above recited act be so amended that in the city of Macon the total number of firemen exempt from jury duty shall not exceed three hundred and fifty. Exemption. Sec. 2. Repeals conflicting laws. Approved August 22, 1872. (No. 370O. No. 110.) An act to amend an act entitled an act to incorporate Fort Valley Female College, in the town of Fort Valley, and to incorporate trustees for the same; also, to incorporate Charlton's Chapel, in the town of Nebraska, in the county of Banks, and to incorporate trustees for the same; also, to incorporate the trustees of the Hephzibah High School, to be located at Brothersville, in the county of Richmond, and for other purposes therein mentioned . Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, so much of section eight of the above recited act as invests the trustees of Hephzibah High School with perpetual succession, and empowers said trustees to fill all vacancies occurring in their number, by death, resignation or otherwise, be, and the same is hereby, repealed. Section 8 amended. Sec. 2. Be it further enacted , That the Hephzibah Association is hereby authorized to elect said board of trustees

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biennially, the day and month for holding such election to be fixed by said association. Trustees. Sec. 3. Be it further enacted , That said board of trustees be, and they are hereby, authorized to confer upon young ladies, who shall have completed the entire course of instruction in said high school, the degree of Mistress of Arts, with all the privileges and immunities pertaining thereto. Powers of. Sec. 4. Repeals conflicting laws. Approved August 23, 1872. (No. 371O. No. 120.) An act to repeal certain acts therein mentioned so far as the same may relate to the Georgia State Lottery . Section 1. Be it enacted by the General Assembly of Georgia , That an act approved October 5, 1868, and an act approved October 9, 1868, so far as the same may be applicable to the Georgia State Lottery, be, and the same are hereby, repealed. Act repeal'd Sec. 2. Repeals conflicting laws. Approved August 23, 1972. (No. 372O. No. 238.) An act to amend an act to increase the pay of jurors in the counties of Stewart, Webster, Troup, Terrell, Spalding, Gordon, Paulding, Early, Miller, Greene, Murray, Quitman, Fayette, Clayton, Lumpkin, Heard, Cobb, Clarke, Chattahoochee, Henry, Taylor, Macon, Telfair, Thomas, Decatur, Habersham, Monroe, Dooly, Jasper, Houston, Worth and Clay . Section 1. Be it enacted by the General Assembly of the State of Georgia , That the first section of the above recited act be so amended as to increase the pay of bailiffs to two dollars per diem in the county of Jasper. Pay of bailiffs. Sec. 2. Repeals conflicting laws. Approved August 24, 1872.

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(No. 373O. No. 84.) An act to appropriate money for the use and benefit of the Ladies' Memorial Association of Atlanta, Marietta, Jonesboro, Resaca and Cassville . Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Governor be, and he is hereby, authorized to draw his warrant on the Treasurer, to be paid out of any moneys in the treasury not otherwise appropriated, in favor of the Ladies' Memorial Association of Atlanta, for the sum of twenty-five hundred dollars, to enable said association to disinter, remove and rebury the remains of Confederate soldiers in the cemetery in the city of Atlanta. Appropriation. Sec. 2. And be it further enacted , That the sum of two thousand dollars be, and the same is hereby, appropriated to the Ladies' Memorial Association at Marietta, for the purpose of removing the Confederate dead from the battle-fields between the Chattahoochee and Tennessee rivers. Marietta. Sec. 3. And be it further enacted , That the sum of one thousand dollars be, and the same is hereby, appropriated to the Ladies' Memorial Association of Jonesboro, in the county of Clayton. Jonesboro. Sec. 4. And be it further enacted , That the sum of five hundred dollars be, and the same is hereby, appropriated to the Ladies' Memorial Association of Resaca. Resaca. Sec. 5. And be it further enacted , That the sum of three hundred dollars be, and the same is hereby, appropriated to the Ladies' Memorial Association of Cassville, Bartow county, and the same be turned over to Mrs. L. J. Kinabrew, the president thereof. Cassville. Sec. 6. Repeals conflicting laws. Approved August 23, 1872. (No. 374O. No. 159.) An act to amend the charter of the Lanier House Company . Section 1. The General Assembly of the State of Georgia do enact , That the stockholders of the Lanier House Company shall have the power and authority, and the same is hereby given them, at any stockholders' meeting, to limit and fix the amount of the capital stock of said company at such sum as will represent the true value of the property, the same to be determined in such manner as they may agree upon. Lanier House. Sec. 2. Repeals conflicting laws. Approved August 23, 1872.

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(No. 375O. No. 370.) An act to amend the act incorporating Lucy Cobb Institute, assented to December 2, 1859. Section 1. The General Assembly of the State of Georgia do enact , That the above recited act be amended by the addition of the following section: May grant diplomas. Sec. 2. Be it further enacted , That the said board of trustees shall have full power and authority to grant diplomas to the graduates of said institution, and to confer all such degrees as are usually conferred by female colleges, upon such persons as the board of trustees may determine. Approved August 26, 1872. (No. 376O. No. 284.) An act to provide for the payment of insolvent costs to the Solicitor General of the Macon Circuit, and for other purposes. Section. 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, the insolvent costs hereafter accruing, and which remain unpaid out of fines and forfeitures of the Solicitor General of the Macon Circuit, shall be paid by the County Treasurers of the counties comprising said circuit, upon the order of the Judge of the Superior Courts of said circuit, and the Ordinaries of said counties are authorized to levy a tax for this purpose. Insolvent costs. Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 377O. No. 282.) An act to prohibit catching of fish in seins in the waters of the Ohoopee river, in Johnson county. Section. 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, it shall not be lawful for any person or persons to catch fish in the waters of the Ohoopee river, in Johnson county, by dragging seins, between the months of May and September of each and every year. Seining.

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Sec. 2. That any person violating this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor exceeding one hundred dollars. Penalty. Sec. 3. Repeals conflicting laws. Approved August 26, 1872. (No. 378O. No. 317.) An act to authorize the opening of certain public roads from the Porter Springs, in Lumpkin county, to the State line, by way of Blairsville, and to appropriate money for that purpose. Section 1. The General Assembly of the State of Georgia do enact , That James Gurley, of the county of Union, and John C. Brittain and James Harris, of the county of Lumpkin, in said State, be, and they are hereby, appointed commissioners to lay out, superintend and manage the construction of the following roads, to-wit: The first beginning at Porter Springs and going two miles in the direction of Dahlonega and Atlanta; the second beginning at said Springs and running in the direction of Cleveland and Gainesville, by Town Creek church; and the third beginning at said Springs and crossing Black Mountain at Grassy Gap, intersecting the road leading from Tessantee Gap in the direction of Blairsville, Georgia. Open roads. Sec. 2. Be it further enacted , That the sum of fifteen hundred dollars be, and the same is hereby, appropriated to defray the expenses of constructing said roads, and that Rev. Goodman Hughes, of Dahlonega, Georgia, be, and he is hereby, appointed the financial agent for the construction of said roads, and that the Governor be authorized to draw his warrant in favor of said Rev. Goodman Hughes, agent, for said sum, to be paid out of any money in the treasury not otherwise appropriated. Expenses. Sec. 3. And be it further enacted , That said commissioners be paid one dollar and fifty cents per day, each, for the time actually employed in the performance of their duty, and they are authorized to employ hands to do the necessary work on said roads, at not exceeding one dollar each per daythe hands to board themselves; blasters and blacksmiths, if employed, not to have exceeding one dollar and fifty cents per day each, and that the said agent be allowed two and one-half per cent. for receiving and the same for paying out said fund, and if any surplus remains after completing the work, he is to pay it back into the treasury. Compensation. Sec. 4. Repeals conflicting laws. Approved August 26, 1872.

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(No. 379O. No. 424.) An act to provide for organizing a public school system for certain counties therein named, and for other purposes. Section 1. The General Assembly of the State of Georgia do enact , That the boards of education for the counties of Montgomery, Dooly, Wilcox, Union, Colquitt, Worth, Laurens, Telfair, Appling, Clinch, Coffee, Pulaski, Dodge, Emanuel, Ware, Charlton, Dawson, Lumpkin, Fannin, Gilmer, Dade, Catoosa, Irwin, Bulloch, Taliaferro, Fayette, Berrien, Pierce, Echols, Taylor, Dawson, Hart, Oglethorpe, Thomas, Meriwether, Tatnall, Milton, Clarke, Baldwin, Glynn, McIntosh, Lowndes, Paulding, Monroe, Houston, White and Macon shall be constituted, organized and compensated as provided for in sections 16, 17 and 18 of the school law of this State, passed October 13, 1870, and January 19, 1872. Counties affected. Sec. 2. Be it further enacted , That the County Treasurers of said counties are hereby constituted treasurers of the school fund, who shall be held, upon their official bonds, for all amounts coming into their hands, and shall pay out the same by order of the boards of education, countersigned by the county commissioners. Treasurers. Sec. 3. Be it further enacted , That the quota of the general school fund belonging to said counties shall be, on or before the first day of February of each and every year, upon an order of the State School Commissioner on the Treasurer, sent to and deposited with the County Treasurer. Quota. Sec. 4. Be it further enacted , That it shall be the duty of the boards of education of said counties to organize schools in all parts of these counties where practicable; to recognize such private schools as now are, or may hereafter be, established as public schools, so far as to authorize the teachers of said schools to receive pay for the tuition of children of school age, in the branches of education hereinafter specified: Provided , That said teachers have the qualifications and discharge the duties required of teachers of public schools of said countries; to fix the rates of tuition; to audit the accounts of teachers, and to act as a board of examiners to examine all teachers who participate in the public school fund, and shall give to each applicant who may be found qualified, and of good moral character, a certificate setting forth his or her competency to teach any or all the branches of education contemplated by this act; they shall take, or cause to be taken, annually, an enumeration of all the children of school age in said counties, designating between white and colored and male and female; and shall, on or before the first day of November in each year, make out and forward to the State School Commissioner said enumeration, and such other reports as they may deem useful or necessary, and which may be

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required to entitle said county to its pro rata share of the public school fund of the State. Boardduties of. Sec. 5. Be it further enacted , That the regular meetings of the boards of education of said counties shall be held at the court-house, on the first Monday in January, April, July and October of each year; that other meetings may be held at such time and places as the boards may deem proper or necessary, but no compensation shall be allowed for such extra or called meetings; that at the meeting on the first Monday in January, it shall be the duty of the boards to audit the accounts of teachers for all the schools taught the preceding year, and order the same paid, but if the school fund be insufficient to pay all of the accounts of the previous year in full, it shall be the duty of the boards to audit each account for its pro rata share of the fund on hand: Provided , That each teacher shall have a certificate of competency and good moral character from the boards of said counties, or some other county boards, which shall be satisfactory, before his account shall be audited. Regular meetings. Accounts. Sec. 6. Be it further enacted , That it shall be the duty of teachers to make and file their accounts with the County Treasurer, on or before the 25th day of December in each year, appended to which accounts must be a full and complete report of the number of scholars admitted to the school during the year or term, the name and sex of each, the branches taught, the number engaged in the study of each of said branches, the rate of tuition, and such other information as the board may require; and until such report is made and filed under oath, it shall not be lawful for the boards to audit the account of any teacher for his or her services. Teachers to file accounts Sec. 7. Be it further enacted , That the public school fund of said counties shall be used for the instruction of children of school age, in spelling, reading, writing, arithmetic, English grammar and geography only; that the white and colored children shall be taught in separate schools, and the same facilities shall be provided for each. What is to be taught. Sec. 8. Be it further enacted , That the boards of education shall have power to prescribe the text-books to be used in the public schools of said counties: Provided , The Bible shall not be excluded, nor books of a sectarian or sectional character admitted. Text-books Sec. 9. Be it further enacted , That it shall be the duty of the boards of education to make to the grand jury, at the spring term of the Superior Court of each year, a report embracing the general condition of education in the county, with any statistical information or recommendation which they may deem proper; and the grand jury may, with or without such report, recommend such a per cent. on the State tax as they may deem proper, if any, to augment the educational fund of the county; and it shall be the duty of the Ordinary to assess

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such per cent., and direct the Tax Collector to collect the same and pay it to the County Treasurer, on or before the 15th day of December in each year; and it shall be the further duty of the boards of education of said counties to exercise a general supervision over the public schools, and to make such rules and regulations respecting the same, not inconsistent with this act, as, in the judgment of said boards, will best promote the cause of education in said counties, and diffuse its benefits to the greatest number of children thereof. Additional tax. Sec. 10. Repeals conflicting laws. Approved August 24, 1872. (No. 380.O. No. 66.) An act to prohibit the sale of spirituous liquors within one mile of Stilesboro Institute, in Stilesboro, Bartow county. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That, from and after the passage of this act, it shall not be lawful for any person or persons to sell any kind of spirituous or malt liquors in any quantity, in less than one mile distance from Stilesboro Institute, in Stilesboro, Bartow county. Sale of liquor. Sec. 2. Be it further enacted by the authority of the same , That any person violating the provisions of the first section of this act shall be liable to all the pains and penalties of retailers without license. Penalty. Sec. 3. Repeals conflicting laws. Approved August 22, 1872. (No. 381O. No. 153.) An act to authorize the Union Society of Savannah, incorporated by the name and style of the President and Vice-President of the Union Society in Savannah, to issue bonds; to change the name of said society, and for other purposes therein named. Whereas, The Union Society of the City of Savannah, incorporated August 14, 1786, by the name and style of the President and Vice-President of the Union Society in Savannah, for the relief of distressed widows and the schooling and maintaining poor children, is seized and possessed of valuable

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real estate in the city of Savannah, which it is desirous of improving so as to increase its productive value, and for that purpose to issue and dispose of its own bonds: therefore Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Union Society of Savannah, incorporated by the name and style of the President and Vice-President of the Union Society in Savannah, is hereby authorized to issue and dispose of the bonds of said society of such denominations and on such terms as the president and board of managers may think bestthe entire issue of bonds, under this act, not to exceed one hundred thousand dollars. Name. May issue bonds. Sec. 2. Be it further enacted , That the corporate name of The President and Vice-President of the Union Society in Savannah is hereby changed to the Union Society of Savannah, and by that name it shall exercise all the powers, enjoy all the privileges and be chargeable with all the obligations and duties heretofore enjoyed, exercised by or charged upon the said President and Vice-President of the Union Society in Savannahthis change of name not to take effect until this act and amendment of charter shall be accepted by a resolution of the president and board of managers of the said society. Name changed. To take effect when. Sec. 3. Repeals conflicting laws. Approved August 23, 1872. (No. 382O. No. 401.) An act to vest the authority and powers granted to the commissioners of the Waynesboro Academy, of Burke county, in the commissioners of the town of Waynesboro, and for other purposes. Whereas, For many years the commissioners of the Waynesboro Academy, of Burke county, have ceased to take any interest in the property or affairs of said academy, and the powers and authority and duties vested in and imposed upon them have fallen into disuse; and whereas, the property and funds belonging to the said academy have been almost entirely wasted and destroyed Preamble. Section 1. Be it therefore enacted , That, from and after the passage of this act, all powers and authority given or vested by law in the said commissioners of the Waynesboro Academy, of Burke county, shall be, and are hereby, vested in the commissioners of the town of Waynesboro, of said county; and it shall be lawful for the commissioners of said town to

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possess themselves of the academy, known as the Waynesboro Academy, and to collect by law all moneys due to said academy by suit, if necessary, in manner as hereinafter provided. Powers transferred. Sec. 2. Be it further enacted , That the said commissioners, under and by virtue of the powers herein granted, may sue and be sued as a body corporate. New commissioners. Sec. 3. Be it further enacted , That the commissioners of said academy shall account to the commissioners of said town for all funds due to said academy, and shall turn over to them all said funds and other property belonging to the same. Old commissioners. Sec. 4. Be it further enacted , That the said town commissioners shall be empowered to elect a treasurer, who shall manage the funds of said academy, who shall be accountable for the same, and who shall annually submit a report of his management and disbursements of said funds to said town commissioners. Treasurer. Sec. 5. Repeals conflicting laws. Approved August 27, 1872.

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TITLE IV. PRIVATE LAWS. No. Act. 383. Adams, W. A.Payment of costs to. 384. Alexander, N. O.Securities of relieved. 385. Belisario, M. M., Ambros, H. and Smith J.Right of to grow oysters. 386. Brook, I. T.Securities of relieved. 387. Cercopely, Mrs. T.Act for relief of. 388. Collins, J. D. and Moore, Thomas May erect a bridge over the Chattahoochee. 389. Conley, John F.Act for relief of. 390. Dickey, S. A.Act for relief of. 391. Digby, John C.Securities of relieved. 392. Dollison, JamesLicensed to peddle free. 393. Dooner, James.Payment of insolvent cost to. 394. Glenn, A. J., et al. Act for relief of. No. Act. 395. Hulsey, B. J., et al. Right of to establish stock gates. 396. Jackson, Davenport.Act for relief of. 397. Johnson, W. B., et al. Appropriations to. 398. McLester, John N.Act for relief of. 399. Neely, Mrs. P. E.Act for relief of. 400. Rish, H. A.Securities of relieved. 401. Rutherford, W. E. et al. Act for relief of. 402. Scruggs, W. B.Securities of relieved. 403. Shivers, S. C.Securities of relieved. 404. Singletary, N. P.Licensed to practice medicine. 405. Taylor, W. P.Act for relief of. 406. Wilson, William W. and Mrs. V. H. LawAct for relief of. 407. Wilkinson, H. Q.May erect a dam across Chattahoochee river (No. 383O. No. 330.) An act to authorize the payment of certain costs due W. A. Adams, deceased, to his widow or her agent. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That the Clerks of the Superior Courts of the counties in the Tallapoosa Judicial Circuit, or of any county formerly composing the Coweta Circuit, who may have in hand costs properly due to W. A. Adams, late Solicitor General, now deceased, and any other collecting officer of said courts, who may have in hand such costs, properly due said Adams according to the legal priorities established by law, be, and they are hereby, authorized to pay the same over, as the funds have accrued or may accrue, to the widow of said deceased

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or her attorney at law, or other authorized agent, taking a receipt therefor from the person to whom payment is made, which shall be a legal and valid payment as if made to the administrator of said deceased. Coststo whom paid. Approved August 26, 1872. (No. 384O. No. 309.) An act for the relief of the securities of N. O. Alexander, formerly Tax Collector of Jasper county. Section 1. Be it enacted by the General Assembly of the State of Georgia , That Isaac Langston, John C. Key, C. G. Campbell, C. C. Hearn, J. F. Blackwell and N. G. Childs, securities of N. O. Alexander, be, and they are hereby, relieved from all liability on the bond of N. O. Alexander, said liability amounting to $2,723.67. Sureties relieved. Approved August 26, 1872. (No. 385O. No. 95.) An act to give to Moses M. Belisario, Henry Ambros and John Smith, of Chatham county, the right to plant and grow oysters in Warsaw river, in the county of Chatham. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That Moses M. Belisario, Henry Ambros and John Smith are hereby empowered and authorized to plant and grow oysters in the middle of Warsaw river, in front of Thunderbolt, and that they are empowered and authorized to plant their bed of oysters in the middle of said river, in front of the lots owned by them, situated and being in Thunderbolt, on said river, and that they shall sink, and keep always, buoys at the terminal points of said bed. Oystersright to grow. Sec. 2. That the said Moses M. Belisario, Henry Ambros and John Smith shall have exclusive right, possession and control of said oysters so planted and grown, and that any person or persons who shall take from, or attempt to take from, said bed or beds any of said oysters so planted and grown as aforesaid, shall be guilty of a misdemeanor, and shall, on conviction, be punished by fine or imprisonment, at the discretion of the court having jurisdiction of the same. Exclusive right. Penalty. Sec. 3. Repeals conflicting laws. Approved August 23, 1872.

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(No. 386O. No. 209.) An act for the relief of the securities of Isaac T. Brook, Tax Collector of Muscogee county for the year 1867. Whereas, On the 26th day of September, 1867, one William N. Jones, Julius I. Clapp, James A. Bradford and R. M. Gunly became the securities of the said Isaac T. Brook for the faithful discharge of his duties in the collection of the taxes, State and county, for the year 1867; and whereas, the said Brook did collect and pay over to the State and county all of said taxes due for said year; and whereas, on the 8th day of February, 1868, the Constitutional Convention of Georgia ordained that a tax of one-tenth of one per cent. should be levied and collected to pay the expenses of said convention, which ordinance was enforced by Major-General Meade, then commanding the Department of Georgia, by General Orders, dated February 14, 1868, and March 9, 1868, directed to the several Tax Collectors of the State to proceed to collect the tax aforesaid; and whereas, the said Brook made default in the collection of the same; and whereas, the Comptroller General has issued execution against not only the said Brook, but his securities on his bond for the year 1867: therefore, for the relief of the said securities Preamble. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the said William N. Jones, Julius I. Clapp, James A. Bradford and R. M. Gunly be, and the same are hereby, fully discharged and exonerated from all fines and forfeitures by reason of their having become the securities of the said Isaac T. Brook for the collection of the State and county taxes of Muscogee county for the year 1867: Provided , It shall fully appear that the said Isaac T. Brook hath settled and faithfully discharged his said duties for and during the term for which said securities agreed to become liable, any law or ordinance to the contrary notwithstanding. Sureties relieved. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 387O. No. 31.) An act for the relief of Mrs. Thomassa Cercopely, of the county of Chatham. Whereas, At the January term, 1872, of the Superior Court of Chatham county, the appearance bond of Edward

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W. Wilson, signed by himself and the said Thomassa Cercopely, as his surety, was forfeited for the non-appearance of the said Edward W. Wilson, to answer a criminal charge; and whereas, the said Thomassa Cercopely is a widow with two minor children of tender age, and with property barely sufficient, with her own exertions, to support herself and children Preamble. Section 1. Be it enacted , That Thomassa Cercopely be, and she is hereby, relieved from the penalties of said bond, and discharged from all liabilities of the same. Relieved from liability. Sec. 2. Repeals conflicting laws. Approved August 8, 1872. (No. 388O. No. 339.) An act to authorize the erection of a bridge across the Chattahoochee river, between the counties of Fulton and Cobb, upon the piers of the old bridge of the Western Atlantic Railroad. Section 1. The General Assembly of the State of Georgia do enact , That James D. Collins and Thomas Moore, of the county of Fulton, and their assigns or associates, be, and are hereby, authorized to erect a public bridge and turnpike across the Chattahoochee river, between the counties of Fulton and Cobb, upon the piers of the old Western Atlantic Railroad: Provided , That they obtain the consent of the board of directors of the lessees of said Western Atlantic Railroad: And provided further , That such toll-bridge be first established by the proper authorities of Fulton and Cobb counties. May erect bridge. Proviso. Sec. 2. Be it further enacted by the authority aforesaid , That said Collins, his assigns or associates, when said bridge is established by said authorities, and has been erected, shall have authority to charge and receive the same rates of toll as are now demanded and received upon ferries and bridges across said stream according to law. Tolls. Sec. 3. Be it further enacted by the authority aforesaid , That said James D. Collins, and his associates or assigns, shall be bound to make good any damages that may be sustained by reason of neglect for keeping said bridge in good order. Damages. Sec. 4. Repeals conflicting laws. Approved August 26, 1872.

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(No. 389O. No. 79.) An act for the relief of John F. Conley, of Catoosa county. Whereas, On the 9th day of May, 1864, John F. Conley, then a minor of the age of sixteen years, and Mary C. McClure, of the county of Coweta, also a minor about twelve years of age, were married according to the form of law; and whereas, very soon after said marriage, the said John F. Conley was called off into the Confederate army; and whereas, after the surrender in 1865, returned with his father and family to Catoosa county, and the said Mary C., his wife, remained with her family in Coweta county; and whereas, on the 26th day of January, 1869, the said Mary C. filed her libel for divorce against the said John F. Conley, her husband, and at the September term, 1870, of Coweta Superior Court, obtained a final verdict for divorce a vinculo matrimonii and the said Mary C. has since intermarried with , of Coweta county; and whereas, the said John F. Conley, having no notice of the pendency of said suit, did not defend the same, and is therefore under disabilities to contract a future marriage, and is remediless before the courts: therefore Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That John F. Conley, of Catoosa county, be, and is hereby, authorized and empowered to make a future marriage contract, and that he be relieved from all the pains and penalties of the law that might be incurred by reason of the said marriage contract. Relieved from disabilities. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 390O. No. 99.) An act for the relief of S. A. Dickey, Tax Collector of Thomas county, and his sureties. Section 1. The General Assembly do enact , That S. A. Dickey, Tax Collector of Thomas county, and his sureties for the years 1866 and 1867, be relieved from further liability on the bond of said Dickey to the State. Sureties relieved. Sec. 2. Repeals conflicting laws. Approved August 23, 1872.

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(No. 391O. No. 32.) An act to relieve the securities of John C. Digby on a penal bond for the appearance of John C. Digby at the Superior Court of Jasper county. Section 1. The General Assembly of the State of Georgia do enact , That E. W. Baynes, Aris Newton, Jr., William Newton, P. B. McMichael, W. P. Persons, B. T. Digby, the estate of J. C. Keley, the estate of S. C. Keley, Thomas C. Broddus, Franklin Malone, John B. Digby, securities for the appearance of John C. Digby at the Superior Court of Jasper county, to answer the charge of murder, be, and they are hereby, relieved from all liability on said bond, for the appearance of said John C. Digby to answer said charge, on the payment of all costs. Sureties relieved. Approved August 8, 1872. (No. 392O. No. 74.) An act to allow James Dollison, of the county of Berrien, to peddle wares and merchandise in this State. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, James Dollison, an old and infirm man, a citizen of the county of Berrien, shall be permitted to peddle wares and merchandise in this State without license. Free license Sec. 2. Repeals conflicting laws. Approved August 22, 1872. (No. 393O. No. 248.) An act to provide for the levying and collecting a tax for the payment of bills for insolvent criminal costs due James Dooner, late Sheriff of Chatham county. Whereas, The fines and forfeitures set apart by law for the payment of insolvent criminal costs have not been sufficient to liquidate the bills of James Dooner, late Sheriff of Chatham county, which have been approved as correct, allowed, and, on account of the insufficiency of said fines and forfeitures, recommended to this body for payment by the present Judge of the Superior Court of said county Preamble.

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Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That it shall be the duty of the Ordinary of said county of Chatham to levy and collect a tax sufficient to liquidate the bills of the said James Dooner, late Sheriff of said county, for insolvent criminal costs, approved as correct, allowed, and, on account of the insufficiency of fines and forfeitures, recommended to this body for payment by the present presiding Judge of the Superior Court of said county: Provided , That the amount to be raised shall not exceed the sum of one thousand dollars: And it is further provided , That the Ordinary shall not be required to levy the tax of more than fifty per cent. of the amount of said bills within the first year after the passage of this act. Insolvent costs. Proviso. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 394O. No. 280.) An act for the relief of A. J. Glenn, James Garrett, Albert Mill, William Cox, James R. Johnson and A. N. Miles. Section 1. Be it enacted by the General Assembly of the State of Georgia , That A. J. Glenn, James Garrett, Albert Mill, William Cox, James R. Johnson and A. N. Miles, securities on an appearance bond of Giles Cox for his appearance at Gilmer Superior Court, to answer for the charge of murder, be, and they are hereby, relieved from any and all liability on said bond. Sureties relieved. Approved August 24, 1872. (No. 395O. No. 304.) An act to authorize B. J. Hulsey and C. H. Harrington, of the county of Hall, and William B. Meek, his heirs and assigns, of Monroe county, and J. M. Chapman, of the county of Fulton, to establish and keep up stock-gates on certain public roads, and for other purposes. Section 1. Be it enacted , That, from and after the passage of this act, B. J. Hulsey, of the county of Hall, be, and he is hereby, authorized to establish and keep up a stock-gate on the south side of Chattahoochee river, on the road leading

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from Athens to Dahlonega, and that a like privilege be granted to C. H. Harrington, to establish and keep up a stock-gate on the north side of said river, and that a like privilege be granted to William B. Meek, his heirs and assigns, of the county of Monroe, to establish and keep up a stock-gate on the road leading from Forsyth to Montpelier Springs, passing near his house: Provided , Nothing in this act shall be so construed as to authorize or permit said Hulsey, Harrington and Meek, or their assigns, to interfere with the free use and enjoyment of said public roads: And provided , That said gates shall be made and kept as easy of opening and closing as possible. Stock gates. Sec. 2. Be it further enacted , That J. M. Chapman, and his heirs and assigns, be, and they are hereby, authorized, with the approval of the Ordinary of Fulton county, to establish and keep up stock-gates where the new road, recently opened, enters and passes from his improved lands in said county. Sec. 3. Repeals conflicting laws. Approved August 26, 1872. (No. 396O. No. 142.) An act to enable Davenport Jackson, Esq., to hold the office of Solicitor General. Whereas, On the 18th day of January, 1872, Davenport Jackson, Esq., was appointed by his Excellency, Governor James M. Smith, to the office of Solicitor General of the Augusta Circuit, and said appointment confirmed by the Senate; and whereas, said, Davenport Jackson, Esq., under section 410 of Irwin's Revised Code, is ineligible to said office by reason of not having practiced law a full three years before his appointment Preamble. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That said disability, arising from the aforesaid section of the Code, be, and the same is hereby, removed, and that said Davenport Jackson, Esq., be enabled to hold the office of Solicitor General. Enabled to hold office. Approved August 23, 1872.

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(No. 397O. No. 383.) An act to appropriate money to William B. Johnston, the amount due to him as interest on certain past due bonds of the State of Georgia, enumerated in said act; also, to pay Thomas B. McElwee and John H. Gant, administrators of John W. Isbell, one thousand dollars, and to make certain other special appropriations, and for other purposes. Whereas, William B. Johnston, of the county of Bibb, was the owner of seventeen bonds of the State of Georgia, of one thousand dollars each, to-wit: numbers 71, 121, 122, 123, 124, 125, 226, 227, 228, 230, 231, 232, 233, 234, 235, 236 and 237, the principal of which, with interest at the rate of six per cent. per annum, became due and payable on the first day of September, 1869, on which day said bonds were presented at the Treasurer's office for payment, and payment refused; and whereas, the principal of said bonds was paid on the first day of September, 1870, but no interest was paid on the same from the said date of maturity Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That there is hereby appropriated, out of the treasury of the State, for the payment of said interest to the said William B. Johnston, from the first day of September, 1869, to the first day of September, 1870, the sum of one thousand and twenty dollars, and said sum shall be paid out of any funds in the treasury not otherwise appropriated. Appropriation for W. B. Johnston Sec. 2. Be it further enacted , That the sum of two thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated to the payment of the judgment obtained in the courts of Tennessee by Thomas B. McElwee and John H. Gant, administrators of John W. Isbell, deceased, against the Western Atlantic Railroad. Thomas B. McElwee and John H. Gant. Sec. 3. Be it further enacted , That his Excellency the Governor be, and he is hereby, authorized to negotiate a compromise and settlement with the holders of change bills issued by the Western Atlantic Railroad, exercising thereon a sound discretion for the best interests of the State, and that a sufficient sum to pay the amount or amounts agreed to be paid by the Governor, on such compromise, be, and the same is hereby, appropriated from the treasury of the State, and the Governor authorized to draw his warrant therefor. Change bills. Sec. 4. Be it further enacted , That the sum of one thousand and fifty dollars be, and the same is hereby, appropriated to pay back interest on ante-war bonds held by Mrs. Camak, of the city of Athens, funded by new bonds in the year 1866. Mrs. Camak Sec. 5. Be it further enacted , That the sum of twenty thousand dollars, or so much thereof as may be necessary, is

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hereby appropriated as a contingent fund, to be used by the Governor in the payment of just and legal claims against the Stake. Contingent fund. Sec. 6. Repeals conflicting laws. Approved August 27, 1872. (No. 398O. No. 371.) An act for the relief of John N. McLester of Chattahoochee county, Georgia. Whereas, John N. McLester was married to Juda Sims in 1862; and whereas, afterward the said Juda McLester sued for and obtained a divorce from said John N. McLester; and whereas, the said Juda McLester has since intermarried Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That, from and after the passage of this act, John N. McLester, of the county of Chattahoochee, be, and he is hereby, relieved, released and fully exonerated from all liabilities, disabilities, pains or penalties by him incurred by reason of the intermarriage between him and his former wife, Juda McLester, and that he be, to all intents and purposes, fully authorized to contract and enter into marriage as fully and as legally as if he had never been married to said Juda McLester. Authorized to contract 2d marriage Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 399O. No. 369.) An act for the relief of Mrs. P. E. Neely, of the county of Jefferson. Whereas, The trust property of Mrs. P. E. Neely, situated in the county of Jefferson, has been assessed for double taxation and tax executions issued on the said property for the years 1867, 1868, 1869, 1870 and 1871, and that the failure to return said property up to 1871 is attributable to the carelessness of the executor of the deceased husband of the said P. E. Neely, and that neither Mrs. P. E. Neely, nor her trustee, is in any degree blamable for neglect of duty by said executor, and that the trustee of Mrs. P. E. Neely was under

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the impression that the said property was in Burke county, which is his excuse for not returning said property for 1871; and moreover, that the number of acres of land assessed for taxation is seven hundred and sixty-three acres in excess of the number of acres in plot of said tract of land Preamble. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That Mrs. P. E. Neely, of the county of Jefferson, be relieved from paying tax upon seven hundred and sixty-three acres of land for the years 1867, 1868, 1869, 1870 and 1871, and from double tax upon twenty-two hundred and thirty-seven acres for the years aforesaid. Relieved from payment of tax. Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 400O. No. 352.) An act to relieve the securities of Henry A. Rish, deceased, late Tax Collector of Clay county, and for other purposes. Whereas, Henry A. Rish was elected Tax Collector of Clay county, for the year 1867, and entered into bond, with Daniel G. Killingsworth, Adam Rish and John G. Foster as his securities, for the faithful discharge of the duties of his office; and whereas, the said Henry A. Rish departed this life on the 13th day of September, 1868, with a balance against him, in the Comptroller General's office, of State tax amounting to three hundred and fifteen dollars and sixty-eight cents, and a balance, in the same office, of convention tax, amounting to two hundred and eighty dollars and forty-nine cents, making in the aggregate the sum of five hundred and eighty-six dollars and seventeen cents; and whereas, there was turned over to John F. Cherry, successor in office of said Henry A. Rish, as Tax Collector, the tax digest of Clay county, with an uncollected balance of seven hundred and five dollars of State and county taxes thereon, and with three hundred dollars, or more, of convention tax due thereon, and which amount of seven hundred and five dollars, said John F. Cherry, by his written receipt, obligated himself to collect and account for; and whereas, the said Cherry has failed to account for said sum of seven hundred and five dollars, State and county tax, or said sum of three hundred dollars, convention tax, or any part or portion of either of said sums; and whereas, the Comptroller General has issued tax fi. fas . against the securities of said Henry A. Rish, deceased, for the balance of State and convention tax, which fi. fas . were placed

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in the hands of Cyrus R. Naramore, Sheriff of Clay county, for the purpose of collecting the same out of the securities of said Henry A. Rish, deceased; and whereas, the said Sheriff was prevented by Executive order from proceeding with said tax fi. fas. until the meeting of the last General Assembly, and said tax fi. fas. still being uncollected; and whereas, the evidence submitted in this case shows that the said Henry A. Rish well and truly performed and kept the conditions of his bond up to the time of his death, and left uncollected, on the tax digests of said county of Clay, an amount of tax largely in excess of his indebtedness for State and convention tax: for remedy whereof Preamble. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That Daniel G. Killingsworth, Adam Rish and John G. Foster, from and after the passage of this act, be, and they are hereby, declared free from any obligation to the State of Georgia, by reason of their being the securities on the bond of said Henry A. Rish, deceased, Tax Collector as aforesaid; and that the property held by said securities be free from any incumbrance, so far as the State of Georgia is concerned; and that the tax fi. fas. issued by the Comptroller General against them are hereby declared to be null and void. Sureties relieved. Sec. 2. Repeals conflicting laws. Approved August 26, 1872. (No. 401O. No. 422.) An act for the relief of W. E. Rutherford and others. Whereas, A memorial, signed by the officials and a large portion of the most respected citizens of Decatur county, is presented to the Legislature, asking the relief of the securities on the penal bond of one John T. Tate, conditioned for his appearance at the April term, 1871, of Decatur Superior Court, which has been forfeited and estreated because of the non-appearance of said Tate; and whereas, said securities signed said bond because said Tate was regarded by the public as an innocent victim of a malicious prosecution, and because of their commiseration for his tender years and his pitiable condition, he being both sick and wounded at the time; and whereas, the ultimate forfeiture of said bond will work ruin and bankruptcy to these honest, toiling citizens and their families: therefore Preamble.

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Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That William E. Rutherford, W. W. Harrell, John D. Harrell, E. D. Hays, M. F. Perry, J. A. Fortner and J. L. Newsome, the securities on the penal bond of one John T. Tate, for the appearance of the said John T. Tate at the April term, 1871, of Decatur Superior Court, said bond being in the sum of three thousand dollars, to answer to the charge of murder, be, and are hereby, relieved from all liability as such securities on said bond. Sureties relieved. Approved August 27, 1872. (No. 402O. No. 178.) An act to relieve the securities upon the bond of W. G. Scruggs, Tax Collector of Warren county, and for other purposes therein specified. 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 James A. Shivers, William English, N. A. Wycker and R. R. Becks, securities upon the bond of W. G. Scruggs, defaulting Tax Collector of Warren county, be, and are hereby, relieved from the twenty per cent. penalty imposed by law upon the amount in default. Sureties relieved. Sec. 2. Repeals conflicting laws. Approved August 23, 1872. (No. 403O. No. 38.) An act to relieve the securities on the bond of S. C. Shivers, Tax Collector of the county of Hancock, from the twenty per cent. penalty, for the years 1868, 1869 and 1870, and from all liability for the year 1871. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the securities on the bond S. C. Shivers, Tax Collector of the county of Hancock, be, and they are hereby, discharged from the twenty per cent. penalty, for the years 1868, 1869 and 1870, and from all liability for the year 1871. Discharged from liability. Sec. 2. Repeals conflicting laws. Approved August 16, 1872.

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(No. 404O. No. 256.) An act to allow Nathan P. Singletary, of the county of Schley, to practice medicine in the counties of Macon and Schley, and to charge and collect for the same. Section 1. Be it enacted by the General Assembly of Georgia , That, from and after the passage of this act, Nathan P. Singletary, of the county of Schley, shall be allowed to practice medicine in the counties of Macon and Schley, and to charge and collect for the same. Allowed to practice medicine. Sec. 2. Repeals conflicting laws. Approved August 24, 1872. (No. 405O. No. 366.) An act for the relief of W. P. Taylor, of the county of Cherokee. Whereas, It is alleged by W. P. Taylor, Tax Collector of the county of Cherokee, that, by mistake in making his settlement and paying over the State tax due from said county, for the year 1871, he paid to the State the sum of $123 more than was due, as will fully appear by reference to the books of the Comptroller General's office Preamble. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That it shall be the duty of the Comptroller General to make a careful examination of the settlement made by W. P. Taylor, Tax Collector of Cherokee county, and if anything is found to be due him from the State on account of over-payments to the State as Tax Collector, it shall be the duty of the Comptroller General to correct the mistake, and to certify the amount found to be due the said Taylor to the Governor, who shall draw his warrant on the Treasurer for the amount. Over payment. Sec. 2. Repeals conflicting laws. Approved August 26, 1872.

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(No. 406O. No. 387.) An act to relieve Dr. William W. Wilson and Mrs. V. H. Law, of Effingham county, from certain pains and penalties. Section 1. Be it enacted , That Dr. William W. Wilson and Mrs. V. H. Law are hereby relieved of all criminal prosecutions for having united themselves in matrimony. Relieved from penalties. Sec. 2. Repeals conflicting laws. Approved August 27, 1872. (No. 407O. No. 111.) An act to authorize Henry Q. Wilkinson, of the county of Coweta, to erect a dam across the Chattahoochee river, on fractional lot of land number sixteen, in the fourth district of said county, it being his own land. Section 1. The General Assembly of the State of Georgia do enact , That, from and after the passage of this act, Henry Q. Wilkinson, of the county of Coweta, be, and he is hereby, authorized to erect a dam across the Chattahoochee river, in said county, upon his own land. Dam across. Sec. 2. Be it further enacted , That nothing herein contained shall be so construed as to preclude any one injured from said dam from suing for and recovering damages therefor, nor to prevent any one from abating any nuisance caused by the erection of said dam. Damages. Sec. 3. Repeals conflicting laws. Approved August 23, 1872.

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RESOLUTIONS PASSED BY THE GENERAL ASSEMBLY OF 1872.

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RESOLUTIONS. No. 1. Committee appointed to prepare bill redistricting the State. 2. Legal questions involved in election of State House officers. 3. Investigation of charges against Judge N. B. Knight. 4. Agricultural land scrip. 5. Great Western Canal. 6. Appropriation to East Tennessee Virginia Railroad. 7. Publication of report of bond committee. 8. Land grants. 9. Claims against Western Atlantic Railroad. 10. Advance to State Printer. 11. State's indorsement on Macon Brunswick Railroad bonds. 12. Securities of J. W. Hancock. 13. Bacon's Digest and Jackson's Index. 14. Per diem of committee to investigate official conduct of R. B. Bullock. 15. Mileage for adjourned term of 1872. 16. Commemorating the virtues of ex-Governor C. J. Jenkins. 17. Lease of Western Atlantic Railroad. 18. Pay of witnesses, etc., in the case of Judge Knight. 19. Officers of General Assembly. No. 20. Appropriation to H. G. Cole. 21. Divine, Jones Leeclaim of. 22. Revised Code by Irwin, Lester and Hill. 23. Attorney General authorized to employ additional counsel. 24. Currency bonds issued under act of August, 1870. 25. Committee on Western Atlantic Railroad continued in office. 26. Hon. Howell Cobbportrait of. 27. Asylum for idiots, etc. 28. Bondstown of Forsyth may issue. 29. South Georgia Florida Railroad Company. 30. Georgia Agricultural and Mechanical Convention. 31. H. G. Colewarrant in favor of. 32. Claims for printing. 33. Lease of Western Atlantic Railroad. 34. Doorkeepers and Messengerspay of. 35. Rogers' Locomotive Machine Works. 36. Charles O'Connor, et al. 37. Printing Public Laws. 38. Claims for rewards settled. 39. Claims against the Penitentiary. 40. Assets of Georgia National Bank. (No. 1O. No. 20.) Resolved by the Senate and House of Representatives , That a joint committee of fourteen from the House and seven from the Senate be appointed to prepare and report a bill redistricting the State into nine Congressional Districts, and that said committee be instructed to report said bill at an early a day as practicable. Redistrict State. Approved July 22, 1872.

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(No. 2O. No. 21.) Resolved , That the Judiciary Committees of the Senate and House of Representatives be requested to jointly take into consideration the legal questions involved in the election of State House officers, and the appointment and confirmation of Judges of the Superior Courts, at this session of the General Assembly, and to report the result of their investigation and legal determination thereon. State-house officers. Approved July 22, 1872. (No. 3O. No. 22.) Whereas, It is alleged that Hon. Noel B. Knight, the present Judge of the Superior Courts of the Blue Ridge Judicial Circuit of this State, is wholly incompetent to discharge the duties of said office, and that, owing to the great inefficiency which characterizes his administration, the people of the circuit have lost confidence in the law as a shield of protection to them in the enjoyment of life, liberty and property: therefore be it Preamble. Resolved by the General Assembly , That a joint special committee of two from the Senate and five from the House of Representatives be appointed, and that said committee proceed at once to investigate said allegations, and, if found true, that they report to the General Assembly an address to the Governor for the removal of the said Noel B. Knight from said office, under the ninth section of the fifth article of the Constitution of this State. Committee to investigate. Approved July 22, 1872. Note.The committee, in their report, exonerate Judge Knight from the charges made against him. (No. 4O. No. 23.) Whereas, the last payment for the agricultural land scrip is not due within the next twelve months; and whereas, the Governor has received information that the purchaser of sand land scrip is willing to pay into the treasury immediately the aforesaid debt, at a discount of seven per centum per annum: be it therefore Preamble.

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Resolved , That the Governor be authorized to receive the same, allowing the discount aforesaid, and to surrender the scrip, or any part thereof, that may be paid for. Agricultural land scrip. Approved July 25, 1872. (No. 5O. No. 24.) Whereas, It is of great and vital importance that the Atlantic Southern States should be connected with the Western States by the cheapest and safest mode of conveyance for the transportation of all heavy and bulky commodities to and from each section; and whereas, the present route through the gulf and around the cape of Florida, by which they are now conveyed, is both expensive and hazardous, frequently involving not only great loss of property, but also at the sacrifice of human life; and whereas, we believe that this can be avoided by a canal extending from the Rio Grande river, in the State of Texas, to the river St. Marys, in the State of Georgia, and which can be constructed at a comparatively small expense by utilizing the rivers and bays on the line of the sea coast between the points designated as far as the Sewannee river, in the State of Florida, and thence by a canal of about thirty miles to the St. Marys, in this State, and which, at the town of St. Marys, on the said river, affords a capacious and safe harbor, the entrance to which, from the Atlantic ocean, is of sufficient depth to admit vessels large enough for all commercial purposes: be it then Preamble. Resolved by the General Assembly of the State of Georgia , That our Senators and Representatives in the Congress of the United States be requested to use their best exertion to obtain an appropriation sufficiently large to survey and locate the route of the proposed canal as set forth in the above preamble. Appropriation for canal. Approved July 30, 1872. (No. 6O. No. 25.) Whereas, It appears, from the investigation made by the committee appointed on the management of the Western Atlantic Railroad, that there was due by said road, at the time of its lease, to the East Tennessee, Virginia Georgia Railroad, the sum of nineteen hundred and seventy-four dollars

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and seventy-four cents, as an unsettled balance between said roads: be it therefore Preamble. Resolved , (the Senate concurring,) That his Excellency the Governor be, and he is hereby, authorized to pay the said sum to the said East Tennessee, Virginia Georgia Railroad out of the rental of the Western Atlantic Railroadsatisfactory proof being submitted to him that the claim is just and owing: Provided, however , That this shall not be considered a final settlement between the Western Atlantic Railroad and the East Tennessee, Virginia Georgia Railroad Company, so as to exempt the latter company from paying any balance that may hereafter be found due the former. Governor to draw warrant. Approved July 30, 1872. (No. 7O. No. 26.) Whereas, The report of the committee appointed to investigate the bonds of the State of Georgia is upon a subject of great interest to the people of Georgia, and to many others directly affected, who reside without the State; and whereas, the number of said report authorized to be printed has been exhausted, and many persons are now applying for copies of the same Preamble. Resolved , That, in addition to the number of said report already authorized to be printed, there shall be printed three thousand copies of said reportone thousand of which shall be furnished to the members of the Senate, and two thousand to the members of the House of Representatives. Extra copies ordered printed. Approved July 31, 1872. (No. 8O. No. 27.) Whereas, Section 83 of Irwin's Revised Code of Georgia provides that the Secretary of State shall not, directly or indirectly, be interested or engaged in the purchase and sale of wild lands on speculation, on pain of removal by the Governor or this General Assembly; and whereas, it is reported that D. G. Cotting, Secretary of State, has obtained under some kind of pretense, and at one time, between fifty and one hundred grants to lands in Georgia: therefore Preamble.

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Be it resolved by the Senate , (the House of Representatives concurring,) That his Excellency Governor Smith be requested to suspend the issuing of land grants until measures have been taken by this General Assembly to suppress the evil arising from the defects of the present system of issuing land grants. Land grants Resolved , That the special committee of the General Assembly appointed at this session, on the subject of wild lands, be instructed to wait upon his Excellency the Governor and ascertain the number and date of land grants, with name of grantee, which have been issued or presented for his approval since the first day of May, 1872. Number issued. Resolved , That said committee be requied to wait upon D. G. Cotting, Secretary of State, and report in full upon the number and date of applications made and filed in his office for land grants since the first day of May, 1872. Number applied for. Resolved further , That said committee be required to wait upon N. L. Angier, State Treasurer, and ascertain the amount of fees paid into the treasury by D. G. Cotting, Secretary of State, for the issuing of land grants since the first day of May, 1872, and report the same to this General Assembly to-morrow morning. Amount of fees. Approved July 31, 1872. Note.The committee, in their report, exonerated Hon. D. G. Cotting from all blame. (No. 9O. No. 28.) A resolution to authorize the payment of certain claims against the Western Atlantic Railroad. Be it resolved by the Senate and House of Representatives , That his Excellency the Governor be authorized to issue his warrant on the treasury of the State in favor of all persons holding claims against the Western Atlantic Railroad, which have been audited by the board of commissioners appointed by the act of the General Assembly of the State providing for the lease of said road under the eighth section of said act, in all cases where the committee appointed at the last session of this General Assembly to investigate the conduct of said board of commissioners have not reported against the correctness of such claim. Governo to draw war rants. Approved August 6, 1872.

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(No. 10O. No. 29.) Resolved , That his Excellency the Governor be, and he is hereby, authorized to draw his warrant upon the treasury for five thousand dollars in favor of the State Printer, as an advance upon public work now being completed by said State Printer, as soon as he, the Governor, is satisfied that a sufficient amount of such public work is done to justify the aforesaid advance. State Printeradvance to. Approved August 10, 1872. (No. 11O. No. 30.) A resolution in reference to the State's guaranty on the bonds of the Macon Brunswick Railroad Company. Resolved by the Senate and House of Representatives in General Assembly met, and it is hereby resolved by authority of the same , That the State's guaranty placed on the bonds of the Macon Brunswick Railroad Company is binding on the State. State's indorsement. Approved August 14, 1872. (No. 12O. No. 31.) Whereas, In the year 1868, James W. Hancock, of the county of Upson, was arrested on a charge of an assault with intent to murder, and gave bond for his appearance to answer said charge, with A. B. Mallory, T. J. Murphy, R. C. Word, Jennings Thompson, C. E. Ingram, W. J. Perryman, F. M. Perryman, W. J. Tyles, B. G. McKinney, A. G. Gosee and T. F. Grubb, as his securities, which said bond was forfeited at the May term, 1871, of Upson Superior Court, the said Hancock having fled the country; and whereas, since said final judgment of forfeiture, it has been ascertained that said Hancock, the principal, departed this life in January, 1871, prior to the judgment of forfeiture, a fact not then known to the securities, and a fact which, if then known, would have been a good defense to the proceedings to forfeit said bond: it is therefore Preamble. Resolved by the Senate and House of Representatives in General Assembly met , That the above named securities on

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the appearance bond of James W. Hancock be, and they are hereby, relieved from all the pains and penalties of said forfeiture, except the cost of said forfeiture. Sureties relieved. Approved August 17, 1872. (No. 13O. No. 32.) Whereas, A. O. Bacon, of the county of Bibb, and Henry Jackson, of the county of Fulton, have prepared, and at a large expense published, the one a Digest of the Georgia Reports from volume first to fortieth, inclusive, and the other an Analytical Index of said volumes of Georgia Reports, both of which works are very valuable, and will greatly aid the officials of this State in ascertaining readily what has been decided by our Supreme Court; and whereas, said books differ very materially from each other, and each is necessary for a separate purpose; and whereas, by law the State subscribes to three hundred and fifty copies of each volume of the Supreme Court Reports Preamble. Resolved by the General Assembly , That the Governor be, and he is hereby, authorized to subscribe for one hundred and thirty-six copies of said Analytical Index, and one hundred and thirty-six copies of said Digest, so that a copy of each may be sent to each county in the Statethe copy of the Index to the Clerk of the Superior Court of the county, the copy of said Digest to the Ordinary of the countyand, in addition, that the Governor subscribe for thirty-nine copies of the Index and thirty-nine copies of the Digest for the State Library, and for distribution among the Judges of the State, so that the total number subscribed for both books shall be three hundred and fifty copies, but the price of said books not to exceed five dollars per volume. Subscription authorized. Approved August 20, 1872. (No. 14O. No. 33.) Resolved , That the committees appointed to investigate official conduct of Rufus B. Bullock, and to look into the frauds perpetrated upon the State during his administration, be allowed the sum of ten dollars per diem for the time actually engaged in the discharge of the duties assigned them, together with the mileage allowed members of this General

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Assembly, and all legitimate expenses incurred in their investigations: And further , That the chairman of each committee be directed to report to this General Assembly the number of days their respective committees were engaged in such service, with a statement of the expenses incurred in the performance of such work. Per diem of committee. Approved August 21, 1872. (No. 15O. No. 34.) Resolved by the Senate and House of Representatives , That the officers and members of both branches of the General Assembly are entitled to draw mileage going to and returning from the capital, for the session convening the 17th of July, 1872. Mileage. Approved August 22, 1872. (No. 16O. No. 35.) Whereas, The Honorable Charles J. Jenkins, when expelled by usurpers from the office of Governor of this State, had the firmness and the courage to save the public treasure from the plunderers, and applied it to the obligations of the State, and also removed the archives of the State Treasury, and saved from desecration the Seal of the Executive Department; and whereas, his efforts to save the people of Georgia from oppression relaxed not with his hold upon the Executive office, but in the midst of discouragement were continued before the Supreme Court of the United States so long as there was any hope of success; and whereas, preserving the archives and the seal until, in better times, he might restore them to his first rightful successor, he has delivered them to his Excellency the Governor; and whereas, gratitude to a great and good man, deference to the feelings of the people of Georgia, and the encouragement of patriotism and virtue in the generation to come, alike render it good that we should make and put in imperishable form a recognition of his fidelity to his trust: therefore be it Preamble. Resolved by the General Assembly of the State of Georgia , That his Excellency the Governor be authorized and instructed to have prepared, and in the name of the people of Georgia to present to the Honorable Charles J. Jenkins, a seal,

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to be the fac simile of the one preserved and restored by him, except that, in addition to the other devices, it shall have this inscription: Presented to Charles J. Jenkins by the State of Georgia; and this legend: In arduis fidelis . Seal. Approved August 22, 1872. (No. 17O. No. 36.) 1. Resolved , That the investigation of the special committee, raised for the purpose of investigating and passing upon the fairness or unfairness of the lease of the Western Atlantic Railroad, has failed to disclose evidence sufficient to support the charge of fraud in procuring the lease. 2. Resolved , That, in the opinion of this General Assembly, the lease of the Western Atlantic Railroad secures to the State a certain sum for rental much larger than can be hoped for under political control. Whereas, The president of the Western Atlantic Railroad Company, at the meeting of the General Assembly in November last, by a letter to then acting Governor Conley, complained that the inventory of the property belonging to the State Road, as turned over by the commissioners appointed by Governor Bullock, was incorrect, in some respects doing injustice to the lessees, and in others to the State, and requested that it should be corrected; and whereas, the investigating committee, appointed to look into the fairness or unfairness of the lease contract, report that they find it incorrect, and recommend that it be rectified; and whereas, justice to the State and the lessees of the Western Atlantic Railroad alike requires that the inventory of the property, as turned over to said lessees under the lease contract with them, be made correct: be it therefore Preamble. Resolved by the General Assembly of Georgia , That his Excellency the Governor be, and he is hereby, instructed to have a fair and just inventory made out and returned, and recorded in the Secretary of State's office, which will stand as the true inventory by which the lessees shall make their final settlement with the State at the end of the lease, and that said lease contract be affirmed with said inventory thus corrected. Inventory. And be it further resolved by the authority aforesaid , That said inventory shall be made by three commissioners, who are competent railroad men, one to be selected by his Excellency the Governor, one by the president of the Western Atlantic Railroad Company, and these two select a third,

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all of whom shall be sworn to the faithful performance of their duties, and said commissioners shall hear evidence as to the condition of the road, its rolling stock and appurtenances of every character at the date of said lease, and shall make out, from the best evidence which they can obtain bearing on the question, a just and fair inventory between the State and the lessees, and return it for record as aforesaid, describing the condition of the track and putting a fair valuation upon the rolling stock and material and appurtenances on hand at the date of the lease: Provided , That the execution and filing of such corrected inventory shall not operate to release the sureties on the bond of said lessees as heretofore made, but said sureties shall remain bound by said first appraisement in case they refuse to sanction the second. Three commissioners. Duties of. Approved August 22, 1872. (No. 18O. No. 37.) Resolved by the Senate and House of Representatives in General Assembly met , That the Treasurer of the State pay the accounts of such witnesses as were subp[UNK]naed to appear, and did appear and testify, at the investigation of charge against Noel B. Knight, Judge of the Blue Ridge Circuit, after the same are approved by the chairman of the joint committee, and also such accounts for stenographer, as are approved, for taking down testimony of witnesses, and that the Governor of the State draw his warrants for the aggregate of such accountsthe pay of witnesses to be ten cents per mile in coming to and returning from the capital, and two dollars per diem for attendance, and the pay of stenographer, for taking down testimony, ninety dollars. Pay of witnesses. Approved August 23, 1872. (No. 19O. No. 38.) Resolved by the Senate and House of Representatives , That the officers entitled to mileage under the resolution passed by this General Assembly, in relation to the mileage of officers and members, are the officers enumerated in the Constitution of the State, to-wit: President of the Senate, Speaker of the House, Secretary, Clerk and an assistant for each, a Journalizing Clerk, two Engrossing and two Enrolling Clerks for each House. Officerswho are. Approved August 23, 1872.

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(No. 20O. No. 39) Whereas, The joint committee of the General Assembly, under resolution approved December 14, 1871, to investigate the conduct of the commissioners appointed under the act of the Legislature to audit all claims against the Western Atlantic Railroad, report adversely to the payment of an outstanding Executive warrant for the sum of $6,914.35, issued to H. G. Cole on the 7th day of December, 1871, in pursuance of a judgment rendered in Fulton Superior Court, by virtue of an award made in his favor by arbitrators, to whom had been referred a matter of controversy between said H. G. Cole and the Western Atlantic Railroad, growing out of work done by said Cole in making Allatoona embankment, in Bartow county, in 1856: therefore be it Appropriation. Resolved by the General Assembly , That the Treasurer of the State be, and he is heroby, directed not to pay said Executive warrant referred to and described in the foregoing preamble. Approved August 24, 1872. (No. 21O. No. 40.) A resolution to authorize the adjustment of the matters at issue between Divine, Jones Lee, of the one part, and the State of Georgia of the other part, and to appoint referrees for the same . Be it resolved by the General Assembly of Georgia , That, whereas, on the 10th day of December, 1862, the State of Georgia entered into articles of agreement with Divine, Jones Lee, for the purchase of a half-interest in certain card-making machinery, and the right to the use and manufacture thereof on joint account; and whereas, on the 14th day of April, 1863, the said Divine, Jones Lee made a memorial to the Legislature, alleging a violation of the spirit and letter of the agreement and a consequent damage to them, and asking for a dissolution of the partnership; and whereas, said memorial was laid upon the table without consideration, and, on the 6th day of February, 1866, Governor Jenkins, by an act of the Legislature authorizing him to do so, appointed P. M. Compton an umpire to make a settlement of said matters and divide the property; and whereas, a sale of the stock on hand was agreed upon to take place on the 5th day of April, 1866, and was so advertised, but on said day said sale was postponed

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arbitrarily, by said P. M. Compton, against the consent of said Divine, Jones Lee; and whereas, they then and there demanded a division of the property in kind, which was likewise refused; and whereas, there has since been no disposition of the property, and it is now supposed to be worthless: now be it therefore Preamble. Resolved , That the matters at issue touching the claim for damages be settled by the reference of J. R. Brown, R. E. Lester and Reuben Jones, of the Senate, or any two of them, with full power to hear all evidence, under oath, which may be offered by the parties, and that they make a report and recommendation to the next General Assembly, according as they may find the facts in the premises and the equitable rights of the parties at interest as between individuals. Claim for damages. Approved August 26, 1872. No. 22O. No. 41.) Whereas, The last edition of the Revised Code of Georgia is entirely out of print, and the edition is exhausted without supplying the officers or citizens of the State with a copy of the laws; and whereas, many important changes have been made in the laws of the State by the Constitution of 1868, and the legislation subsequent thereto, thus creating a necessity for an accurate and thorough revision and republication of the Code; and whereas, Messrs. David Irwin, George N. Lester and Walter B. Hill are engaged upon such revision of the Code, which is now nearly completed, specimen sheets of which have been submitted to the members of the General Assembly for their examination: be it therefore Preamble. Resolved by the General Assembly , That his Excellency, the Governor of this State, be, and he is hereby, authorized to cause said Revised Code to be submitted to the Honorable Attorney General of the State, to be by him examined, at such time and in such manner as the Governor may suggest, the expense of examination to be paid by Messrs. Irwin, Lester and Hill. Code revised. Resolved further , That should said Attorney General, after examining said Code, so revised by Messrs. Irwin, Lester and Hill, report to the Governor that such revision is accurate and thorough, and the Governor should be satisfied therewith, then he shall be, and is hereby, authorized to subscribe, upon terms which he may deem just and proper, for such number of copies of said Revised Code as, in his judgment, may be

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necessary for the use of the State, the price not to exceed six dollars per copy, to be paid for by him out of any money in the treasury not otherwise appropriated, but the amount to be subscribed for by the Governor shall not exceed three thousand copies of said Code. Governor may subscribe. Approved August 26, 1872. (No. 23O. No. 42.) Whereas, There are now pending in the courts many suits for the recovery of money due the State of Georgia, and indictments for crime growing out of transactions in which the Western Atlantic Railroad and the State have been wrongfully deprived of money and property; and whereas, many like suits and indictments will probably be hereafter brought; and whereas, the attorney representing the State in these cases has lately died, and it is now necessary that there should be some competent attorney who shall have specially in charge such cases: therefore Preamble. Resolved , That the Attorney General be, and he is hereby, authorized to take charge of said suits and prosecutions, and all others which may be necessary to institute, and he be empowered to prosecute, control and settle the same, as the best interests of the State may require; and that for his services, to be rendered in this behalf, he be paid such compensation as the Governor shall consider to be reasonable; and in cases where the Attorney General may be unable to bring and manage a case, or shall need the assistance of other counsel in cases and prosecutions, the Governor may employ such necessary assisting counsel, and pay such fees as to him shall seem reasonable and just. Attorney General to prosecute. Additional counsel. Approved August 26, 1872. (No. 24O. No. 43.) Resolved by the General Assembly of the State of Georgia , That the currency bonds, issued under the act of August, 1870, for temporary purposes, have been cancelled by the issue of gold bonds of the State for the purposes of the original issue, and it is hereby declared that said currency bonds are not binding upon the State, and the Governor, Treasurer, or any other officer of the State, is hereby prohibited

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from paying the principal, or interest, or any part thereof, or in any manner recognizing the validity of said bonds. Currency bonds. Payment prohibited. Whereas, J. Boorman Johnson Co., of the city of New York, and A. J. Johns, of the city of Brooklyn and State of New York, hold certain currency bonds of this State, which they allege were hypothecated with them by H. I. Kimball, as the State agent; and whereas, it is claimed by said bondholders, that, if allowed to make further proof, they will be able to show that the funds loaned upon such hypothecation were received and used by this State; and whereas, it is the purpose of this General Assembly to meet and discharge all demands against the State for sums of which she has received the benefit, and to give to parties holding such demands the largest opportunity to establish the character of their claims: be it therefore Preamble. Resolved by the Senate and House of Representatives , That said holders of currency bonds may have reduced to writing, and sworn to before Thomas L. Snead, Esq., of the city and State of New York, such statements as they may see proper to submit, tending the hypothecation of said bonds, and the fact that the State received the benefit of the money borrowed on said hypothecation. The testimony shall be in the form of question and answer. The said Thomas L. Snead, as commissioner to take such testimony as aforesaid, shall transmit the same taken to the Governor of this State, whose duty it shall be to lay the same, together with the report of the bond committee on the currency bonds, before the next General Assembly. Testimony. Approved August 26, 1872. (No. 25.O. No. 44.) Resolved by the General Assembly , That the committee heretofore appointed to investigate the management of the Western Atlantic Railroad shall be continued for the purposes and with the powers specified in the joint resolutions of the General Assembly, approved on the 1st of December, 1871, and the 20th of January, 1872. When said committee shall have ascertained that any person having funds of said road, unaccounted for, is in default, the chairman of said committee shall report the name of said defaulter, and the amount and date of the default to the State Treasurer; thereupon said Treasurer shall demand, or cause to be demanded from such

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person, the amount of such default and the penalty prescribed by law, and report to said chairman, if there be a refusal to pay on such demand, or if such person absconds or conceals himself, said Treasurer shall report that fact to said chairman. If any person, heretofore an officer or agent of said road, shall be the defaulter so proceeded against, said chairman, upon receipt of such Treasurer's report, shall notify the Comptroller General of such default and failure to pay on demand, or that the person in default absconds or conceals himself, as the case may be, and thereupon the Comptroller General shall issue execution against such defaulter and his securities as heretofore provided by law; but if such defaulter shall be a person not heretofore being an officer or agent of said road, upon receipt of such return by the Treasurer, said chairman shall report the same to the Governor, who shall proceed to have the amount of the default collected according to law. Continued in office. Names of defaulters. Defaulting officers. Execution. Approved August 26, 1872. (No. 26O. No. 45.) The committee to whom was referred the duty of having painted a portrait of the Honorable Howell Cobb, to be hung up in the vacant space in this hall, beg leave to make the following report: Portrait. The committee proceeded at once to secure the services of a competent artist, and the painting of said portrait was entrusted to Mr. John Maier, who has executed the work in a style highly gratifying to the committee, who now submit to the House whether their judgment will concur with that of the committee. Your committee, therefore, recommend that the portrait be received, and submit the following resolution: Resolved , That his Excellency the Governor is hereby authorized and instructed to draw his warrant upon the Treasurer for the sum of twelve hundred dollars in favor of John Maier, in full payment for a portrait of Honorable Howell Cobb, now suspended on the walls of this House. Payment. H. L. W. Craig, Joseph F. Pou, W. H. Payne, Committee . Approved August 26, 1872.

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(No. 27O. No. 46.) Whereas, Under existing laws, lunatics, idiots and epileptics are confined in the same asylum; and whereas, the universal opinion of medical men, as expressed, is, that it is deleterious alike to all classes to be thus thrown together; and whereas, there are lunatics sufficient to fill the asylum at Milledgeville: therefore be it Preamble. Resolved , That his Excellency the Governor be authorized and required to cause the trustees of the Lunatic Asylum to select some appropriate place or location within this State, sketch a design for a commodious and suitable building, with an estimate of the probable cost, with such other facts, or such other information, as said trustees may obtain, or see proper to suggest, keeping in view the erection of an asylum for the reception of idiots, epileptics and inebriates, and report the same to his Excellency the Governor, to be submitted by his Excellency to the next General Assembly for such action as they may direct. Asylum. Approved August 26, 1872. (No. 28O. No. 47.) Resolved , That an act to authorize the town council of Forsyth to issue bonds as currency to purchase stock in the property of the Monroe Female College and Hilliard Male Institute, and to repair said property for school purposes, which act was passed by the Senate and House of Representatives, and sent to the acting Governor prior to the 9th December, 1871, and which was omitted in the report of the committee appointed to look after this class of bills, but which has been reported by said committee at the present session of this General Assembly, be sent to the office of the Secretary of State, to be published as an act of this General Assembly. May issue bonds. Approved August 26, 1872. (No. 29O. No. 48.) Resolved by the General Assembly of the State of Georgia , That the indorsement of the State's guaranty upon the bonds of the South Georgia Florida Railroad Company was made

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in compliance with the Constitution of the State, and the act granting the aid, and that said indorsement is hereby declared valid and binding upon the State. State aid. Approved August 26, 1872. (No. 30O. No. 49.) Whereas, At a recent convention of planters, held in the city of Griffin, with great unanimity the delegates of said convention adopted a resolution looking to a thorough change in regard to the fence laws of this State; and whereas, the voice of a body of men, famous for their intelligence and distinguished for their virtue, should not fail to elicit the consideration of the General Assembly; and whereas, the planting interest is the source of all material wealth, and should be encouraged by every lawful means: be it therefore Preamble. Resolved by the Senate and House of Representatives , That a committee of one from the Senate and two from the House be appointed, whose duty it shall be to correspond with the officers of the Georgia Agricultural and Mechanical Convention, and request that the officers of said convention prepare a bill upon the subject indicated in the preamble of this resolution to be presented to the next General Assembly for action. Joint committee. Resolved , That it is the pleasure of the General Assembly to legislate upon all subjects looking to the great agricultural interests and to so shape legislation as to protect and advance said interests. Approved August 26, 1872. (No. 31O. No. 50.) Whereas, The joint committee of the General Assembly, appointed under resolution approved December 14, 1871, to investigate the conduct of the commissioners appointed under the act of the Legislature to audit all claims against the Western Atlantic Railroad, report adversely to a number of audited claims, a few of which have not been paid: therefore Preamble. Resolved by the Senate and House of Representatives in General Assembly met , That the Treasurer be, and he is hereby, directed not to pay an Executive warrant of $7,345.00,

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issued to H. G. Cole, on the 7th day of December, 1871, the joint committee having reported adversely to the payment of said claim. Payment of warrant stopped. Approved August 26, 1872. (No. 32O. No. 51.) Be it resolved by the Senate and House of Representatives , That the Governor be, and he is hereby, authorized and required to employ some competent and skillful person, for a term not exceeding thirty days during the recess of the Legislature, at a fair and reasonable price, to be fixed by the Governor, to take in hand the printing claims against the State, and to report what papers published official proclamations and orders under direct Executive warrants, and what, under expectation of obtaining appropriations therefor without Executive warrants; and further, that the person so employed shall be required to measure the squares charged for by the claimants, and to reduce the entire official advertising matter to solid measure, with exception of caption or heading, which shall be reduced to reasonable space, at the rate of ten lines to the square, and to report to the Governor, in detail, every fact connected with the history of each claim as will enable the Governor to act advisedly in the premises. Claims for printing. Person to consider. Duty of. Be it further resolved , That it shall be the duty of the person so employed, in addition to the duties above imposed, to indorse upon each claim his approval or disapproval of the same, and to determine and report the amount due upon the claims approved by him, at the rate of one dollar per square for the first insertion and fifty cents a square for each subsequent insertionupon the basis of ten lines to the square, solid measurefor the entire official advertising matter contained in each paper, and when the claims have been so reported to the Governor, it shall be his duty, and he is hereby authorized to approve the same, to draw his warrant upon the treasury for the amount due whenever, in his opinion, the condition of the finances in the treasury will justify such payment: Provided , That, where advertisements shall have appeared in several papers not editions of the same paper, belonging to one publisher, no charge shall be allowed, except for one paper. Claims. Approved August 26, 1872.

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(No. 33O. No. 52.) A resolution relative to the lease of the Western Atlantic Railroad. 1. Be it resolved by the Senate and House of Representatives , That the investigation of the special committee, raised for the purpose of scrutinizing and passing upon the fairness or unfairness of the lease of the Western Atlantic Railroad, has disclosed nothing, in the conduct of the lessees, which would authorize a court of justice, or this General Assembly to set aside the lease contract, for fraud or unfairness. Lease. 2. Resolved , That, in the opinion of the General Assembly, the contract of lease with the State is a most advantageous one, as it secures a fair sum certain for the treasury, and removes the road, with its business complications, from the politics of Georgia, which of itself is a consummation devoutly to be wished. Favorable to State. 3. Whereas, The president of the Western Atlantic Railroad Company, at the meeting of the General Assembly in November last, by a letter to Governor Conley, complained that the inventory of the property belonging to the State Road, as turned over by the commissioners appointed by Governor Bullock, was incorrect in some respects, doing injustice to the lessees, and in others to the State, and requested that it should be corrected; and whereas, the investigating committee, appointed to look into the fairness or unfairness of the lease contract, report they find it incorrect, and recommend that it be rectified; and whereas, justice to the State and to the lessees of the Western Atlantic Railroad alike requires that the inventory of the property, as turned over to said lessees under the lease contract with them, be made correct: be it therefore Preamble. Resolved by the General Assembly of Georgia , That his Excellency the Governor be, and he is hereby, instructed to have a fair and just inventory made out and returned and recorded in the Secretary of State's office, which will stand as the true inventory by which the lessees shall make their final settlement with the State at the end of the lease. Inventory. And be it further resolved by the authority aforesaid , That said inventory shall be made by three commissioners, who are competent railroad men, one to be selected by his Excellency the Governor, one by the president of the Western Atlantic Railroad Company, and they two shall select a third; and said commissioners shall hear evidence as to the condition of the road, its rolling stock and appurtenances of every character, at the date of said lease, and shall make out, from the best evidence which they can obtain bearing upon the question, a just and fair inventory between the State and

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the lessees, and return it for record as aforesaid, describing the condition of the track, and putting a fair valuation upon the rolling stock and material and appurtenances on hand at the date of the lease. By whom made. Recorded. Approved August 26, 1872. (No. 34O. No. 53.) Whereas, The Door-keepers and Messengers are, by our Code, placed on the same footing, as to mileage, as members of the House: be it therefore Resolved , That the Messengers and Door-keepers of each House be, and they are hereby, entitled to draw mileage. Pay of. Approved August 27, 1872. (No. 35O. No. 54.) Resolved , That his Excellency the Governor be, and he is hereby, authorized to cause payment to be made of the claim of the Rogers' Locomotive Machine Works for four new engines and two cylinders, to the amount of fifty-two thousand five hundred and sixty-one dollars and sixty cents, drawing his warrant therefor under the appropriation contained in the bill known as the Loan Act, approved day of , 1870, the same to be paid out of any money in the treasury not otherwise appropriated. Warrant in favor of. Resolved , That the Governor be, and he is hereby, authorized to draw his warrant for the payment of the sum of seven thousand and twenty-two dollars and four cents, upon the claim of Job Jackson, for balance of payment for a car bought for the Western Atlantic Railroad in the year 1870. Job Jackson. Approved August 27, 1872. (No. 36O. No. 55.) Resolved by the General Assembly of Georgia , That the services rendered by Messrs. Charles O'Conor, Jeremiah L. Black, David Dudley Field, Robert J. Brent and Edgar

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Cowan, in striving to maintain the rights of the State of Georgia, before the Supreme Court of the United States, are highly appreciated, and entitle them to our grateful thanks, which are hereby heartily tendered. Thanks tendered. Approved August 27, 1872. (No. 37O. No. 56.) Resolved , That the official compiler of the laws of the present session of the General Assembly be directed to prepare and have ready for distribution, within ten days after adjournment, one thousand copies of a pamphlet, at fifty cents per copy, containing the public laws passed at this session. Subscription for. Approved August 27, 1872. (No. 38O. No. 57.) Resolved , That his Excellency the Governor be, and he is hereby, instructed to draw his warrant on the Treasurer for two hundred dollars, in favor of George P. Harrison; also for one thousand dollars in favor of A. J. Glenn; also for five hundred dollars in favor of W. D. Bowling; also for five hundred dollars in favor of James T. Wheeler; also for three hundred dollars in favor of L. A. Simmons; also for two hundred dollars in favor of Dunlap Cooperthese amounts to be received by the aforesaid parties in full, and as a final settlement for claims now held by them for rewards. Claims settled. Approved August 29, 1872. (No. 39O. No. 58.) Resolved , That the following sums be, and the same are hereby, appropriated to pay the claims of the parties whose names are hereto affixed, and the Governor is authorized and required to draw his warrants on the treasury for the same, when, in his judgment, such warrants can be drawn with safety to the State's financial interest: John M. Clark, forty-six dollars and seventy-one cents; D. B. Stetson, sixty-seven dollars; Milledgeville Manufacturing Company, five hundred and thirty-six dollars and fourteen cents; William D. Ellison,

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twenty-one dollars and eighty-eight cents; W. C. Jessup Co., one hundred and nineteen dollars and seventy-three cents; Platt Bro. Co., two hundred and sixty-seven dollars; Born, Brown Co., four hundred and eighteen dollars and eighty-seven cents; Pitman Perry, forty-nine dollars and three cents; William E. Evans, ten dollars and forty-five cents; A. I. Butts, twenty-three dollars and thirty-four cents; Leeper Menifee, nine hundred and twenty-five dollars and ninety-one cents; W. G. Lanterman, one hundred and sixty dollars and seven cents; Joseph Stately, fifty-eight dollars and ninety cents; A. C. Smith, thirty dollars and fifty-nine cents; Johnson Cousin, forty-two dollars and forty-six cents; J. M. Aycock, one hundred and fifty-three dollars and sixty-four cents; (note) D. R. Tucker, two hundred and forty-five dollars and fifty-six cents; Alexander Broomhead, two hundred dollars; George Reynolds, one hundred and seventy-five dollars; for letter press, S. A. Darnell, T. T. Windsor, nine dollars; P. L. Mynatt, three hundred and seventy-five dollars; and the further sum of six hundred dollars to pay other claims against the Penitentiary; and the further sum of three hundred and sixty-nine dollars and ninety-five cents, to pay claim of Z. D. Harrison, Clerk of the Supreme Court, for incidental expenses of said court, from November 9, 1871, to May 9, 1872. Appropriations. Approved August 29, 1872. (No. 40O. No. 59.) A resolution in relation to the seizure of the assets of the Georgia National Bank, of Atlanta, by the State of Georgia, and to authorize the Governor to release and turn over to private depositors the amount of their deposits. Whereas, In the seizure of the assets of the Georgia National Bank, of Atlanta, by the State of Georgia, money deposited by private individuals was also seized; and whereas, it is but just to the private depositors that they should have the amount of their deposits, and that the same should not be taken to pay the claims of the State on said bank: therefore be it Preamble. Resolved , That the Governor be, and he is hereby, authorized to release and turn over to private depositors the amount of their deposits, which were seized by the State among the assets of the Georgia National Bank, of Atlanta, upon satisfactory proof submitted to him of the deposit by each person

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applying, and the amount of such deposit, and that a sufficient amount of assets be released, in addition to the money seized, to pay off such deposits: Provided, however , That before the private deposits shall be released by the Governor, the proper officer or officers of the bank shall consent, in writing, to such release: Provided further , That the adoption of this resolution shall not affect the suit now pending against said bank in favor of the State of Georgia. Private deposits. Proviso. Approved August 29, 1872.

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NOTE. (O. No.) refers to the original number of each act, as of file in the office of the Secretary of State. The original numbers, up to twenty-nine, were passed at the January session of 1872, and were published as an appendix to the last compilation of laws by David G. Cotting, Secretary of State. There are a few unimportant errors in this compilation, which were discovered too late for correction. They are merely typographical, or in the arrangement, and do not affect the text. Compiler.

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INDEX TO PUBLIC LAWS. A ACTIONS Against insurance companiesform of 38 ADMINISTRATORS AND EXECUTORS May sell city property on premises 32 Duties of, in certain cases, defined 31 ARMS Distribution ofto volunteer companies 59 ATLANTA When party to suit, resident judges may preside 38 Residents, competent jurors when city is party 38 ATTACHMENTS Replevy bonds in cases of 8 ATTORNEY GENERAL Governor to consult in certain cases. 39 Governor may require aid of 40 Term of office defined 80 B BAILIFFS Compensation of 46 BONDS Of Brunswick Albany RailroadGold bonds declared void 6 Of Bainbridge, Cuthbert Columbus RailroadState's guaranty declared null and void 5 Of Cartersville Van Wert Railroad State's iudorsement declared null and void 7 Of Cherokee RailroadState's indorsement declared null and void 7 Of Brunswick Albany Railroad, under act of March, 1869State's indorsement declared null and void 7 State gold bonds issued in aid of Brunswick Albany Railroad, under act of October 17, 1870State's indorsement declared null and void 6 Quarterly gold bonds of State, under act of September 15, 1870, declared null and void 8 In claim casesmanner of giving 41 Forthcomingnone in cases of levy on real estate 40 Replevy in attachment cases 8 C CHURCHES AND ACADEMIES How incorporated 23 CLAIMS To real estateno forthcoming bonds necessary 40 Bonds given in how 41 CLERKS Of Superior Courtsterm of office defined 80 CODE AMENDMENTS Section 851 amended 77 Sections 869 to 878, inclusive, repealed 77 Section 3243 amended 8 Section 4306 amended 9 Section 4146 amended 9 Section 675 amended 10 Section 4348 amended 10 Section 2718 repealed as far as affects certain cases 10 Section 61 amended 11 COLLECTORS OF TAX Term of office defined 80 COMPTROLLER GENERAL Term of office defined 80

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CONGRESSIONAL DISTRICTS Re-established in accordance with last apportionment 12 CONSPIRACY To extend law of 24 CONSTITUTION Act to carry into effect latter part of the second clause, article five of the Constitution of Georgia 14 Act to carry into effect article five, section three, of the Constitution of Georgia 13 Act to carry into effect thirteenth section, article five, of the Constitution of Georgia 15 CONTINUANCES Counter showing on motion for, in criminal cases 41 CORONERS Term of office defined 80 CORPORATIONS Towns and villages how incorporated 16 COSTS Insolvent criminal cost in Northern Circuit 41 To be paid in advance in certain cases 42 COUNTY When party to suitsservice, how perfected 39 COUNTY COURT Act to create amended 42 COUNTY JUDGE Section 2718 Code, repealed as to civil jurisdiction of 10 COUNTY OFFICE Eligibility to hold 24 COURTS Superior Courts of Albany Circuittime of holding changed 48 Superior Court of Cherokeetime of holding changed 49 Superior Court of Lowndestime of holding changed 49 Superior Court of McDuffietime of holding changed 50 Superior Court of Columbiatime of holding changed 50 Superior Court of Montgomerytime of holding changed 50 Superior Court of Muscogeetime of holding changed 50 Superior Court of Rabunterms of made valid 51 Superior Court of Rabuntime of holding changed 51 Superior Court of Rockdaletime of holding changed 52 Superior Courts of Southern Cireuittime of holding changed 52 Superior Court of Talbottime of holding changed 53 CRIMINAL CASES Counter showing to motion for continuances in 41 CROPS Act for protection of 34 D DEEDS Not mortgages when 47 DENTISTRY Practice of regulated 27 DIVORCE Disabilities by reason ofhow removed 14 E ELECTIONS Time of holding regulated 29 For Governor in case of vacancy 30 EXECUTIONS For taxes may be transferred 75 EXECUTORS AND ADMINISTRATORS May sell city property on premises. 32 Duties of in certain cases defined 31 FELONY Conspiracy made felony 24 Rewards for perpetrators of 11 F FENCES AND STOCK Act relative to 34 FIREMEN Exemption offrom jury duty 33 FISH Artificial shell-reefs protected 58 G GARNISHMENT Law of amended 43 GOVERNOR Election of, in case of vacancy 30 May institute suits in certain cases 39 Term of office defined 80 Appointing power of 80

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GRAND JURIES To appoint citizens to inspect books of county officers 45 GUARDIANS May sell city property on premises 32 H HABEAS CORPUS Ordinaries may not issue writs ofwhen 44 HOMESTEAD Receivers appointed in certain cases of 44 HUSBAND AND WIFE Suits between 39 I ILLEGALITY To fi. fa . levied on real estateno forthcoming bond 40 IMMIGRANTS May not leave employers when 26 INCORPORATIONS Of towns and villageshow effected. 16 INSURANCE COMPANIES Liable for damages in certain cases. 43 Form of actions on policies of 38 J JUDGE OF COUNTY COURT Section 3718 of the Code repealed as to civil jurisdiction of 10 JUDICIARY Actions against insurance companiesform of 38 Actions against city of Atlantaresident judges may preside in 38 Actions against city of Atlantaresident jurors may try 38 Actions by and against married women 39 Actions against countiesservice, how perfected 39 Actions in certain casesGovernor may institute 39 Actions in Justice's Courtshow conducted 40 Claim casesno forthcoming bond in case of levy on real estate 40 Claim bondsmanner of giving 41 Conspiracylaw of extended 24 Continuancescounter-showing 41 Costsinsolvent in Northern Circuit 41 Coststo be paid in advance, when 42 County CourtSuperior Court, cost in 42 Damagesinsurance companies liable for, when 43 Gamingnot allowed in retail liquor houses 26 Garnishmentlaw amended 43 Habeas Corpus Ordinaries may not issue, when 44 Homestead casesreceivers in 44 Immigrantsmay not leave employers, when 26 Jurorsgrand, to appoint citizens to inspect books, etc 45 Jurorscompensation of 46 Liensin favor of builders, contractors and lumbermen 47 Liensin favor of brick manufacturers 47 Loanssale of land to secure 47 Superior Courts of Albany Circuittime of holding 48 Superior Court of Cherokee countytime of holding 49 Superior Court of Lowndes countytime of holding 49 Superior Courts of McDuffie and Columbia countiestime of holding 50 Superior Court of Montgomery countytime of holding 50 Superior Court of Muscogeetime of holding 50 Superior Court of Rabun countyterms of made valid 51 Superior Court of Rabun countytime of holding 51 Superior Court of Rockdale countytime of holding 52 Superior Courts of Southern Circuittime of holding 52 Superior Court of Talbot countytime of holding 53 Supreme Courtmode of deciding cases regulated 54 Testimonyact for taking depositions amended 54 JURORS Citizens of Atlanta rendered competent in certain cases 38 Ordained ministers exempt from service as 33 Not to serve more than four weeks 15 Certificates for service as, receivable for tax 78 Grand jurors to appoint citizens to inspect books of county officers 45 Firemen exempt from service as 33 JUSTICES OF THE PEACE Manner of conducting suits before. 40 K KEROSENE OIL To protect people in sale of 55 L LARCENY FROM HOUSE Felonywhen 10

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LEGISLATURE Members ofterm of office defined. 80 LEIN In favor of builders, contractors and lumbermen 47 In favor of manufacturers of brick 47 LOANS Sale of property to secure 47 M MARRIED WOMEN May sue and be suedhow 39 MILITARY COMPANIES Distribution of arms to 59 MINISTERS Ordainedexempt from jury duty 33 O OBSTRUCTIONS To prevent or remove from private ways 60 OFFICERS Civilterm of office defined 80 OIL Keroseneto protect people in sale of 55 ORDINARIES Term of office defined 80 May not issue writs of habeas corpus , when 44 Power ofin reference to private ways 60 To appoint receivers in certain cases 44 P PLEAS May be sworn tohow 13 PRINTING Tax on material 76 PRIVATE WAYS To secure enjoyment of 60 PUBLIC SCHOOLS Act to perfect system of 64 To provide for paying teachers, etc. 62 R RAILROADS Right-of-waytelegraph companies may use 78 Bainbridge, Cuthbert ColumbusState's indorsement on bonds declared void 5 Brunswick AlbanyState gold bonds in aid of, declared void 6 Cartersville Van WestState's guaranty on bonds of, declared void 7 CherokeeState's indorsement on bonds of, declared void 7 Brunswick AlbanyState's guaranty on bonds of, declared void 7 RECEIVERS Of taxterm of office defined 80 Appointed by Ordinaries in certain cases 44 RETAIL LIQUOR HOUSES No gaming allowed in 26 REWARDS Amount of regulated 11 S SALES Of property to secure loans 47 SHERIFFS Term of office defined 80 SOLICITORS GENERAL Term of office defined 80 SUITS Against counties. Servicehow perfected 39 In Justices' Courtshow conducted 40 Governor authorized to institute, in certain cases 39 SUPERIOR COURTS Of Albany Circuit 48 Of Cherokee county 49 Of Lowndes county 49 Of McDuffie county 50 Of Columbia county 50 Of Montgomery county 50 Of Muscogee county 50 Of Rabun county 51 Of Rockdale county 52 Of Southern Circuit 52 Of Talbot county 53 Judges ofterm of office defined 80 Clerks ofterm of office defined 80 SUPREME COURT Mode of deciding cases by 54 Judgesterm of office defined 80 SURVEYOR GENERAL Term of office defined 80 T TAX On unreturned wild land 76 Collectorsterm of office defined 80 Receiversterm of office defined 80 On printing material 76 On wild landshow assessed and paid 77

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Jury certificates, receivable for 78 Executions for may be transferred 75 TELEGRAPH COMPANIES May construct lines on railroad right-of-way 78 TESTIMONY To amend law for taking, by written depositions 54 TOLL May not be collectedwhen 83 TOWNS AND VILLAGES Manner of incorporating 16 TREASURER Term of office defined 80 TURNPIKE ROADS Toll may not be collectedwhen 83 V VOLUNTEER COMPANIES Distribution of arms to 59 VACANCIES In office of Governorhow filled 30 W WILD LANDS How returned for taxation 77 How assessed 77 Unreturnedcollection of tax on suspended 76

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INDEX TO LOCAL AND PRIVATE LAWS. A ADAMS, W. A. Payment of costs to 495 ADAIRSVILLE Charter amended 121 ALBANY Charter amended 125 Commercial Bank of 88 Registration of voters in 123 ALEXANDER FREE SCHOOL Bonds issued for educational purposes 482 ALEXANDER, N. O. Securities relieved 496 ALPHARETTA Charter amended 125 ALTAMAHA RIVER Propagation of shad-fish 483 AMBROSE, HENRY Right to plant oysters 496 AMERICUS Bank of 88 Bonds of may be issued 126 APPLING COUNTY County site of 385 Portion of cut off 386 ATHENS Charter amended 127 Athens Eatonton Railroad Company 320 Gaslight Company 292 Manufacturing Company 294 Subscription to N. E. Railroad Company 127 ATLANTA Charter amended 137 City Bank of 88 City Court of 136 Dollar Savings Bank of 91 Payment of jurors in 136 Real Estate Savings Bank 114 Tax executions, etc. 137 Atlanta Tennessee Railroad Company 324 ATLANTIC, FORT VALLEY MEMPHIS RAILROAD COMPANY 326 ATLANTIC MEMPHIS MAGNETIC TELEGRAPH COMPANY 376 AUGUSTA City Court of 141 City Loan Savings Bank of 91 Exchange may elect arbitrators 138 Limits of 139 Augusta Louisville Railroad Company 327 Savings Bank of 96 Streets of 140 B BALDWIN COUNTY Fees of treasurer 438 BALDWIN AND WILKINSON Line betweenchanged 387 BANKS Bank of Americus 88 Bank of Dawson 97 Capital Bank of Macon 106 City Bank of Atlanta 88 City Loan Savings Bank of Augusta 91 Commercial Bank of Albany 88 Darien Banking Company 96 Darien Banking Company 97 Dollar Savings Bank of Atlanta 91 Georgia Banking Company 95 Georgia Metropolitan Banking Company 99

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Hawkinsville Bank Trust Company 102 Macon Fire Insurance Trust Association 108 Marietta Savings Bank 111 Merchants' Farmers' Mutual Banking Trust Company 111 Merchants' Mechanics' Savings Bank of Columbus 96 Merchants' Planters' Bank of Washington 117 Planters' Miners' Bank of the State of Georgia 114 Real Estate Savings Bank 114 Savannah Bank Trust Company 116 Savings Bank of Augusta 95 BARNARD ANDERSON Street Railroad Company 327 BARNESVILLE Bonds of 142 BELISARIO, M. M Right of to grow oysters 496 BIBB COUNTY Board of education for 388 BIBB AND HOUSTON COUNTIES Road laws 390 BLACKSHEAR Charter amended 143 BROOK, J. T Securities relieved 497 BROOKS COUNTY Issue of bonds 390 BRUNSWICK Charter amended 151 BRYAN COUNTY Investment of school funds 392 BUFORD Charler amended 149 BULLOCH COUNTY Commissioners for 392 Jury certificates 397 BURKE COUNTY Fences and crops 394 BUTLER Charter of 165 BUTTS COUNTY County Court act repealed as to 395 Issue of bonds by 395 C CALHOUN Charter amended 172 CALHOUN COUNTY Issue of bonds by 396 Ordained ministersexemption of 396 CAMDEN COUNTY Jury certificates 397 CAMPBELL COUNTY Part of added to Fulton 397 CAMPBELL AND COWETA COUNTIES Line between changed 407 CANOOCHEE RIVER Obstruction of 484 CARNESVILLE Charter of 172 CARROLLTON Charter amended 175 CARTERSVILLE Charter of 179 CATTLE CREEK GOLD MINING COMPANY 312 CENTRAL RAILROAD BANKING COMPANY 331 CERCOPELY, MRS. T Relief of 497 CHARLTON, CAMDEN AND BULLOCH COUNTIES Jury certificates 397 CHARLTON COUNTY Commissioners of roads, etc. 398 CHATHAM COUNTY Rooms for City Court 399 Seining for fish 398 CHATTAHOOCHEE AND MARION COUNTIES Line between changed 399 CHATTAHOOCHEE Manufacturing Company 295 CHATTOOGA QUITMAN COUNTIES Criminal Courts for 400 CHEROKEE COUNTY School tax 400 CHEROKEE MANUFACTURING CO. 295

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CITIES AND TOWNS Adairsville Charter amended 121 Albany Charter amended 125 Registration of voters 123 Alpharetta Charter amended 125 Americus Bonds may be issued 126 Athens Charter amended 127 Subscription to N. E. Railroad 127 Atlanta Charter amended 137 City Court of 136 Payment of jurors 136 Tax executions 137 Augusta City Court of 141 Exchange 138 Limits of 139 Streets of 140 Barnesville Bonds of 142 Blackshear Charter amended 143 Brunswick Charter amended 151 Buford Charter of 149 Butler Charter of 165 Calhoun Charter amended 172 Carnesville Charter of 172 Carrollton Charter amended 175 Cartersville Charter of 179 Clarkesville Charter amended 182 Clinton Charter of 184 Cuthbert Registration of voters 186 Dalton Charter amended 187 Issue of bonds Darien Lumber inspectors 189 Dawson Charter of 190 Dawsonville Charter of 193 Eatonton Charter amended 195 Fayettevillr Charter amended 196 Forsyth Bonds of 198 Charter amended 197 Franklin Charter amended 199 Gainesville Charter amended 203 Issue of bonds 202 Graysville Charter of 204 Greensboro Charter amended 206 Hampton Charter of 206 Hawkinsville Stock in railroad companies 209 Hephziba Charter amended 209 Jefferson Charter of 210 Jewell's Mills Charter of 216 Jonesboro Charter amended 217 Lincolnton Charter amended 221 Louisville Charter amended 222 Macon Charter amended 222 Milledgeville Charter amended 240

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Mount Vernon Charter amended 241 Quitman Charter amended 243 Ringgold Charter amended 244 Rockmart Charter of 244 Rome Bonds of 248 Charter amended 247 Sandersville Charter amended 248 Savannah Bonds 258 Bonds 260 Charter amended 254 County jail 255 Dockage 257 Military companies 261 Poor house 256 Rents 259 Senoia Charter amended 262 Smyrna Charter of 262 Starksville Real estate 264 Stone Mountain Charter amended 266 Swainsboro Charter amended 269 Talbotton Subscription to railroad company 270 Thomaston Charter amended 271 Thomasville Registration of voters 274 Thomson Charter amended 276 Trenton Charter amended 276 Valdosta Market Square 277 Van Wert Charter amended 278 Warrenton Charter amended 278 West Point Bonds 279 Whitney Charter amended 279 Woodbury Charter of 280 Wooten Charter of 281 CITIZENS' GASLIGHT COMPANY 296 CLARKE COUNTY School fund 401 CLARKESVILLE Charter amended 182 CLAY AND CALHOUN COUNTIES Line between changed 402 CLAYTON AND MILLER Convicts 402 CLINCH AND COFFEE COUNTIES Line between changed 402 CLINTON Charter of 184 COBB COUNTY Bonds of 403 COFFEE AND CLINCH COUNTIES Line between changed 402 COFFEE AND WARE COUNTIES Line between changed 403 COLLINS, J. D. Bridge over Chattahoochee 498 COLUMBIA AND McDUFFIE Line between changed 403 COLUMBUS Merchants' Mechanics' Bank of 96 COMMERCIAL INSURANCE BANK OF AUGUSTA 282 COTTON AND WOOLEN FABRICS Manufacture of 298 COUNTIES AND COUNTY LINES Appling County-site of 387 Portion of cut off 385 Baldwin and Wilkinson Line between changed 387

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Bibb Board of education 388 Bibb and Houston Road laws 390 Brooks Issue of bonds 390 Bryan School fund 392 Bulloch Commissioners for 392 Burke Fences and crops 394 Butts Bonds to build court-house 395 County Court act repealed as to 395 Calhoun Issue of bonds 396 Ministers of the gospel 396 Campbell Part of added to Fulton 397 Charlton, Camden and Bulloch Jury Certificates 397 Commissioners of roads, etc 398 Chatham City Court of Savannah 399 Use of seins 398 Chattahoochee and Marion Line changed 399 Chattooga and Qitman Criminal Courts for 400 Cherokee School tax 400 Clarke School fund 401 Clay and Calhoun Line changed 402 Clayton and Miller Convicts 402 Clinch and Coffee Line changed 402 Cobb Bonds of 403 Coffee and Ware Line changed 403 Columbia and McDuffie Line changed 403 Coweta Fee to attorneys 404 Commissioners of roads, etc 405 Coweta and Campbell Line changed 407 Decatur Bonds 407 Dodge and Telfair Line changed 408 Dougherty Extraordinary tax 408 Dougherty and Lee Courts for 408 Effingham County site of 417 Liquor licenses 417 Fannin, Gilmer, Pickens, Union, Towns and Rabun Section 639 of Code repealed as to 418 Fayette Commissioners of roads, etc 418 Forsyth Commissioners of roads, etc 420 Gilmer Tax Receiver and Collector 421 Glynn County indebtedness 422 Gwinnett Pay of jurors 422 Road commissioners 423 Habersham, Lowndes and Dougherty Commissioners for 424 Habersham and Milton Draining lands 425 Haralson Board of education 426 Heard Commissioners for 429 Franklin Bridge 427 Heard and Dougherty Bonds of officials 427 Houston Issue of bonds 430 Road laws 430 Irwin and Wilcox Line changed 431

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Jones and Jasper Certain offices consolidated 431 Laurens Killing of deer in 432 Lee and Terrell Line changed 432 Liberty Board of commissioners 433 County commissioners 433 Lowndes Bonds, etc. 433 Lumpkin, White and Dawson Road laws 434 Macon Commissioners of roads 434 Macon and Schley Line changed 436 Madison Commissioners of roads 436 Madison and Baldwin Fees of officers 438 Madison School claims 438 Madison and Greene Insolvent cost 439 Madison and Jackson Line changed 439 Marion Commissioners of roads 440 Pay of jurors 441 McDuffie Consolidation of offices 442 Issue of bonds 442 McIntosh Habeas corpus cases 443 Milton Road laws 443 Monroe County commissioners 445 Muscogee County Court for 447 Juries and jury-boxes 451 Road commissioners 451 Oglethorpe Commissioners of roads, etc. 453 Pickens Bonds of county officers 454 Pike Pay of jurors 455 Pike and Monroe Line changed 455 Richmond Educational tax 455 Public instruction in 456 Screven County commissioners 464 County Courtact repealed as to 463 Criminal Court for 464 Spalding Insolvent cost 467 Stewart County indebtedness 467 Talbot, Marion and Taylor Protection of deer 469 Talbot Public roads, gates, etc. 468 Talbot and Taylor Line changed 469 Telfair Bonds, etc. 470 Terrell and Webster Line changed 470 Troup Commissioners of roads 471 Criminal Court 471 Troup and Dougherty Cost of officers 474 Twiggs May borrow money 475 Tax 475 Upson Public works 476 Walker Drawing of jurors 476 Ware and McDuffie Road commissioners 477 Washington County Court act 478 Insolvent cost 478 Wayne Consolidation of offices 479

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Webster Road commissioners 479 Whitfield, Murray and Hall Road commissioners 480 Wilkes and Taliaferro Line changed 481 Worth Revisers of jury boxes 482 COWETA COUNTY Payment of counsel fees 404 CUMMING MANUFACTURING CO 299 CUTHBERT Registration of voters 186 D DALTON Charter amended 187 Issue of bonds 188 DALTON SOUTHWESTERN RAILROAD COMPANY 332 DARIEN BANKING COMPANY 96 Banking company of 97 Lumber inspectors 189 DAWSON Bank of 97 Charter of 190 DAWSON COUNTY Road laws 434 DAWSONVLLE Charter o 193 DECATUR COUNTY Issue of bonds 407 DeKALB and HENRY COUNTIES Line chaned 408 DICKEY, S. A. Relief of 499 DIGBY, J. C. Securities lieved 500 DODGE and TLFAIR COUNTIES Line changd 408 DALLISON, JAMES Licensed to oeddle 500 DOONER, JAMES Costs due to 500 DOUGHERTY COUNTY Bond of Ordinary 427 Commissioners for 424 Tax for 408 DOUGHERTY and LEE COUNTIES County Courts for 408 E EATONTON Charter amended 195 EFFINGHAM COUNTY Commissioners of roads 417 Removal of court-house 417 ETNA MANUFACTURING CO 300 EUROPEAN AND AMERICAN TRANSPORTATION CO 378 EXCELSIOR GASLIGHT COMPANY 302 F FANNIN, GILMER, PICKENS, UNION TOWNS AND RABUN COUNTIES Section 639 of Code repealed as to 418 FARM PRODUCTS Unlawful sale of 484 FAYETTE COUNTY Road commissioners 418 FAYETTEVILLE Charter amended 196 FIREMEN Of Maconexemption, etc. 485 FORSYTH Bonds may be issued 198 Charter amended 197 FORSYTH COUNTY Road commissioners 420 FORT VALLEY FEMALE COLLEGE 485 FOX VALLEY MANUFACTURING COMPANY 304 FRANKLIN Charter amended 199 FULTON COUNTY Part of Campbell added to 397 G GAINESVILLE Charter amended 203 Issue of bonds 202

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GAINESVILLE, JEFFERSON SOUTHERN RAILROAD CO 333 GEORGIA RELIABLE INSURANCE COMPANY 284 GEORGIA RAILROAD BANKING COMPANY 336 GEORGIA SEABOARD NORTHWESTERN RAILROAD COMPANY 336 GEORGIA STATE LOTTERY 486 GEORGIA WESTERN RAILROAD COMPANY 337 GILMER COUNTY Section 639 of Code repealed as to 418 GILMER COUNTY Tax Collector and Receiver 421 GLENN, A. J. et. al. Relief of 501 GLYNN COUNTY Issue of bonds 422 GRAND TRUNK RAILROAD COMPANY 337 GRAYSVILLE Charter of 204 GREAT SOUTHERN RAILROAD CO. 338 GREENE COUNTY Insolvent costs 439 GREENESBORO Charter amended 206 GRIFFIN, FLAT SHOALS COLUMBUS RAILROAD COMPANY 338 GRIFFIN SANDTOWN RAILROAD COMPANY 341 GRISWOLDVILLE JEFFERSONVILLE RAILROAD COMPANY 342 GWINNETT COUNTY Commissioners of roads, etc. 423 Pay of jurors 422 H HABERSHAM LOWNDES COUNTIES Commissioners of roads, etc. 324 HABERSHAM AND MILTON COUNTIES Section 1601 of Code amended as to 425 HABERSHAM UNION TURNPIKE COMPANY 381 HALL COUNTY Commissioners of roads, etc. 480 HAMPTON Charter of 206 HARALSON COUNTY Board of education 426 HAWKINSVILLE BANK TRUST COMPANY 102 HAWKINSVILLE EUFAULA RAILROAD COMPANY 344 HAWKINSVILLE EUFAULA RAILROAD COMPANY Subscription to 345 Stock in railroad companies 209 HEARD COUNTY Bond of Sheriff 427 Commissioners of roads, etc. 429 Purchase of Franklin bridge 427 HEPZIBAH Charter amended 209 HIGHTOWER SLATE WORKS 314 HOUSTON COUNTY Issue of bonds 430 Road laws 430 Road laws 390 HULSEY, B. J. et. al. 501 I IMPORTING AND EXPORTING CO. OF GEORGIA 379 INSURANCE COMPANIES Commercial Insurance Banking Company of Augusta 283 Georgia Reliable Insurance Company of Atlanta 284 Mutual Insurance Company of Georgia 286 Rome Cherokee Mutal Insurance Company 289 IRWIN AND WILCOX COUNTIES Line changed 431 J JACKSON AND MADDON COUNTIES Line between changed 439 JACKSON, D. Relief of 502

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JASPER COUNTY Certain offices consolidated 431 JEFFERSON Charter of 210 JEWELL'S MILLS Charter of 216 JOHNSTON, W. B. et. al. Appropriation to 503 JONESBORO Charter amended 217 JONES AND JASPER COUNTIES Offices consolidated 431 JURORS Compensation of in certain counties 486 L LADIES' MEMORIAL ASSOCIATION 487 LANIER HOUSE COMPANY 487 LAURENS COUNTY Killing deer 432 LEE COUNTY County Court 408 LEE AND TERRELL COUNTIES Line changed 432 LIBERTY COUNTY Compensation of commissioners 433 Duties of commissioners 433 LINCOLNTON Charter amended 221 LOOKOUT MOUNTAIN RAILROAD COMPANY 346 LOUISVILLE Charter amended 222 LOUISVILLE BRANCH RAILROAD COMPANY 346 LOWNDES COUNTY Commissioners of roads 424 Issue of bonds 433 LUCY COBB INSTITUTE 488 LUMPKIN, WHITE AND DAWSON COUNTIES Road laws 434 LUTHERSVILLE Incorporated 280 M MACON Capital Bank of 106 Charter amended 222 MACON CIRCUIT Solicitor General's cost 488 MACON COUNTY Commissioners of roads 434 MACON CINCINNATI RAILROAD COMPANY 348 MACON Fire Insurance Trust Association of 108 MACON, MONTICELLO ATLANTA RAILROAD COMPANY 349 MACON AND SCHLEY COUNTIES Line changed 436 MACON, VIENNA WARWICK RAILROAD COMPANY 352 MACON WESTERN RAILROAD COMPANY 331 MACON WESTERN AND CENTRAL RAILROAD COMPANIES (Consolidated) 351 MADISON COUNTY Commissioners of roads, etc. 436 Payment of school claims 438 Salaries of officers 438 MADISON GREENE COUNTIES Insolvent cost 439 MADISON JACKSON COUNTIES Line changed 439 MANUFACTURING COMPANIES Athens Gaslight Company 292 Athens Manufacturing Company 294 Chattahoochee Manufacturing Company 295 Cherokee Manufacturing Company 295 Citizens Gaslight Company 296 Cotton and Woolen fabrics, manufacture of 298 Cumming Manufacturing Company 299 Etna Manufacturing Company 300 Excelsior Gaslight Company 302 Fox Valley Manufacturing Company 304 Oakley Mills Manufacturing Company 306 Rome Gaslight Company 307 Rome Hollow-ware and Stove Manufacturing Company 308 Rome Iron Manufacturing Company 307

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Savannah Brick Manufacturing Company 310 Talraver Mills 309 MARION COUNTY Commissioners of roads, etc 440 Killing deer in 469 Payment of jurors 441 MARION AND CHATTAHOOCHEE Line between changed 399 MARIETTA Savings Bank of 111 McDUFFIE COUNTY Commissioners for 477 Issue of bonds 442 Offices consolidated 442 McDUFFIE AND COLUMBIA Line changed 403 McINTOSH COUNTY Writs of Habeas Corpus 443 McLESTER, J. N. Relief of 504 MEMPHIS BRANCH RAILROAD COMPANY 365 MILLEDGEVILLE Charter amended 240 MILLER COUNTY Farming out convicts 402 MILTON COUNTY Road laws 443 Section 1601 of Code amended as to 424 MINING COMPANIES Cattle Creek Gold Mining Company 312 Hightower Slate Works 314 Mobile Atlanta Mining Company 315 Penrhyne Slate Mining Company 317 Ralston Branch Mining Company 317 Rowanta Slate Works 318 Mobile Atlanta Mining Company 315 MONROE COUNTY Commissioners of roads, etc 445 MONROE AND PIKE COUNTIES Line changed 455 MONTEZUMA VIENNA RAILROAD COMPANY 354 MONTGOMERY Street Fair Ground Railroad Company 356 MOUNT VERNON Incorporated 241 MURRAY COUNTY Commissioners for 480 MUSCOGEE COUNTY Commissioners of roads 451 County Court for 447 MUTUAL INSURANCE COMPANY OF GEORGIA 286 N NEELY, P. E Relief of 504 NEWNAN AMERICUS RAILROAD COMPANY 359 NORTH GEORGIA DUCKTOWN RAILROAD COMPANY 364 NORTH SOUTH RAILROAD COMPANY 364 O OAKLEY MILLS MANUFACTURING COMPANY 306 OCEAN STEAMSHIP COMPANY 380 OCMULGEE RIVER RAILROAD CO. 365 OGLETHORPE COUNTY Commissioners of roads 453 OHOOPEE RIVER Use of seins prohibited 488 P PENRHYNE SLATE MINING COMPANY 317 PICKENS COUNTY Official bonds of officers 454 Section 639 of Code amended as to 418 PIKE COUNTY Compensation of jurors 455 PIKE AND MONROE COUNTIES Line changed 455 PORTER SPRINGS Road from 489 Q QUITMAN Charter amended 243 QUITMAN COUNTY Criminal Court 400 R RABUN COUNTY Section 639 of Code amended as to 418

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RAILROADS Athens Eatonton Railroad Co 320 Atlanta Tennessee Railroad Co 324 Atlantic, Fort Valley Memphis Railroad Company 326 Augusta Louisville Railroad Co 327 Barnard Anderson Street Railroad Company 327 Central Railroad Banking Co 331 Dalton Southwestern Railroad Co 332 Gainesville, Jefferson Southern Railroad Company 333 Georgia Railroad Banking Co 336 Georgia Seabord Northwestern Railroad Company 336 Georgia Western Railroad Company 337 Grand Trunk Railroad Company 337 Great Southern Railroad Company 338 Griffin, Flat Shoals Columbus Railroad Company 338 Griffin Sandtown Railroad Co 341 Griswoldville Jeffersonville Railroad Company 342 Hawkinsville Eufaula Railroad Company 344 Hawkinsville Eufaula Railroad Company (subscription to) 345 Lookout Mountain Railroad Co 346 Louisville Branch Railroad Co 346 Macon Cincinnati Railroad Co 348 Macon, Monticello Atlanta Railroad Company 349 Macon Western Railroad Co 351 Macon, Vienna Warwick Railroad Company 352 Montezuma Vienna Railroad Co 354 Montgomery Street Fair Ground Railroad Company 356 Newnan Americus Railroad Co 359 North Georgia Ducktown Railroad Company 360 North South Railroad Company 364 Ocmulgee River Railroad Company 365 Rome Railroad Company 365 Sandersville Branch Railroad Co 366 Savannah Charleston Railroad Co 368 Steam Road Wagon Company 369 Talbotton Branch Railroad Co 370 Walton Railroad Company 372 West-End Atlanta Street Railroad Company 374 Wilmington Railroad Company 375 RALSTON BRANCH MINING COMPANY 317 RICHMOND COUNTY Public instruction in 456 Tax for educational purposes 455 RINGGOLD Charter amended 244 RISH, H. A Securities relieved 505 ROCKMART Incorporated 244 ROME Bonds of 248 Charter amended 247 ROME GASLIGHT COMPANY 307 ROME HOLLOW-WARE AND STOVE MANUFACTURING COMPANY 308 ROME IRON MANUFACTURING CO. 307 ROME RAILROAD COMPANY 365 ROME CHEROKEE MUTUAL INSURANCE COMPANY 289 ROWANTA SLATE WORKS 318 RUTHERFORD, W. E Relief of 506 S SANDERSVILLE BRANCH RAILROAD COMPANY 366 SANDERSVILLE Charter amended 248 SAVANNAH BANK TRUST COMPANY 116 SAVANNAH Bonds of 258 Bonds 260 Charter amended 254 Jail fees 255 Military companies of 261 Poor-house 256 Rents 259 Wharves 257 SAVANNAH BRICK MANUFACTURING COMPANY 310 SAVANNAH CHARLESTON RAILROAD COMPANY 368 SAVANNAH OGEECHEE CANAL COMPANY 382 SCHLEY AND MACON COUNTIES Line changed 436 SCHOOL SYSTEM FOR CERTAIN COUNTIES 490 SCREVEN COUNTY County commissioners 464 County Court act repealed as to 463 Criminal Court for 464 SCRUGGS, W. B Securities relieved 507 SELMA, ROME DALTON RAILROAD COMPANY 365

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SENOIA Charter amended 262 SHIVERS, S. C Securities relieved 507 SINGLETARY, N. P License to practice medicine 508 SMYRNA Incorporated 262 SPANISH CREEK CANAL CO. 382 SPALDING COUNTY Insolvent costs 467 STARKESVILLE Real estate in 264 STEAM ROAD WAGON COMPANY 369 STEWART COUNTY County debt 467 STILESBORO INSTITUTE 492 STONE MOUNTAIN Charter amended 266 SWAINSBORO Charter amended 269 T TALBOT COUNTY Gates across public roads 468 TALBOT, MARION AND TAYLOR COUNTIES. Killing deer 469 TALBOT AND TAYLOR COUNTIES Line changed 469 TALBOTTON Subscription to railroad 270 TALBOTTON BRANCH RAILROAD COMPANY 370 TALIAFERRO COUNTY Commissioners of roads, etc. 481 TALRAVA MILLS 309 TAYLOR, W. P. 508 TAYLOR COUNTY Killing deer in 469 TAYLOR AND TALBOT COUNTIES Line changed 469 TELEGRAPH COMPANIES Atlantic Memphis Magnetic Telegraph Company 376 Telegraphic communication between Georgia and Bahama Islands 377 TELFAIR COUNTY Issue of bonds 470 TELFAIR AND DODGE COUNTIES Line changed 408 TERRILL AND LEE COUNTIES Line changed 432 TERRELL AND WEBSTER COUNTIES Line changed 470 THOMASTON Charter amended 271 THOMASVILLE Registration of voters 274 THOMSON Charter amended 276 TOWNS COUNTY Section 639 of the Code amended as to 418 TRANSPORTATION COMPANIES European American Transportation Company 378 Importing Exporting Company of Georgia 379 Ocean Steamship Company of Savannah 380 TRENTON Charter amended 276 TROUP COUNTY Criminal court for 471 Road commissioners 471 TROUP AND DOUGHERTY COUNTIES Payment of costs 474 TWIGGS COUNTY Authorized to borrow money 475 Extra tax 475 TURNPIKE AND CANAL COMPANIES Habersham Union Turnpike Company 381 Savannah Ogeechee Canal Company 382 Spanish Creek Canal Company 382 U UNION COUNTY Section 639 of the Code amended as to 418

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UNION SOCIETY OF SAVANNAH 492 UPSON COUNTY Contracts for bridges, etc. 476 V VALDOSTA Market Square 277 VAN WERT Charter amended 278 W WALKER COUNTY Drawing jurors 476 WALTON RAILROAD COMPANY 372 WARE AND COFFEE COUNTIES Line changed 403 WARE AND McDUFFIE COUNTIES Road commissioners 477 WARRENTON Charter amended 278 WASHINGTON Merchants' Planters' Bank of 117 Exempted from County Court act 478 Insolvent costs 478 WAYNE COUNTY Offices consolidated 479 Part of Appling added to 378 WAYNESBORO ACADEMY 493 WEBSTER COUNTY Commissioners for 479 WEBSTER AND TERRELL COUNTIES Line changed 470 WEST END ATLANTA STREET RAILROAD COMPANY 374 WEST POINT Stock in railroad companies 279 WHITE COUNTY Road laws 434 WHITFIELD, MURRAY AND HALL COUNTIES Commissioners for 480 WHITNEY Charter amended 279 WILKES AND TALIAFERRO COUNTIES Line changed 481 WILKINSON, H. Q. Dam across Chattahoochee river 509 WILKINSON AND BALDWIN COUNTIES Line changed 387 WILMINGTON RAILROAD CO. 375 WILSON, WILLIAM W. Relief of 509 WOODBURY Incorporated 280 WOOTEN Incorporated 281 WORTH COUNTY Revisers of jury-boxes 482

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INDEX TO RESOLUTIONS. A ADVANCE To State Printer 518 AGRICULTURAL Land Scrip 514 APPROPRIATION To East Tennessee Virginia Railroad 515 To H. G. Cole 523 ASSETS Georgia National Bank 534 ASYLUM For idiots 528 ATTORNEY GENERAL Authorized to employ additional counsel 525 B BACON'S DIGEST AND JACKSON'S INDEX 519 BONDS Town of Forsyth may issue 528 C CHARLES O'CONOR, et al. Thanks of Georgia tendered to 532 CLAIMS Against the Penitentiary 533 Against the Western Atlantic Railroad 517 For printing 530 For rewards 533 COMMEMORATING Virtues of ex-Governor Charles J. Jenkins 520 COMMITTEE Appointed to prepare bill redistricting the State 513 On Western Atlantic Railroad continued in office 526 CURRENCY BONDS Issued under act of August, 1870 525 D DIVINE, JONES LEE Claims of 523 DOOR-KEEPERS AND MESSENGERS Pay of 532 G GEORGIA AGRICULTURAL AND MECHANICAL CONVENTION 529 GREAT WESTERN CANAL 515 H H. G. COLE Warrant in favor of 529 HON. HOWELL COBB Portrait of 527 I INVESTIGATION Of charges against Judge N. B. Knight 514 L LAND GRANTS 516 LEASE Of Western Atlantic Railroad 521 Of Western Atlantic Railroad 531

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LEGAL QUESTIONS Involved in election of State House Officers 514 M MILEAGE For adjourned term of 1872 520 Officers of General Assembly 522 P PAY OF WITNESSES In case of Judge Knight 522 PER DIEM Of committee to investigate official conduct of R. B. Bullock 519 PRINTING Public laws 533 PUBLICATION Of report of bond committee [Illegible Text] R REVISED CODE By Irwin, Lester Hill 52 ROGERS' LOCOMOTIVE AND MACHINE WORKS [Illegible Text] S SECURITIES Of J. W. Hancock 51 SOUTH GEORGIA FLORIDA RAILROAD 52 STATE'S INDORSEMENT On bonds of Macon Brunswick Railroad 51