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. 18730100 English

Page 1

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT THE REGULAR JANUARY SESSION 1873. 18730100 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GEORGIA: W. A. HEMPHILL CO., STATE PRINTERS. 1873.

Page 3

TABLE OF TITLES. Part I.PUBLIC LAWS. Title I.AGRICULTURAL STATISTICS. Title II.APPORTIONMENT OF REPRESENTATIVES. Title III.APPROPRIATIONS. Title IV.BONDS. Title V.CODE AMENDMENTS. Title VI.CONSTITUTIONAL AMENDMENTS. Title VII.ELECTION RETURNS. Title VIII.JUDICIARY. Title IX.LUNATIC ASYLUM. Title X.PUBLIC DEBT. Title XI.PUBLIC SCHOOLS. Title XII.RAILROAD COMPANIES. Title XIII.TAXES. Title XIV.TELEGRAPH COMPANIES. Title XV.VOLUNTEER MILITARY COMPANIES. Part II.LOCAL AND PRIVATE LAWS. Title I.CORPORATIONS. Title II.COUNTIES AND COUNTY REGULATIONS. Title III.PRIVATE LAWS.

Page 5

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1873. PART I.PUBLIC LAWS. TITLE I. AGRICULTURAL STATISTICS. Section 1. Number of acres of land planted. 2. Returns of acreage to be consolidated and published. 3. Amount of farm crops and number of farm animals. 4. Returns of farm crops to be furnished to Comptroller General, and delivered to President of State Agricultural Society for publication. Section 5. Comptroller General shall furnish necessary books. No. I.(O. No. 114.) An Act to provide for the Annual Collection and Publication of Statistics of the Agricultural Products and Resources of this State . 1. 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 Receiver of tax returns, or the person acting as such, in each county in this State, by the usual time of closing the Receiver's books, in every year, to obtain from every person engaged in agriculture in his county a statement, on oath, of the number of acres, as near as practicable, he or she has planted that year in each of the farm crops. Farm crops, No. of acres cultivated in to be reported. 2. Sec. II. That the returns of said acreage shall be forwarded by the said Receiver of tax returns, or the person acting as such in each county, to the Comptroller General of this State, by the usual time of closing the Receiver's books, in every year, whose duty it shall be to

Page 6

consolidate them, as soon as received, and deliver them to the President of the State Agricultural Society, for publication. Report to be sent to Comptroller General. 3. Sec. III. That it shall be the duty of the Collector of taxes, or the person acting as such, in each county in this State, by or before the fifteenth day of December, in every year, to obtain from every person engaged in agriculture, in his county, a statement, on oath, of the amount, as near as practicable, he or she has made that year of each of the farm crops grown in the countythe cotton crop to be returned in bales averaging four hundred and fifty pounds each; all grain crops and rice in bushels; hay and all other forage crops in tons; also, a statement of the number of farm animals, of each kind, he or she owns and has in possession. Farm crops, amount to be reported. Farm animals. 4. Sec. IV. That the returns of the amounts of said crops and the census of farm animals shall be forwarded by the Tax Collector, or the person acting as such, in each county, to the Comptroller General of this State, by the fifteenth day of December in each year, whose duty it shall be to consolidate them, as soon as received, and deliver them to the President of the State Agricultural Society, for publication. Report of farm crops to be sent to whom. 5. Sec. V. That it shall be the duty of the Comptroller General to furnish the necessary books to the said tax officers of each county for the statistics contemplated in this Act, and it shall be his duty also to file away in his office one or more copies of the consolidated returns from each county in the State for every year hereafter. Necessary books to be furnished. Sec. VI. Repeals conflicting laws. Approved February 20th, 1873.

Page 7

TITLE II. APPORTIONMENT OF REPRESENTATIVES. Section. 1. The six largest counties entitled to three Representatives each, twenty-seven next largest counties entitled to two Representatives each, the remaining one hundred and three counties entitled to one Representative each. Section. 2. This Act to take effect when the terms of present members expire. No. II.(O. No. 154.) An Act to change the apportionment of Representatives in the General Assembly amongst the several counties of this State . 1. Section I. The General Assembly of the State of Georgia do enact , That the House of Representatives shall consist of one hundred and seventy-five members, apportioned as follows: To the six largest counties, to-wit: Bibb, Burke, Chatham, Fulton, Houston and Richmond, three Representatives each; to the twenty-seven next largest counties, to-wit: Bartow, Clarke, Cobb, Coweta, Decatur, Dougherty, Floyd, Greene, Gwinnett, Hancock, Harris, Jackson, Jefferson, Macon, Meriwether, Muscogee, Oglethorpe, Newton, Monroe, Stewart, Sumter, Talbot, Thomas, Troup, Carroll, Washington and Wilkes, two Representatives each; and to the remaining one hundred and three counties one Representative each. House of Representatives, how many members. Counties entitled to three representatives each. Counties entitled to two Representatives each. 2. Sec. II. That this Act shall not take effect until the terms of the members of the present House of Representatives expire. This Act to take effect, when. Sec. III. Repeals conflicting laws. Approved February 20th, 1873. Note.This Act increases the number of Representatives from Jackson and Carroll counties from one to two each, and decreases the number from Columbia, Lee, Morgan, Pulaski, Randolph and Warren from two to one each. It gives one Representative to each of the four new counties, to-wit, Rockdale, Dodge, Douglass and McDuffie.

Page 8

TITLE III. APPROPRIATIONS. Section. 1. Salaries of Governor, State House officers, Governor's Secretaries, Messenger and Librarian, Solicitors General, Supreme Court Reporter, Judges of the Supreme and Superior Courts 2. Contingent and Printing Funds. 3. Per diem of President and Speaker and members of General Assembly. 4. Pay of Secretary of the Senate and Clerk of the House and their assistants, Door-keepers, Messengers, etc. 5. Salaries appropriated annually, and payable quarterly. 6. Treasurer to advance 75 per cent. on salaries. 7. Salary of Resident Physician of Lunatic Asylum, and Rev. J. A. Jarrell. 8. Academy for the Blind. 9. Chaplains of the House and Senate. 10. Clerks of Treasurer, Comptroller and Secretary of State. 11. Deaf and Dumb Asylum. 12. Principal Keeper of the Penitentiary. 13. Clerk of Supreme Court. 14. Interest on public debt. Section. 15. How appropriations shall be drawn. 16. Appropriations payable in national currency. 17. Public buildings. 18. State Lunatic Asylum. 19. George P. Harrison et al. 20. J. A. Chambers et al . 21. Beverly A. Thornton. 22. Claims against the Penitentiary. 23. Claims for printing. 24. Salaries of secretaries and clerks of the Executive Department. 25. Appropriation to John W. Heidt. 26. Per diem of assistant Door-keepers, Keeper of the Gallery, etc. 27. Appropriation to Russell Sage. 28. Incidental expenses of the House and Senate. 29. Governor may not issue warrants when there is no money in the Treasury. 30. Appropriation for expenses of Committee on Academy for the Blind, and expenses of other Committees. 31. Appropriation to W. T. Wofford. 32. Appropriations to J. A. Orme et al . 33. Appropriation of money by resolution. No. III.(O. No. 218.) An Act to appropriate money for the use of the government, and to make certain appropriations, and for other purposes therein mentioned. 1. Section I. Be it enacted by the Senate and House of Representatives, in General Assembly met , That the following sums of money be and the same are hereby appropriated to the respective persons and objects hereinafter mentioned, to-wit: As salaries, the sum of four thousand dollars, annually, to his Excellency the Governor, and the further sum of two thousand dollars, annually, each to the Secretary of State, Comptroller General and State Treasurer; and the sum fixed by law, annually, to the Messenger of the Executive Department; and the sum of twelve hundred dollars, annually, to the State Librarian; and the sum of two hundred and fifty dollars, annually, to each of the Solicitors General; and the sum of one thousand dollars, annually,

Page 9

to the Reporter of the decisions of the Supreme Court; and the sum of twenty-five hundred dollars, annually, to each Judge of the Superior Court; and the sum of thirty-five hundred dollars, annually, to each Judge of the Supreme Court. Governor, salary of. Secretary of State, Comptroller General, Treasurer, etc., salaries of. 2. Sec. II. That the sum of twenty thousand dollars, annually, or as much thereof as may be necessary, be and the same is hereby appropriated as a contingent fund, and the sum of ten thousand dollars, annually, be appropriated as a printing fund. Contingent fund. Printing fund. 3. Sec. III. That the sum of ten dollars per day, each, be paid to the President of the Senate and Speaker of the House of Representatives, during the session of the General Assembly, and the sum of seven dollars per day be paid to each member of the General Assembly, during the session, and the sum of five dollars for every twenty miles traveled in going to and returning from the seat of government, the distance to be computed by the nearest and most practicable route usually traveled by public conveyance: Provided , that no member shall receive pay from the State for any time that he may be absent, unless his absence was caused by sickness of himself or his family, or he had leave of absence granted by the Senate or House of Representatives, and that the sum of two hundred dollars be appropriated in favor of Messrs. Sturgis, Stewart, Buchan and Duncan, each, for their services and expenses in attendance upon the session of the House of Representatives, to give information in relation to the wants and interests of their respective counties, which are without other representation. President of the Senate and Speaker of the House, per diem of. Members of the General Assembly, per diem. Mileage. Messrs. Sturgis, Stewart, Buchan, and Duncan, appropriation to. 4. Sec. IV. That the Secretary of the Senate, and the Clerk of the House of Representatives shall each receive six hundred dollars, and the same per diem and mileage allowed to members of the General Assembly, and the Assistant Secretary of the Senate shall receive seven hundred and fifty dollars, and Assistant Clerk of the House of Representatives five hundred dollars, and each the same mileage as allowed members of the General Assembly, and the Journalizing Clerk of the Senate, and the Journalizing Clerk of the House of Representatives shall each receive seven hundred and fifty dollars, and the same mileage as is allowed members of the General Assembly, provided the Secretary and Assistant Secretary of the Senate, the Clerk and Assistant Clerk of the House of Representatives shall not receive said sums until they have fully complied with section 188 of the Code. The Constitutional Clerks of the Senate and House of Representatives shall receive the sum of seven dollars per day, and mileage, as allowed members, which shall only be allowed them upon a certificate of the Secretary of the Senate and Clerk of the House of Representatives, stating that they were actually employed, that their services were required, and that they were actually performed; that the sum of seven dollars per day be paid to each Door-keeper and Messenger of the Senate and House of Representatives, and the same mileage as allowed members; and that the sum of seven dollars per day be paid each one of the Enrolling and Engrossing Clerks of the Senate and

Page 10

House of Representatives, authorized to be employed by either House, for the time actually employed, upon usual certificate, and the sum of seven dollars per day be paid to the Clerk of the Enrolling Committee, and that the Chairman of the Enrolling Committee of each House shall certify to the number of days each Clerk served. Secretary of the Senate and and Clerk of House, pay of. Assistant Secretary, pay of. Assistant Clerk, pay of. Journalizing Clerks, pay of. Proviso. Constitutional Clerks, pay of. Doorkeepers and Messengers, pay of. Enrolling and Engrossing Clerks, pay of. 5. Sec. V. That the various sums of the annual salaries of all the officers of this State, whose salaries are fixed by law, and for the support of public institutions, be and the same are hereby appropriated, annually, and shall be paid quarterly until they are otherwise altered by law; and eight thousand dollars is appropriated to the Atlanta University, of Atlanta. Officers of the State, salaries of. Public Institutions, appropriations to. 6. Sec. VI. That the Treasurer be authorized to pay, from time to time, the officers of the government, whose salaries are appropriated by this Act, seventy-five per cent., of which amount services have been actually rendered at the date of such payment, taking receipt from such officers for the same, which receipt shall be as vouchers, and are hereby declared offsets to the extent of such payment to Executive warrants, drawn at the end of the quarter for such officer's salaries. Treasurer shall pay salaries, how. 7. Sec. VII. That there is appropriated, for resident physician of the State Lunatic Asylum, the sum of two thousand five hundred dollars, and to the Rev. A. J. Jarrell, for ministerial services, the sum of two hundred and fifty dollars. Resident Physician of the Lunatic Asylum, salary of. 8. Sec. VIII. That the sum of eleven thousand dollars be and the same is hereby appropriated to the Academy for the Blind, and for the maintenance of its pupils and the salaries of its officers, and the further sum of three thousand dollars to the same institution, for repairs of buildings, grounds, fences, out-houses, etc. Academy for the Blind, appropriation to. 9. Sec. IX. That the sum of one hundred dollars be and the same is hereby appropriated as compensation to the Chaplain of the Senate and one hundred dollars to the Chaplain of the House, and three dollars per day to the Page of the Senate, and two dollars per day to each of the Pages of the House. Chaplains of the Senate and House, pay of. 10. Sec. X. That the sum of sixteen hundred dollars be and the same is hereby appropriated to each of the following named clerks: Clerk in the Treasurer's office, Clerk in the Comptroller's office, and clerk in the Secretary of State's office. Clerks of the Comptroller General, etc., salaries of. 11. Sec. XI. That the sum of thirteen thousand five hundred dollars be and the same is hereby appropriated for the pay of officers and teachers of the Institution of the Deaf and Dumb, and the support and education of the indigent deaf and dumb children therein, and the further sum of one thousand dollars for repairs and fifteen hundred dollars for water works for said Institution. Deaf and Dumb Asylum, appropriation to. 12. Sec. XII. That the sum of twelve hundred dollars be and the same is hereby appropriated as the salary of the Principal Keeper of the Penitentiary. Principal Keeper of Penitentiary, salary of. 13. Sec. XIII. That the sum of six hundred dollars, or so much thereof as may be necessary, be appropriated to the Clerk of the Supreme

Page 11

Court for printing, stationery, purchasing the necessary record books, and binding the opinions of the Supreme Court. Clerk Supreme Court. 14. Sec. XIV. That the sum of six hundred thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to pay the interest on the public debt. Public debt, appropriation to pay interest on 15. Sec. XV. That in all cases in which money is appropriated, by this Act or otherwise, it shall be drawn from the treasury upon executive warrant, such warrant specifying for what service or on what account the same is due. Money to be drawn, how. 16. Sec. XVI. That the several appropriations made by this Act are payable in national currency, except in cases where it is otherwise provided for by the Constitution. Appropriations, payable in what. 17. Sec. XVII. That the sum of twenty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated, for the public buildings in Milledgeville, and the State House in Atlanta, to be used in all the various repairs necessary, guarding the property, to pay for engineer and fireman, coal, wood, and gas, insurance, the hire of two servants for State House; and the Governor is hereby authorized to draw his warrant in such sums, on this fund, as is necessary to meet the demands herein specified. Public buildings, appropriations for. 18. Sec. XVIII. That the sum of ninety thousand dollars be appropriated for subsistence, clothing, bedding, fuel, transportation, salaries and wages pertaining to the maintenance of the State Lunatic Asylum, or so much of said amount as may be necessary therefor; and the further sum of fifteen thousand dollars for improvements and repairs, needful for the preservation and curative management of said Asylum, or so much thereof as may be judiciously required for said purposes; and the Governor is authorized to make, at the commencement and middle of each quarter, a safe advance to cover the cost of supplies needed for that quarter, and incidental expenses: Provided , that whenever, in the judgment of his Excellency the Governor, it becomes necessary and proper to require the Superintendent and resident physician of the Lunatic Asylum to make out an itemized statement of all expenditures, he is hereby authorized and required to have such account so made out. That the sum of eight thousand eight hundred and ninety-six dollars, be appropriated to Eaves McElfresh for repairs made on the Lunatic Asylum, under contract with the old Trustees, and by the advice of his Excellency the Governor. State Lunatic Asylum, appropriation to. 19. Sec. XIX. That, for the payment of the several sums of money appropriated by resolution during the last session of the General Assembly, and which have not been heretofore paid, the following sums be and the same are hereby appropriated in favor of the persons hereinafter named, to-wit: Two hundred dollars in favor of George P. Harrison; also, the sum of one thousand dollars in favor of A. J. Glenn; also, the sum of five hundred dollars to G. W. Anderson and W. B. Bolling; also, the sum of five hundred dollars in favor of James T. Wheeler; also, the sum of two hundred dollars in favor of

Page 12

Samuel Dunlapthese amounts to be received by the aforesaid parties in full, and as a final settlement for claims now held by them for rewards. G. P. Harrison, A. J. Glenn, G. W. Anderson, W. G. Bolling, J. T. Wheeler, and S. Dunlap, appropriations to. 20. Sec. XX. That the sums hereinafter mentioned are appropriated to the following named persons: Two hundred and ninety-four dollars to J. A. Chambers, two hundred and fifty dollars to William Marable, five hundred and twenty-five dollars to Charles B. Wallace, six hundred and three dollars and seventy-five cents to George G. Hull, five hundred dollars to R. B. Knight, five hundred dollars to James W. Robertson, for services as commissioners in revising the appraisement of the property of the Western and Atlantic Railroad; the sum of five hundred and ninety-two dollars and seventy-five cents for stationery for the General Assembly; the sum of five thousand two hundred and fifty dollars to estate of Linton Stephens, for professional services rendered the State; the sum of seventy-five dollars to Henry McBride, for services rendered the Citizens' Committee, in charge of books of Western and Atlantic Railroad. Also, one hundred and eighty dollars to pay the expenses of the Committee of the House, who lately visited the State Lunatic Asylum. J. A. Chambers et al., appropriations to. 21. Sec. XXI. That the sum of one hundred dollars be paid to Colonel Beverly A. Thornton, attorney-at-law, for legal services rendered the State by him, before the Superior and Supreme Court of this State, upon the question involving the legality of the tax on liquors. B. A. Thornton, appropriation to. 22. Sec. XXII. That the sum of four thousand seven hundred and thirty-two and twenty-two one-hundredth dollars be and the same is hereby appropriated to pay the following claims against the Penitentiary, as per report of committee, August 21st, 1872, to-wit: John M. Clark, forty-six and seventy-one one-hundredth dollars; D. B. Stetson, sixty-seven dollars; Milledgeville Manufacturing Company, five hundred and thirty-six and fourteen one-hundredth dollars; William D. Ellison, twenty-one and eighty-eight one-hundredth dollars; W. C. Jessup Company, ninety-one and ten one-hundredth dollars; Carhart Curd, four hundred and fifty-four and seventy-three one-hundredth dollars; H. T. Cox Company, one hundred and nineteen and seventy-three one-hundredth dollars; Platt Brothers Company, two hundred and sixty-seven dollars; Bone, Brown Company, four hundred and eighteen and eighty-seven one-hundredth dollars; Pitman Perry, forty-nine and three one-hundredth dollars; W. N. Ennis, ten and forty-five one-hundredth dollars; A. J. Butts, twenty-three and thirty-four one-hundredth dollars; Leeper Merrifield, nine hundred and twenty-five and ninety-one one-hundredth dollars; W. G. Lanterman, one hundred and sixty and seven one-hundredth dollars; Joseph Staley, fifty-eight and ninety one-hundredth dollars; A. C. Smith, thirty and fifty-nine one-hundredth dollars; Johnson Cousins, forty-two and forty-six one-hundredth dollars; J. M. Aycock, one hundred and fifty-three and sixty-four one-hundredth dollars; Alexander Broomhead, two hundred dollars;

Page 13

George Reynolds, one hundred and seventy-five dollars; T. T. Windsor, nine dollars; Holmes Calder, fifty and sixty-five one-hundredth dollars; and the note of D. R. Tucker for two hundred and forty-five and fifty-six one-hundredth dollars. That the further sum of one hundred and seventy-five dollars be and the same is hereby appropriated, to pay the claim of P. L. Mynatt; and the further sum of three hundred and sixty-nine and ninety-five one-hundredth dollars to pay the claim of Z. D. Harrison, Clerk of the Supreme Court, as per resolution approved August 29th, 1872. Penitentiary, claims against, payment of. 23. Sec. XXV. That the sum of twenty-seven thousand six hundred and eighty-nine and fifteen one-hundredth dollars be and the same is hereby appropriated to pay the several amounts due certain printers for claims against the State, as provided for by resolution number thirty-two, approved August 26th, 1872, and the Governor is authorized to draw his warrant on the treasury in favor of persons holding said claims, as shown in the report of C. R. Hanleiter, auditor, appointed in pursuance of said resolution, of file in the Executive office, and for the several amounts therein specified, said amounts to be in full payment of said claims; and the sum of fifteen hundred dollars to the Stonewall Cemetery, of Griffin, Georgia. Claims for printing, appropriations to pay. 24. Sec. XXVI. That the sum of seven thousand dollars be and the same is hereby appropriated to pay salaries of Secretaries and Clerks of the Executive Department. Secretaries and Clerks of the Executive Department, salaries of. 25. Sec. XXVII. That the sum of one hundred and twenty-five dollars be and the same is hereby appropriated in favor of John W. Heidt, for services as Solicitor General of the Eastern Judicial Circuit, not heretofore paid. John W. Heidt, appropriation to. 26. Sec. XXVIII. That the sum of five dollars per day be paid W. H. Roberts, keeper of the gallery of the House, and to G. W. Grant and W. C. Phillips, assistant Door-keepers of the House, and the sum of five dollars per day for Peter McMichael, and the sum of four dollars per day to George Perkins, and the sum of five dollars per day to John Johnson, for cleaning and sweeping halls and galleries of the Senate and House of Representatives, and waiting on committees, and the sum of five dollars per day to Samuel G. Hunter, keeper of the gallery of the Senate, and the sum of twenty-five dollars to J. T. Baxter, for keeping door the first five days of the session. Keeper of the gallery, per diem. Assistant door keepers, per diem of. 27. Sec. XXIX. That the sum of three hundred and seventy-five thousand dollars be appropriated to pay the debt due Russell Sage, for money loaned the State, and the sum of..... dollars, for interest due upon the same, to be ascertained by the Governor, upon his surrendering to the Governor the bonds of the State, which he now holds, as collateral security. Russell Sage, appropriation to. 28. Sec. XXX. That the sum of seventy-five dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to pay the incidental expenses of the House of Representatives, and a similar amount be and the same is hereby appropriated to pay the incidental expenses of the Senate during the present session of the

Page 14

General Assembly, said sums to be drawn upon the warrant of his Excellency the Governor, upon any moneys in the treasury, not otherwise appropriated: Provided , that said warrant or warrants shall be drawn upon the presentation to the Governor, by the Clerk of the House and the Secretary of the Senate, respectively, an itemized account of said incidental expenses. Incidental expenses of the House and Senate. Appropriations to be drawn, how. 29. Sec. XXXI. That the Governor is hereby prohibited from issuing an Executive warrant when there is no money in the treasury of the State out of which the warrant can then be paid. Executive warrants, may not be issued, when. 30. Sec. XXXII. That the sum of one hundred and fifty dollars is hereby appropriated to pay the expenses of the House Committee on the Academy for the Blind for visiting that institution during the present session of the General Assembly, and the sum of one hundred and sixty dollars to pay the expenses of the Senate Committee which visited the State Lunatic Asylum, and the sum of one hundred and fifty dollars to pay the Senate Committee on the Academy for the Blind for visiting that institution, or so much thereof as may be necessary to pay each of said committees, to be paid out on an itemized account, and the further sum of twenty-five dollars to F. F. Coulter for clerical services rendered Committee on official conduct of Bullock. Committee on Academy for the Blind, appropriations for, expenses of. Other committees, expenses of. F. F. Coulter, appropriation to. 31. Sec. XXXIII. That the sum of three thousand dollars be appropriated to General W. T. Wofford for services rendered the State as Receiver of the Alabama and Chattanooga Railroad. W. T. W offord, appropriation to. 32. Sec. XXXIV. That the sum of seventy-two dollars be and the same is hereby appropriated to pay J. A. Orme, publisher of the Southern Recorder, for advertising done for the State, and the further sum of one hundred and ten dollars to C. K. Maddox for reporting evidence for the Judge Knight and Police Committees. J. A. Orme, appropriation to. C. K. Maddox, appropriation to. Sec. XXXV. Repeals conflicting laws. The following appropriations made by this Act, to-wit: The appropriation of twelve hundred dollars, annually, to the State Librarian, and the appropriation of twelve hundred dollars, annually, as the salary of the Principal Keeper of the Penitentiary, also the appropriation of ten thousand dollars, annually, as a printing fund, are hereby disapproved and stricken out. All the appropriations made by this Act, and not specially set forth as disapproved, are approved, February 21st, 1873. JAMES M. SMITH, Governor. Note.The sections of this Act seem to have been numbered wrong. It is, however, an exact copy of the enrolled Act of file in the office of the Secretary of State. No. IV.(O. No. 314.) An Act to prescribe the manner of appropriating money by resolution. 33. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, all resolutions,

Page 15

which may grant money out of the contingent or any other funds, shall be treated in all respects, in the introduction and form of proceeding on them, in a similar manner with bills. They shall originate in the House of Representatives, and shall receive three readings previous to their being passed, but the Senate may propose or concur in amendments, as in case of bills. Money, manner of appropriating by resolution. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. TITLE IV. BONDS. Section. 1. Bonds becoming the property of the State shall be destroyed. 2. Securities on the bonds of county officers shall be worth the bond, over and above the homestead. 3. No county officer shall be security on bond of any other county officer. 4. Bonds for the payment of past-due interest, and for the redemption of past-due bonds. 5. Bonds to be payable in New York, on April 1st of each year. 6. Taxation to be increased to pay these bonds. Section. 7. Bonds to be prepared, and sold as soon as possible. 8. Proceeds of sale to be applied to payment of past-due bonds and interest. 9. The Act to be printed on bonds. 11. Bonds exempt from State, county and municipal tax. Rate of interest, etc. 11. Railroads sold for non-payment of interest on bonds may be bought by the Governor. 12. Governor shall not be compelled to seize defaulting rallroads, but may grant time. No. V.(O. No. 308.) An Act to require the Treasurer of the State to destroy all bonds, coupons and certificates, the property of the State, to prescribe the manner in which the same shall be done, and for other purposes. 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That all bonds and all coupons and certificates of indebtedness which shall become the property of the State, shall be destroyed by the State Treasurer by burning the same in the presence of the Secretary of State, Comptroller and Attorney General, who shall make, sign and deliver to the State Treasurer a certificate, containing the number, date of issue and denomination of each bond, and of each coupon and certificate of indebtedness so destroyed, and of the time when destroyed, which certificate shall be by the State Treasurer, with his next report, transmitted to the General Assembly. Bonds, property of the State, Treasurer to destroy. Sec. II. Repeals conflicting laws. Approved February 24th, 1873.

Page 16

No. VI.(O. No. 303.) An Act to regulate the manner of giving bonds for County Officers. 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 securities on the bonds of county officers shall be worth the amount of said bond, over and above the homestead. Securities shall be worth, how much. 3. Sec. II. That no county officer shall be received as security on the bond of any county officer. Who may not be. Sec. III. Repeals conflicting laws. Approved February 24th, 1873. No. VII. (O. No. 87.) An Act authorizing the issue of bonds for the payment of past-due interest, for the redemption of past-due bonds and for such bonds as may fall due within the next three years. 4. 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 Governor is hereby authorized and directed to issue bonds of the State to the amount of twelve hundred thousand dollars, and bearing eight per cent. interest, with semi-annual coupons attached, payable in the city of New York, on the first day of April and the first day of October, in each year. Bonds, Governor may issue. Rate of interest. Coupons. 5. Sec. II. That these bonds shall be made payable in the city of New York, on the first day of April of each successive year, viz.: One hundred thousand dollars on the first day of April, 1875, and one hundred thousand dollars on the first day of April of each succeeding year, until the whole issue of bonds authorized by this Act shall be paid. When and where payable. 6. Sec. III. That the Governor is hereby authorized and directed to increase the per centage on the taxes to be collected in the year 1874, and in every succeeding year, until the whole of the bonds issued under this Act shall be paid, so that the taxes to be collected in these years shall exceed the amount otherwise authorized to be collected by the sum of one hundred thousand dollars; and he is hereby instructed to appropriate this sum of one hundred thousand dollars annually to the payment of the bonds issued under this Act; and the faith of the State is hereby pledged that these instructions to the Governor shall not be repealed, and that this one hundred thousand dollars shall be annually levied, collected and applied to the payment of the bonds authorized by this Act, until the whole amount shall be paid. Taxation, Governor authorized to increase. Appropriation to pay these bonds. Annual payment.

Page 17

7. Sec. IV. That the Governor is hereby directed to have the bonds authorized by this Act prepared as early as possible, and a sufficient number of them sold to pay all past-due bonds and interest, and exchange for other bonds falling due within the next three years, or sell, from time to time, a sufficient number necessary to raise the required amount to meet the payment of falling due bonds. Bonds to be prepared and sold. May be exchanged. 8. Sec. V. That the bonds, or the proceeds of the sale of the bonds authorized by this Act, shall be used for the payment of past-due bonds and interest, and such as mature within the next three years, and for no other purpose whatever; and upon the passage of this Act, the Governor is hereby authorized and directed to withdraw from the market and cancel all unnegotiated bonds and attached coupons issued under the Act approved January 18th, 1872. Payment of past-due bonds. Unnegotiated bonds, disposition of. 9. Sec. VI. That this Act shall be printed on the back of each bond, together with a certificate signed by the Treasurer, certifying that this bond is one of the series authorized by this Act. This Act to be printed on bonds. 10. Sec. VII. That the bonds issued under the provisions of this Act shall be exempt from State, county and municipal taxation: Provided , that the Governor, in his discretion, may withdraw any of the series of bonds authorized to be issued by this Act, unless the same can be negotiated at fair and reasonable rates. And provided, further , that the provisions contained in the foregoing sections of this Act, touching the rate of interest said bonds shall bear, are to be construed as directory merely to the Governor, and as authorizing him to fix the rate of interest as high as eight per cent. per annum, should be find it best to do so; but it shall be in his discretion to fix the rate of any or all the bonds issued at any less rate, but in no case exceeding said rate of eight per cent., as aforesaid. And that the said bonds shall be issued in any denomination of hundreds, of not less than one nor more than ten hundred each, and shall be put upon the market in such manner as will best afford the people of this State a reasonable opportunity of becoming the owners and holders of the same. Bonds exempt from taxation. Bonds may be withdrawn. Interest, rate of. Denomination of bonds Sec. VIII. Repeals conflicting laws. Approved February 19th, 1873. No. VIII.(O. No. 52.) An Act to protect the people of the State of Georgia against liability on account of the indorsement by the State of the bonds of railroad companies. 11. Section I. Be it enacted by the General Assembly of the State of Georgia , That if, under the law granting State aid to railroad companies, the same are sold on account of non-payment of the interest

Page 18

accruing on bonds indorsed by said State, it shall be lawful for the Governor of the State to buy such roads, their rolling stock, fixtures, equipments and appurtenances for the State of Georgia; and, when so bought, to make such disposition of said roads as may be most conducive to the interests of said State, not amounting to a sale thereof, and such disposition to be subject to the revision and approval or disapproval of the next General Assembly thereafter. Railroads sold for non-payment of interest on bonds. Governor may buy. 12. Sec. II. That in case of default by any railroad company, in payment of the bonds indorsed by the State, or the interest due thereon, it shall not be obligatory upon the Governor to seize and take possession of such railroad immediately, upon default thereof, but he may, in his discretion, grant such further time to such defaulting railroad company within which to pay their matured bonds, or interest due thereon, not exceeding two years, as, in his judgment, may subserve the interests of all concerned. Disposition of. Governor not compelled to seize. Time may be given. Sec. III. Repeals conflicting laws. Approved Februrary 17th, 1873. TITLE V. CODE AMENDMENTS. Act. Subject. Sec. of Code. No. 9. ADVERTISEMENTS BY GUARDIANS 1840 10. ANSWER TO GARNISHMENTS 3485 11. BOARD OF PHYSICIANS 1417 12. DEFAULTING TAX PAYERS 850 13. EMPLOYING SERVANTS OF OTHERS 4428 14. EXECUTIONS AGAINST DECEASED DEFENDANTS 3389 15. FEES OF COMPTROLLER GENERAL 99 16. INSPECTORS OF LUMBER 1569 17. INTEREST ON ACCOUNTS 2021 18. LARCENY FROM THE HOUSE 4348 19. LICENSE TO PRACTICE MEDICINE 1418 20. MAIMING CATTLE 4522 21. MALPRACTICE IN OFFICE 4432 22. PUBLICATION OF TERMS OF PARTNERSHIP 1918 23. RAILROAD EMPLOYEES 2981 24. WITNESSES, SUBP[UNK]NA OF 3788

Page 19

No. IX.(O. No. 297.) An Act to alter and amend paragraph three of Section 1840 of Irwin's Revised Code of Georgia. 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That paragraph three of section 1840 of the Revised Code of Georgia be so altered and amended as to strike out the words forty days, and insert in lieu thereof the words once a week for four weeks. Advertizements in certain cases by guardians. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. Note.Section 1840, Revised Code, provided that the Ordinary shall give forty days' notice of applications of guardians for dismissal. No. X.(O. No. 321.) An Act to alter and amend Section 3485 of the Revised Code of Georgia. 2. Section I. Be it enacted by the Senate and House of Representatives of the General Assembly of Georgia , That section 3485 of the Revised Code of Georgia be and the same is hereby altered and amended as follows, by striking out the words or before that time, after the words then and there, and before the words to depose on oath, in the twelfth line of said section. Answer to garnishment. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. Note.This Act changes the law so that the garnishee cannot answer before the erm at which he is summoned to appear. No. XI.(O. No. 134.) An Act to amend paragraph one of Section 1417 of Irwin's Revised Code of Georgia. 3. Section I. 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 paragraph one of section 1417 of Irwin's Revised Code of Georgia be so amended that the words the seat of Government be stricken therefrom, and the words the city of Milledgeville be inserted in lieu thereof, so that said amended paragraph shall read as follows, to-wit: To meet annually,

Page 20

or oftener, at the call of any three of their number, at the city of Milledgeville. Thirty days' notice must be given of annual meetings. Board of examining physicians, where to meet. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. Note.This Act refers to the State Board of Physicians. No. XII.(O. No. 98.) An Act to alter and amend Section 850 of Irwin's Revised Code, and for the relief of tax defaulters upon certain conditions. 4. 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 portion of section 850 of Irwin's Revised Code, to-wit: And for the second year's default the defaulter shall be taxed four-fold, and increasing in the same ratio until a return is made, be so altered and amended as to read as follows, to-wit: And for every year's default, the defaulter shall be taxed double until a return is made. Tax defaulters to be double taxed. 5. Sec. II. That all persons who may be in default shall be relieved of the penalty prescribed in said section by making return, and paying the double tax, as hereinbefore provided. Defaulters, how relievable. Sec. III. Repeals conflicting laws. Approved February 20th, 1873. No. XIII.(O. No. 131.) An Act to Change Section 4428 of Irwin's Revised Code of Georgia by adding thereto the words under a written contract, etc. 6. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 4428 of Irwin's Revised Code of Georgia shall be amended in second line in said section, on page 869, so as to read after word another: Under a written contract, which shall be attested by one or more witnesses. Servants under written contract, penalty for employing. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. Note.This Act amends the law in reference to the illegal employment of another's servant.

Page 21

No. XIV.(O. No. 298.) An Act to add to, alter and amend Section 3389 of the Revised Code of Georgia. 7. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 3389 of the Revised Code of Georgia be and the same is hereby added to, altered and amended, as follows: By commencing said section with the words on the [Illegible Text] of a male defendant, so that said section will begin: On the death of a male defendant, or on the death or marriage of a female defendant, etc. Deceased male defendants executions against. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. Note.This section refers to issuance of executions when death occurs after judgment. No. XV.(O. No. 157.) An Act to amend Section 99 of the Revised Code of Georgia. 8. Section. I. The General Assembly of Georgia do enact , That from and after the passage of this Act the last clause in section 99 of Irwin's Revised Code of Georgia shall read as follows: He shall collect all unpaid taxes of the previous years, at a compensation of five per centum on the amount collected. Provided, nevertheless , that the said Comptroller shall not receive compensation for the collection of any tax that became due within one year previous to his entering upon the duties of his office. Comptroller General, fees of, for collecting certain tax Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. XVI.(O. No. 135.) An Act to repeal all local laws and city ordinances inconsistent with Section 1569 of Irwin's Revised Code, and for other purposes. 9. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act that all local laws and all ordinances of any city or town, inconsistent with the provisions of section 1569 of Irwin's Revised Code, be and the same are hereby repealed. Section 1569 Code, local laws, etc., conflicting with, repealed. 10. Sec. II. That any Inspector, or other person, after the passage of this Act, who shall violate any of the provisions of the aforesaid

Page 22

section of the Code, so far as the same relates to the inspection or measurement of any timber or lumber, shall be punished as therein describedany local law, rule or regulation, or ordinance of any city or town to the contrary, notwithstanding. Inspection of lumber. Sec. III. Repeals conflicting laws. Approved February 20th, 1873. No. XVII.(O. No. 63.) An Act to alter and amend Section 2031 of the Code of Georgia, in reference to Open Accounts. 11. Section I. Be it enacted by the General Assembly of the State of Georgia , That after the word mechanics, in section 2031, there be added the words, all others. Accounts bear interest, when. Sec. II. Repeals conflicting laws. Approved February 13th, 1873. Note.This Act makes accounts which by custom become due at the end of the year, bear interest from that time. No. XVIII(O. No. 62.) An Act to amend an Act entitled an Act to amend Section 4348 of Irwin's Revised Code, and for other purposes, approved August 23 d , 1872. 12. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, an Act entitled an Act to amend section 4348 of Irwin's Revised Code, and for other purposes, approved August 23d, 1872, be so amended as to read as follows: Any person who, by day or night, shall, in any dwelling-house, store, shop, warehouse, or any other building within the curtilage, privately steal any goods, money, chattels, wares or merchandise, or any other article or thing under the value of fifty dollars, shall be punished as prescribed in section 4245 of the Code; and 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 the 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 house misdemeanor, when. Felony, when. Sec. II. All conflicting laws are hereby repealed. Approved February 20th, 1873.

Page 23

No. XIX(O. No. 302.) An Act to amend paragraph two (2) of Section 1418 of the Revised Code of Georgia, and for other purposes. 13. Section I. Be it enacted by the General Assembly of Georgia , That paragraph two (2) of section 1418 of the Revised Code of this State be and the same is hereby amended by adding to the aforesaid paragraph two (2) of section 1418, after the word examination, where it occurs in said paragraph, the following: and to revoke such license whenever satisfactory evidence is produced to said board, of irregular and unprofessional practices, calculated to discredit the medical profession or to result in injury to the people. License to practice medicine may be revoked, when. Sec. II. Repeals conflicting laws. Approved February 24th 1873. Note.The section of the Code amended by this Act prescribes the duties of the State Board of Physicians. No. XX.(O. No. 65.) An Act to amend section 4522 of the Code of Georgia by adding a provision thereto. 14. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the following provision be and the same is hereby added to section 4522 of the Code of Georgia, to-wit: Provided , that when the person killing or maiming such animal or animals shall, upon trial therefor, set up as a defense that such killing or maiming had been done, not from malice toward the owner of said animal or animals, but to prevent injury to the defendant's growing or matured crops or other property, such defense shall not avail to acquit the defendant unless it shall be made clearly to appear before the Court trying the same that such growing or matured crops or other property was protected by a substantial fence not less than four and a half (4) feet high. Maiming or killing cattle, defendants must have fences 4 feet to justify. Sec. II. Repeals conflicting laws. Approved February 18th, 1873. No. XXI.(O. No. 159.) An Act to amend section 4432 of the Code of Georgia. 15. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 4432

Page 24

of the Code of Georgia be amended by striking out the words Justice of the Inferior Court, in the first line of said section, and inserting in lieu thereof the word Ordinary, a member of any board of commissioners, or County Judge. Malpractice, Ordinary, Commissioners or County Judge may be tried for. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. Note.The section of the Code referred to provides a penalty for malpractice in office. No. XXII.(O. No. 30.) An Act to amend section 1918 of the Code of Georgia. 16. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, section 1918 of the Code of Georgia be so amended as to read as follows: The partners shall publish the terms of the partnership when registered for at least six weeks immediately after such registry, in at least two newspapers published in the county in which the place of business is situated, provided there are two newspapers there published, but if not, then in one. And if no newspaper should be published in the county in which the business is to be transacted, the notice shall be published in the newspaper in which the sheriff advertises. And if such publication be not made within two months from the filing of such certificate and affidavit, the partnership shall be deemed general. Terms of partnership to be published, how. Effect of non-publication. Sec. II. Repeals conflicting laws. Approved February 14th, 1873. No. XXIII.(O. No. 82.) An Act to re-enact and declare in full force section 2981 of the Code of Georgia. Whereas, Section 2981 of Irwin's Revised Code of Georgia is indirectly repealed by an Act approved March 19th, 1869, in Acts 1869, page 157; and whereas, doubts exists as to the present force and validity of said section. Therefore, 17. Section I. Be it enacted by the General Assembly of the State of Georgia , That section 2981 of Irwin's Revised Code be and it hereby is re-enacted and declared in full force. Section 2981 Code re-enacted. Sec. II. Repeals conflicting laws. Approved February 19th, 1873. Note.The section of the Code referred to makes railroad companies liable for the injury of one employee by the negligence of another employee.

Page 25

No. XXIV.(O. No. 309.) An Act to alter and amend section 3788 of the Code of Georgia. 18. Section I. Be it enacted by the General Assembly of the State of Georgia , That said section be so amended as to strike out these words in the seventh and eighth lines of said section, at least five days before the term of the Court, and insert in lieu thereof the following, at least one day before the trial of the cause. Witnesses may be subp[UNK]naed, when. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. Note.Before this Act witnesses had to be served with subp[UNK]nas five days before the term of the Court. TITLE VI. CONSTITUTIONAL AMENDMENTS. Section. 1. Residence of voters. No. XXV.(O. No. 296.) An Act to alter and amend second section of Article II. of the Constitution of the State of Georgia, so far as it relates to the residence of voters. 1. Section I. The General Assembly of the State of Georgia do enact , That so soon as the requirements of the Constitution, as to constitutional amendments, shall have been complied with, the words, six months, contained in second section of second Article of said Constitution be stricken out, and the words one year be substituted in lieu thereof, and the words thirty days, contained in said section second, Article II., of said Constitution, be stricken out and the words six months be inserted in lieu thereof, so that the clause of said section second, Article II., of the Constitution of this State, in relation to the time required for the residence of voters in this State, shall read: Who shall have resided in this State one year next preceding the election, and shall have resided six months in the county in which he offers to vote. Voters, length of residence required. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. Note.By the Constitution, this Act must be passed by a two-thirds vote of another Legislature, and submitted to the qualified voters of the State, and ratified by them before it becomes an amendment to the Constitution. See State Constitution, Article XII., section 1.

Page 26

TITLE VII. ELECTION RETURNS. Section. 1. Secretary of State shall furnish printed blanks for election returns. No. XXVI.(O. No. 64.) An Act to require the Secretary of State to furnish each Ordinary in the State with printed forms of election returns, certificate, envelopes etc., for the purposes of securing proper returns. 1. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act it shall be the duty of the Secretary of State, at least thirty days previous to the day of election of Governor, members of the General Assembly, Representatives to Congress, electors of President and Vice President of the United States, and county officers, to furnish each Ordinary of the State with printed forms of returns, certificates and directions together with any advice he may deem necessary to secure proper returns; and he shall provide and keep on hand a sufficient quantity of self-sealing envelopes of uniform appearance, and suitable size and quality for use in the elections aforesaid. Election returns, Secretary of State to furnish printed forms for, etc. Supply of forms to be kept on hand. Sec. II. Repeals conflicting laws. Approved February 18th, 1873.

Page 27

TITLE VIII. JUDICIARY. Section. 1. Accessories may be indicted, tried and convicted when principal has been pardoned or discharged. 2. Attachment and garnishment bonds who may be securities on. 3. Defendants may take issue with plaintiffs as to the solvency of securities. 4. Additional grounds for attachment, duty of applicant for attachment and rights of defendant. 5. Administrators, executors, guardians and trustees shall advertise sales once a week for four weeks. 6. Attendance of witnesses for the State in criminal cases. 7. Apothecaries exempt from jury duty. 8. Attorney General's duties defined. 9. Additional compensation for Attorney General. 10. Costs shall be docketed by Justices of the Peace. 11. County Court Act amended. 12. Courts of inquiry shall subp[UNK]na witnesses to appear before the grand jury. 13. Prosecutor may obtain subp[UNK]nas for witnesses from the Clerk Superior Court. 14. Defendant may obtain subp[UNK]nas from committing Courts and from the Clerk of the Superior Court. 15. Immigrants, Act to make it penal to leave employers, etc., repealed. 16. Fees of Justices of the Peace in possessory warrant cases. 17. Extracts from books of certain companies allowed in evidence. 18. Processes of County Court, service of. 19. Fees of officers of County Court. 20. Jurisdiction of County Court extended. 21. Immigrants, Act making it penal to leave employers, etc., repealed. 22. Garnishees, how compelled to deliver money belonging to defendants. 23. Gaming in retail liquor shops. 24. Garnishees shall have their expenses taxed in costs. Section. 25. Garnishment, summons how served when garnishee resides out of the county where suit is pending. 26. Section 3486 not repealed. 27. Hunting on Sabbath day, penalty for. 28. Justices of the Peace to furnish Tax Receivers with lists of tax payers. 29. Interrogatories may be taken without commissions, when. 30. Forms when no commission issues. 31. Juries, how drawn in case of prolonged terms. 32. Jury lists and jury boxes, how made out, etc. 33. When no jury has been drawn, duty of officer. 34. Law of claims amended. 35. Liens, who are entitled to. 36. Liens for taxes. 37. Liens by judgment, decree, mortgages, etc. 38. Liens in favor of laborers. 39. Liens in favor of landlords. 40. Liens in favor of factors, merchants, et al. 41. Liens in favor of mechanics et al. 42. Liens, special, in favor of mechanics. 43. Liens on steamboats, etc. 44. Liens in favor of proprietors of planing mills, etc. 45. Liens in favor of laborers at steam mills. 46. Liens on saw mills. 47. Liens in favor of innkeepers et al. 48. Liens in favor of pawness et al. 49. Liens in favor of incorporated companies. 50. Liens in favor of attorneys. 51. Liens on real property. 52. Liens of vendors. 53. Priority of judgment liens for purchase-money of real estate. 54. Other liens. 55. Liens assignable. 56. Motions for new trials in criminal cases. 57. Practice in Justice Courts as to answering summons of garnishment. 58. Traverse of garnishee's answer. 59. Trials of traverse.

Page 28

Section. 60. Trials of issues made by affidavits of illegality. 61. Perishable property levied on may be sold, when, how, and by whom. 62. State may buy property at sheriff's sale in certain cases. 63. Disposition of purchased property. 64. Exemptions, liens, etc., Governor may purchase. 65. Governor to report purchases. 66. Money stolen from State Road or the State. 67. Compensation of attorneys of informers. 68. Compensation to informers. 69. Sheriffs may administer oaths in certain cases. 70. Special presentments by grand juries. 71. Usury laws amended as to banks. 72. Usury laws repealed. 73. Seven per cent. legal interest when no rate is specified. 74. Any rate of interest agreed upon may be collected. 75. Not more than seven per cent. allowed except otherwise agreed upon in written contract. SUPERIOR COURTS. 76. Atlanta Circuit, time of holding Superior Court for certain counties, changed. 77. Calhoun Suprior Court, time of holding changed. 78. Writs and processes legalized. 79. Chatham Superior Court, time of holding changed. 80. Adjournment from time to time of Chatham Superior Court. 81. Drawing of jurors for Chatham Superior Court. Section. 82. Writs and processes legalized. 83. Rules nisi and mortgages in Chatham Superior Court. 84. McDuffie Superior Court, time of holding changed. 85. McIntosh Superior Court, time of holding changed. 86. Writs and processes legalized. 87. Meriwether Superior Court, time of holding changed. 88. Writs and processes legalized. 89. Length of terms. 90. Muscogee Superior Court, time of holding changed. 91. Muscogee Superior Court, panels of grand jurors. 92. Thomas, Brooks and Lowndes Superior Courts, time of holding. 93. First section of an Act to change the time of holding Lowndes Superior Court, approved August 24, 1872, repealed. 94. Writs, processes, etc., legalized. 95. Stewart county transferred into the Chattahoochee Circuit. 96. Wilcox Superior Court, time of holding. 97. Writs and processes legalized. 98. Wilcox Superior Court, adjournment legalized. 99. Eastern Judicial Circuit, what shall constitute. 100. Scriven county attached to Middle Circuit; Liberty and McIntosh counties added to Brunswick Circuit. 101. Chatham Superior Court, adjournment legalized. 102. Writs, processes, etc., legalized. 103. Echols county transferred into the Southern Circuit. 104. The manner of incorporating towns and villages amended. No. XXVII.(O. No. 132.) An Act to authorize the trial and conviction of accessories before and after the fact, when the principal offender has been pardoned, or otherwise discharged, after conviction, or cannot be taken so as to be prosecuted and punished. 1. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, an accessory before or after the fact may be indicted, tried, convicted and punished, notwithstanding the principal offender may have been pardoned, or otherwise discharged, after his conviction, or cannot be taken so as to be prosecuted and punished. Accessories, trial of. Sec. II. Repeals conflicting laws. Approved February 20th, 1873.

Page 29

No. XXVIII.(O. No. 294.) An Act to amend the Attachment Laws of this State. 2. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That no person shall be taken as security on any attachment or garnishment bond who is an attorney for the plaintiff, or a non-resident of this State, except such non-resident is possessed of real estate in the county where the attachment or garnishment issues, of the value of the amount of such bond. Security on attachment or garnishment bond. 3. Sec. II. That when any attachment shall be issued and levied upon the property of the defendant, it shall be lawful for the defendant, his agent, or attorney to file his affidavit that he has a good defense to the action, and that the bond given in said attachment is not a good bond, and the grounds of its insufficiency; when such affidavit is made and delivered to the levying officer it shall be the duty of such levying officer to return such attachment, together with the affidavit, forthwith to the officer issuing the same, and such officer so issuing such attachment shall, without delay, hear testimony as to the sufficiency of said bond, and such officer may, in his discretion, require additional security, or a new bond, to be given within the time prescribed by the officer, and in default thereof, the levying officer shall dismiss the levy made under said attachment. Defendant may dispute solvency of security. Additional security may be required. Sec. III. Repeals conflicting laws. Approved February 24th, 1873. Note.No. 301, as of file in the office of the Secretary of State, is a duplicate of the above Act, and was left out by direction of the Governor. No. XXIX.(O. No. 295.) An Act to amend the Attachment Laws of this State. 4. Section I. The General Assembly of the State of Georgia do enact , That whenever a debtor shall sell or convey or conceal his property, liable for the payment of his debts, for the purpose of avoiding the payment of the same, or whenever a debtor shall threaten, or prepare so to do, his creditor may petition the Judge of the Superior Court of the circuit where such debtor resides, if qualified to act, and, if not, the Judge of any adjoining circuit, fully and distinctly stating his grounds of complaint against such debtor, and praying for an attachment against the property of such debtor, liable to attachment, supporting his petition by affidavit or testimony, if he can control the same. Such Judge may then grant an attachment, to be issued in the usual form, and directed as usual, and which shall be executed

Page 30

as existing laws provide, and be subject to existing laws as to traverse, replevy, demurrer and other modes of defense; or such Judge may, if he deems it to be more proper under the circumstances of the case, as presented to him, before granting such attachment, appoint a day on which he shall hear the petitioner and the party against whom an attachment is prayed (providing in his order for due notice to the said party), as to the propriety of granting such attachment. And if satisfied upon such hearing that such attachment should not issue, he shall not grant the same; but if satisfied that the same should issue, he shall grant an attachment, to be governed and regulated as herein provided for attachments to be issued when no hearing is had. If the party whose property has been attached without a hearing, as herein provided, desires so to do, he may apply to said Judge, stating fully and distinctly the grounds of defense, showing why such attachment should not have issued, or should be removed, supporting the same by affidavit, and such other testimony by affidavit or otherwise, as he can control. Such Judge shall then appoint a time and place for hearing both parties, plaintiff and defendant, providing for due notice to all persons interested, allowing them full opportunity to sustain their respective cases, as in application for injunction; and may then, upon a review of the law and facts of the case, make such order in the premises as is consistent with justice, either totally or partially removing said attachment, or wholly or partially retaining the same, or disposing of the same in some manner which would be equitable and just to all parties. Such attachments, when issued and served, shall be returned and disposed of as attachments are now returned and disposed of, and be subject to the same defenses. A refusal to grant such attachment shall not be conclusive on the party applying, but he may except to the decision and carry the same before the Supreme Court for review, as applications for injunction were carried prior to the Act of 1870. So, also, the granting of such attachment may be excepted to, as refusals to grant injunctions prior to said time, and the attachment herein provided for may be taken out upon the affidavit of the agent or attorney of the creditor, if he can, by his own oath, make out a case which will satisfy the Judge of said Court. Attachment, grounds for. Party seeking must apply, to whom. Grounds must be stated. Judge may grant. How to be executed. Time of hearing application may be set. Notice to defendant. May be issued or refused. Defendant may apply for a hearing. Application, how heard and disposed of. Either party may except. Agent or attorney may apply. Approved February 24th, 1873. No. XXX.(O. No. 78.) An Act to change the time of advertising Sales by Administrators, Executors, Guardians and Trustees. 5. Section I. Be it enacted by the General Assembly of the State of Georgia , That administrators, executors, guardians and trustees may sell such property as the law now requires to be advertised, forty (40)

Page 31

days, after advertising the same for the space of once a week for four weeks after the order to sell, or authority to sell, is granted. Sales, advertized. Sec. II. Repeals conflicting laws. Approved February 19th, 1873. No. XXXI.(O. No. 70.) An Act to provide more particularly for the attendance of Witnesses for the State in Criminal Cases at the Superior Courts. 6. Section I. Be it enacted by the General Assembly of the State of Georgia , That whenever any justice of the peace or other judicial officer, sitting as a Court of inquiry, shall bind over any defendant to appear at the Superior Court to answer any charge, it shall be the duty of such officer, sitting as a Court of inquiry, then and there to indorse on the warrants the name of each witness for the State. Witnesses for State, names to be indorsed on warrants. Sec. II. Repeals conflicting laws. Approved February 19th, 1873. No. XXXII.(O. No. 185.) An Act to exempt from Jury duty all regularly license Apothecaries, who are actually engaged in the practice of their profession. 7. Section I. 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, that all regularly licensed apothecaries, who are actually engaged in the practice of their profession, shall be and they are hereby exempt from jury duty. Licensed apothecaries exempt from jury duty. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. XXXIII.(O. No. 61.) An Act to define and make certain the duties of the Attorney General of this State, and for other purposes. Whereas, By the seventh section of the fifth Article of the Constitution of this State, the office of Attorney General, as it existed before the adoption of the said Constitution, was abolished and a new office of Attorney General was created; and, whereas, it is doubtful whether or not the duties which appertained to the former office of Attorney General devolve upon the present Attorney General; now,

Page 32

for the purpose of resolving said doubt and rendering the law on that subject certain Preamble. 8. Section I. The General Assembly of Georgia do enact , That from and after the passage of this Act, in addition to the duties prescribed in the section and Article of the Constitution aforesaid, the Attorney General of this State shall, when required so to do by the Governor, perform all the duties specified in Irwin's Revised Code as belonging and appertaining to the office of Attorney General as it existed before the adoption of said Constitution. Attorney General, duties prescribed by Code to be performed by. 9. Sec. II. That for the performance of such duties the said Attorney General shall, in addition to the annual salary of two thousand dollars, have and receive the same compensation and fees as those to which by said Code the Solicitor General whose circuit embraced the seat of government and who by virtue of his office was Attorney General was entitled to have and receive for the following services: For prosecuting a Solicitor General, the payment of his necessary expenses and fifty dollars. For services in any case where the State has an interest and his services are required, the payment of his necessary expenses and fifty dollars. For suits for the collection of money on account of the State out of the circuit in which he resides, when litigated, ten per cent. upon the amount collected and fifty dollars if not collected; and if not litigated, the same fees as those of Solicitors General. Additional compensation. For prosecuting a Solicitor General. For services where State has an interest. For collection of money. Approved February 18th, 1873. No. XXXIV.(O. No. 42.) An Act to amend an Act entitled an Act to require Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, to keep dockets and to exhibit them to the grand juries of their respective counties, approved December 12 th , 1871, and for other purposes. 10. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, the above recited Act be amended so that, after the close of the first section of said Act, as it now stands, said section shall continue to read as follows, to-wit: Said docket shall also contain an itemized bill of costs charged or collected in each case entered on such docket, whether civil or criminal; said bill of costs shall also show for what officer and for what service each item of cost is charged. Itemized bills of cost to be placed on dockets. Sec. II. Repeals conflicting laws. Approved February 15th, 1873.

Page 33

No. XXXV.(O. No. 49.) An Act to amend the Act establishing County Courts, approved January 19 th , 1872. 11. Section I. Be it enacted by the General Assembly of the State of Georgia , Wherever, in said State, the County Court, provided for in the Act passed January 19th, 1872, has been or shall be established, and no salary shall be recommended by the grand jury of any county, that the County Judge shall be, and is hereby authorized to receive and retain as his compensation the cost prescribed in said Act of 1872, and in cases not provided for by said Act, the cost provided by the Act of 1865 and 1866 for County Judges. Judges of County Courts, pay provided for in certain cases. Approved February 15th, 1873. No. XXXVI.(O. No. 312.) An Act to speed the trial of Criminal Cases. 12. Section I. Be it enacted by the General Assembly of the State , That when any person is accused of any criminal offense before a Court of inquiry, and then is bound over or committed for trial in the Superior Court, the officer holding such Court of inquiry shall, at the time of such preliminary trial, give a subp[UNK]na to all material witnesses examined for the State to appear and testify in behalf of the State, before the grand jury, at the term to which the defendant is bound over or committed to appear; and may, also, whenever he judges proper so to do, exercise the power vested in him by section 4638 of Irwin's Revised Code, which subp[UNK]na shall have the same power and authority as other subp[UNK]nas, issued by proper officers and returnable to said Court. Material witnesses, Courts of inquiry to subp[UNK]na. Shall appear before grand jury. 13. Sec. II. That, after such preliminary trial and commitment or binding over, the prosecutor may, upon application to the Clerk of the Superior Court, obtain a subp[UNK]na for any person deemed by him to be a material witness for the State, before the grand jury, which subp[UNK]na shall have power and authority to compel the person subp[UNK]naed to appear and testify before said grand jury and said Clerk of the Superior Court, and the officer holding said Court of inquiry shall, at the term of the Court to which the accused is committed or bound for his appearance, furnish, on the first day of the term, the prosecuting officer of the State with a complete list of all persons so subp[UNK]naed. Prosecutor may obtain subp[UNK]nas. List of witnesses, Clerk to furnish to prosecuting officer. 14. Sec. III. That the party accused may also, upon application to the committing officer, procure from him, and which he shall issue upon such application, a subp[UNK]na, which shall require the attendance and appearance at the term of the Court to which he is committed

Page 34

or bound for appearance, and until his case is ended, of all persons deemed by him to be material for his defense, which shall have power to compel their attendance and appearance, as in cases pending in said Court; and the party accused may, upon application after such preliminary trial is ended, also procure from the Clerk of the Superior Court subp[UNK]nas for such witnesses as he may deem material, to appear at the term of the Court to which he is committed or bound to appear, and until the case is ended, which shall have power to compel their appearance and attendance, as in cases pending in said Court. These subp[UNK]nas, herein provided for, to be obtained from the Clerk aforesaid and committing officer by and for defendant, shall not extend to witnesses out of the county until a true bill is found against the defendant; and no party failing to use the means herein provided for his defense, when within his power, shall be entitled to a continuance because said witnesses are not in attendance at the term of the Court when his case is called for trial, if he is prosecuted for the same criminal act. Accused may obtain subp[UNK]nas from committing court. Accused may obtain subp[UNK]nas from Clerk of Superior Court. Accused not entitled to continuance, when. Sec. IV. Repeals conflicting laws. Approved February 24th, 1873. No. XXXVII.(O. No. 8) An Act to repeal an Act entitled An Act to make it punishable by law for any immigrant 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 immigrant shall refund to his said employer the amount in full of the traveling expenses or passage money so advanced, approved August 27 th , 1872. 15. Section I. 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 above recited Act be and the same is hereby repealed. Act to make it penal for immigrants to leave employers, etc., repealed. Approved February 5th, 1873. Note.See Act of 1872, page 26. No. XXXVIII.(O. No. 293.) An Act to prescribe the fees of Justices of the Peace and Notaries Public, in cases of possessory warrants. 16. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the Justices of the Peace and Notaries Public of this State shall be entitled to the

Page 35

following fees, in cases of possessory warrants: For affidavit to obtain a possessory warrant, and issuing the same, one dollar and twentyfive cents; for trying each possessory warrant, two dollars. Possessory warrants, fees for trying. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. No. XXXIX.(O. No. 264.) An Act to so change the law of exidence as to allow extracts from the books of all incorporated companies to be introduced in evidence in certain cases. 17. 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, when any portion of the contents of the books or records of any incorporated company, located in this State, shall be material and competent evidence in any cause pending on the civil side of any Court in this State, it shall and may be lawful for the party desiring to use the same in evidence upon procuring correct transcript from said books, certified under the hand of the chief officer in charge of the office, where said books may be, that said extract is a true and complete transcript of all that appears upon the books in said office, relative to that subject-matter, to place said extract in evidence at the trial, in lieu of the books themselves: Provided , he shall have first served the opposite party with a copy of such extract, with notice that the same will be offered in evidence, twenty days before Court, and provided, further , that nothing in this Act shall be construed to impair or diminish the right of either party to compel the production of books and papers by notice when in the hands of the opposite party, or by subp[UNK]na duces tecum , were in the hands of third persons. Books of incorporated companies, extracts from in evidence. Extracts to be made, how. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. XL.(O. No. 317.) An Act to alter and 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 th , 1872, in the several counties of this State where the County Court has been established under said Act. 18. Section I. 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 sheriffs of the several

Page 36

counties of this State, where the County Court has been established under said Act, their deputies or the regularly appointed bailiffs of said Courts may serve and execute all processes returnable to, and all judgments rendered by the County Court of their respective counties, and all service of any process of said Court. Processes, who may serve. 19. Sec. II. That said officers, in all criminal cases, and in all civil cases where the amount sued on is over one hundred dollars, shall be entitled to the same fees in said Court as are allowed to them for similar service in the Superior Courts of this State, and in cases where a less sum is sued on one half said fees in said Superior Court. The entire Court costs in cases over one hundred dollars, exclusive of sheriff's or bailiff's fees, shall be four dollars, and where a less amount is sued on the costs in each case shall be two dollars. Fees of officers. 20. Sec. III. That the jurisdiction of said County Judges shall also extend to cases of contract where the amount claimed is over one hundred dollars principal, and not exceeding two hundred dollars principal, upon the following terms: Whenever said County Judge shall exercise jurisdiction on claims exceeding one hundred dollars principal, he must previously fix, by public advertisement, not less than one month, at the Court-house door of his county, when and where he will hold the terms of his Court to adjudicate such claims, which terms must be not less than three months apart, and judgments shall only be rendered at the second term after service. The time for issuing summonses and service of the same before the first term shall be twenty days; said County Judge shall have full power to grant new trials in all cases adjudicated by him, and his decisions and judgments on such new trials, excepting when granting a new trial to persons convicted of crimes, shall be subject to revision by writ of certiorari or appeal, as in other cases; and the right of appeal, as provided by law for parties sued for more than fifty dollars principal, shall extend to cases provided for in this section. And the County Judges, in counties where, by law, County Courts are established, shall have authority to grant writs of habeas corpus and determine the same, as now by law is given to Ordinaries of this State; and in counties where such County Court is created, the County Judge may exercise jurisdiction in habeas corpus cases as now exercised by Ordinaries under existing laws. Jurisdiction extended. Term of the Court, notice of. New trials. Certiorari and appeal. Habeas Corpus. Sec. IV. Repeals conflicting laws. Approved February 24th, 1873. Note.See Acts of 1871-'72, page 288.

Page 37

No. XLI.(O. No. 292.) An Act to repeal an Act approved August 27 th , 1872, entitled an Act to make it punishable by law for any immigrant to this State to leave the service of his employer, who has paid the traveling expenses or passage money in coming to this State, unless said immigrant shall refund to his said employer the amount in full of the traveling expenses or passage money so advanced. 21. Section I. Be it enacted by the General Assembly of the State of Georgia , That an Act entitled an Act to make it punishable by law for any immigrant to this State to leave the service of his employer, who has paid the traveling expenses or passage money in coming to this State, unless said immigrant shall refund to his said employer the amount in full of the traveling expenses or passage money so advanced, approved August 27th, 1872, be and the same is hereby repealed. Act to make it penal for immigrants to leave employers repealed. Approved February 24th, 1873. No. XLII.(O. No. 318.) An Act to amend the Garnishment Laws of this State. 22. Section I. Be it enacted by the General Assembly of the State of Georgia , That whenever the garnishee shall answer that he has money or currency in his control belonging to the defendant in the principal suit, or the same fact shall be ascertained in the manner provided by law, the plaintiff, in addition to other remedies now existing, shall have the same remedy to enforce delivery of such money or currency as exist by law under section 3229 to enforce the delivery of property or effects, and all the provisions of said section as it exists and shall exist shall apply to garnishment at common law. Garnishees, how compelled to deliver money belonging to defendants. Approved February 24th, 1873. No. XLIII.(O. No. 5.) An Act to amend an Act entitled An Act to prevent Gaming of any sort in any Retail Liquor House, or shop or room connected therewith. 23. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, an Act entitled An Act to prevent gaming of any sort in any retail liquor house, or shop or room connected therewith, approved August 20th, 1872, be

Page 38

and the same is hereby amended by striking out the second section of said Act, and by striking out in the first section the words, person or persons, and inserting in lieu thereof the words, minor or minors, without the consent of their parents or guardians. Minors, may not play, when. Sec. II. Repeals conflicting laws. Approved February 4th, 1873. Note.See Act of 1872, page 26. No. XLIV.(O. No. 128.) An Act to amend the Garnishment Laws of this State . 24. Section I. Be it enacted by the Senate and House of Representative of the State of Georgia, and it is hereby enacted by authority of the same , That in all cases where the process of garnishment shall be served upon any person, and such person shall make a true answer to such process of garnishment, as now required by the laws of this State, and such person, so served, shall pay the sum due to the defendant into Court, or shall turn over and deliver up any personal property of defendants that he may have in his possession, as required by law, or shall answer truly that he owes the defendant nothing, if the garnishee shall have to incur any expense in making his or her answer to such process of garnishment, or in turning over said personal property, the amount so incurred shall be taxed in the bill of costs, under the approval of the Court, and be paid by the party cast in the suit, as other costs are now paid. Garnishees, shall be paid expenses, when. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. XLV.(O. No. 107.) An Act to amend the Law of Garnishment in this State . 25. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, when any of the persons sought to be garnisheed reside in a different county from the one where suit is pending, or in which judgment was obtained, the plaintiff, his agent, or attorney-at-law, may make affidavit and give bond in any county in the State, before any officer authorized to issue an attachment under the Code, and it shall be the duty of the officer taking such affidavit and bond, to make out a copy thereof, and certify the same to be true, and to issue summons of garnishment for such person, as he may be directed by the plaintiff, his agent, or attorney-at-law, requiring him to appear at the next Superior or Justice's

Page 39

Court of said county of the garnishee's residence, according as such suit is pending or judgment was obtained in the Superior or Justice's Court, then and there to depose, according to the provisions of law; and it shall be the duty of the officer serving such summons to return or transmit the certified affidavit and bond, together with his actings and doings thereon, to the Superior or Justice's Court of the county in which suit is pending, or judgment was obtained, and to return the original affidavit and bond to the Court where such person is summoned to appear, with his actings and doings thereon, and all subsequent proceedings shall be the same as prescribed by the Code in relation to garnishment, in cases of attachment, where the garnishee resides out of the county in which the attachment is returnable. Garnishment, service of when garnishee resides out of county where suit is brought. Duty of officer taking bond, etc. Duty of officer serving summons of garnishment. Subsequent proceedings. 26. Sec. II. That the Act shall not be so construed as to repeal section 3486 of the Code of Georgia, but as providing an additional mode of obtaining garnishment against persons residing out of the county where suit is pending, or in which judgment was obtained, and so much of said section as relates to the time in which service of summons of garnishment shall be made returnable to the Superior or Justice's Court is hereby re-enacted and made a part of this Act. Section 3486 Code, not repealed. Approved February 20th, 1873. NoteSee Code, 3486. No. XLVI.(O. No. 142.) An Act to prevent Hunting on the Sabbath day . 27. Section I. 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, any person or persons who shall hunt any kind of game with guns or dogs, or both, on the Sabbath day, shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4245 of Irwin's Revised Code. Sabbath day, penalty for hunting on. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. XLVII.(O. No. 150.) An Act to require Justices of the Peace, and Notaries Public, who are ex-officio Justices of the Peace, to furnish Receivers of Tax Returns a list of tax-payers in their respective districts . 28. 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, that Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, shall make

Page 40

a list of names of all persons liable to tax on property or poll in their respective districts, and return the same to the Receiver of Tax Returns at his second round to receive tax returns in their respective districts, in each year. Tax payers, Justices, etc., to furnish lists of. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. XLVIII.(O. No. 115.) An Act to amend the Laws of this State providing for the taking of Interrogatories . 29. Section. I. Be it enacted by the General Assembly of the State of Georgia , That where any party to a suit in any Court of this State shall desire to take the testimony of a witness, by written interrogatories and depositions, and the opposite party or his attorney shall, in writing, waive commission, the answers of the witness or witnesses may be taken in virtue of such agreement, which shall operate in lieu of a commission; and the persons acting as commissioners thereunder shall be authorized to administer the usual oath to the witness or witnesses, upon which perjury may be assigned and punished as under the penal laws of this State governing the same. Interrogatories, Commissioners to take, may be waived. Commissioners may administer oaths. Perjury may be committed. 30. Sec. II. That a caption in substance as follows shall be a sufficient return, under said agreement, to-wit: STATE OF GEORGIA, [UNK] ..... County. By virtue of an agreement between the parties or counsel in the case of..... vs. ....., pending in the..... Court, of..... county, (or district, as the case may be,) the undersigned acting as commissioners, have caused A B, a witness in said case, to come before us, who, being duly sworn true answers to make to the annexed interrogatories, deposes and answers as follows: Form. To 1st interrogatory, he answers, etc. To 2d interrogatory, he answers, etc. To 1st cross-interrogatory, he answers, etc. To 2d cross-interrogatory, he answers, etc. Answered, subscribed and sworn to before us, this..... day of....., 18..... J..... K....., Witness. E..... F..... [Com's seal.] G..... H..... [Com's seal.] And a substantial compliance with the same shall be sufficient to let the answers go to the jury, if legal on other grounds, and to give legal sanction to oath administered as aforesaid. Substantial compliance. Sec. III. Repeals conflicting laws. Approved February 20th, 1873.

Page 41

No. XLIX.(O. No. 291.) An Act to alter and amend the several provisions of law in relation to Drawing, Summoning, Impanneling and Qualifying of Jurors in this State . 31. Section I. Be it enacted by the General Assembly of the State of Georgia , That whenever the session of any Court of record in this State shall be prolonged beyond the week or period for which juries were drawn at the close of the preceding term as by law provided, or the Judge anticipates that the same is to be so prolonged, or from any other cause, such Court has convened, or is about to convene, and there have been no juries drawn from the same, it shall and may be lawful for each Judge to draw juries, so many as may be necessary for such Court, and cause them to be summoned accordingly, in the manner prescribed by law for drawing juries at the close of regular terms of such Courts, respectively, and all juries thus drawn and summoned heretofore, and their services are hereby legalized as far as not already so. Juries, how drawn in case of polonged terms. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. Note.See Act of 1869, page 139; Act of 1870, page 407; Acts of 1871 and 1872, pages 42 and 47. No. L. (O. No. 93.) 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, approved February 15 th , 1869. 32. Section I. Be it enacted by the General Assembly of the State of Georgia , That when the jury-list and jury-box, or either of them, of any county in this State, shall be destroyed, it shall be the duty of the persons required by law to revise the jury-lists and boxes of said county as soon thereafter as practicable, to meet at the county site of such county, and make out the jury-list, and arrange the names in the jury-box, as required by law, in revising jury-lists and boxes at regular times. Jury list and jury box, when destroyed, duty of revisers. 33. Sec. II. That in the event no jury has been drawn for said county, or the record of the drawing regularly made is destroyed, the officers now required by law shall draw from the jury-box, arranged by virtue of the first section of this Act, panels of jurors for the term of the Superior Court, next succeeding said revision of list and box, by virtue of this Act, and said panels may be served at any time before said term. When no jury has been drawn, duty of officers. Sec. III. Repeals conflicting laws. Approved February 20th, 1873.

Page 42

No. LI.(O. No. 319.) An Act to regulate the Law of Claims in this State . 34. Section I. Be it enacted by the General Assembly of the State of Georgia , That the remedy provided in section 3250 of the Attachment Law as to claims, be and is hereby extended to all other claims in the cases therein provided in section 3250. Claims, law of, amended. Approved February 24th, 1873. No. LII.(O. No. 315.) An Act to regulate the Law of Liens in the State of Georgia . 35. Section I. Be it enacted by the General Assembly of the State of Georgia , That the following liens are hereby established in this State, viz.: Liens in favor of the State, counties and municipal corporations for taxes; liens in favor of creditors by judgments and decree; liens in favor of laborers; liens in favor of landlords; liens in favor of mortgages; liens in favor of merchants, factors and others, furnishing necessaries as hereinafter provided; liens in favor of mechanics on real and personal property; liens in favor of contractors, material-men, machinists and manufacturers of [Illegible Text]: liens in favor of certain creditors against steamboats and other [Illegible Text]-craft; liens in favor of proprietors of saw mills, and the products of saw mills, and of proprietors of planning mills and other similar establishments; liens in favor of inn-keepers, boading house-keepers, carriers, livery stable keepers, pawnees, depositaries, bailees, factors, acceptors and attorneys-at-law. Liens, who are entitled to. 36. Sec. II. That liens for taxes due the State or any county thereof, or municipal corporation therein, shall cover the property of tax payers liable to tax, from the time fixed by law for valuation of the same in each year, until such taxes are paid, and the property of Tax Collectors and their sureties from the time of giving bond until all the taxes for which they are responsible shall be paid. These liens for taxes are hereby declared to be superior to all other liens, and shall rank between themselves, as follows: First in rank, taxes due the State; second in rank, taxes due to the counties of the State; third in rank, taxes due to municipal corporations of the State. Taxes, liens for. Superiority of liens for taxes. 37. Sec. III. That liens in favor of creditors by judgment, decree, mortgage, or for costs due to the State in criminal cases, as provided in section 4602 of the Revised Code, shall remain under existing laws, except when altered by subsequent provisions in this Act. Creditors, liens of. 38. Sec. IV. That laborers shall have a general lien upon the property of their employers, liable to levy and sale, for their labor, which is hereby declared to be superior to all other liens, except liens

Page 43

for taxes, the special liens of landlords on yearly crops, and such other liens as are hereinafter declared superior to them. Laborers shall also have a special lien on the products of their labor superior to all other liens, except liens for taxes, and special liens of landlords on yearly crops, to which they shall be inferior. Liens of laborers shall arise upon the completion of their contract of labor, but shall not exist against bona fide purchasers without notice, until the same are reduced to execution and levied by an officer. Liens of laborers in conflict with each other shall rank according to date, dating each from the completion of the contract of labor. Laborers, liens of. 39. Sec. V. That landlords shall have a special lien for rent on crops made on lands rented from them, superior to all other liens except liens for taxes, to which they shall be inferior, and shall also have a general lien on the property of the debtor, liable to levy and sale, which last lien shall date from the time of the levying a distress-warrant. This general lien of landlords shall be inferior to liens for taxes, the lien of laborers, general and special, but shall rank with other liens, and with each other according to datethe date being from the time of levying a distress-warrant to enforce the same. The special liens of landlords for rent shall date from the maturity of the crops on the lands rented, unless otherwise agreed upon, but shall not be enforced by distress-warrants until said rent is due, unless the tenant is removing his property, when the landlord may, as the Code provides, enforce liens both general and special. Landlords, liens in favor of. 40. Sec. VI. That factors, merchants, landlords, dealers in fertilizers, and all other persons furnishing supplies, money, farming utensils, or other articles of necessity to make crops, and also all persons furnishing clothing and medicines, supplies or provisions for the support of families, or medical services, tuition or school books, shall have the same right to secure themselves from the crops of the year in which such things are done or furnished, as is now given by law, under the Act of 1865-6, to factors, with the following conditions: All of the liens provided for in this section must be created by special contract, in writing, and every person giving a lien under this section, having previously given a lien or liens under it, or any other lien, shall, when giving a new lien under this section on the same property to another person, inform such person, if interrogated as to the facts, of the amount of such lien or liens, and to whom given; and such person giving false information as to the facts aforesaid, shall be guilty of the same offense as that of persons fraudulently making a second deed, under section 4511 of the Code, and be punished as therein prescribed; and the liens created under this section are hereby declared to be superior in rank to other liens, except liens for taxes, the general and special lien of laborers, and the special lien of landlords, to which they shall be inferior, and shall, as between themselves and other liens not herein excepted, rank according to date, and shall only exist as liens on the crop of the year in which they are made. Factors, merchants, et al., liens in favor of. 41. Sec. VII. That all mechanics, of every sort, shall, for work

Page 44

done and material furnished in building, repairing or improving any real estate of their employers, as described in section 1959 of the Code; all contractors, material-men and persons furnishing material for improvement of real estate, as described in section 1959 of the Code; all contractors for the building of factories, furnishing material for the same, or furnishing machinery for the same; and machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up in any county of this State any steam-mill or other machinery, or who may repair the same; and all contractors to build railroads shall each have a special lien on such real estate, factories and railroads which shall be declared and created as provided for in section 1963, paragraph 2, of the Code, which must be recorded within thirty days after the completion of the work, or within thirty days after such material or machinery is furnished, in the county where such property is situated, in the office of the Clerk of the Superior Court, for which such Clerk shall be paid as provided in section 1963 of the Code. When work done, or material furnished for the improvement of real estate is done, or may be furnished upon the employment of a contractor, or some other person than the owner, then, and in that case, the lien given by this section shall attach upon the real estate improved, as against such true owner, upon written notice given to him, stating the amount claimed, before he settles with or pays such contractor or employer, and when he has settled or paid in part only for the balance still unpaid, at the time of such notice. As between themselves, the liens in this section provided for shall rank according to date, but all liens (herein mentioned for repairs, building or furnishing material,) upon the same property shall, as to each other, be of the same date when declared, and recorded within thirty days after the work is done, or before that time. The liens in this section specified shall be inferior to liens for taxes, to the general and special lien of laborers, to the general lien of landlords for rent, when reduced to execution and levied, and to other general liens, when actual notice of such general liens of landlords and others have been communicated before the work was done, or material furnished. The liens under this section provided for shall be superior to all other liens, except as above expected, and always expecting, also, claims for purchase-money due persons who have only given bonds for titles. Mechanics, liens in favor of. Contractors and machinists. Must be recorded. Dignity of such liens. 42. Sec. VIII. That all mechanics, of every sort, for work done and material furnished in manufacturing personal property, or for repairing personal property, shall have a special lien on the same, which must be asserted by retention of such property, and not otherwise. The liens arising under this section shall be lost by the surrender of such personal property to the debtor, and shall be superior to all liens, but liens for taxes, and such other liens as the mechanics may have actual notice of, before the work was done, or material furnished. Mechanics, special liens in favor of, 43. Sec. IX. That liens on steamboats and other water-craft, as described in section 1968 of the Revised Code, shall remain as set

Page 45

forth and prescribed in said section, superior to all liens, but such as they had actual notice of before the debt was created, and tax liens. Steamboat liens. 44. Sec. X. That properties of planing mills and other similar establishments shall have the same lien as provided in section eighth of this Act for work done or material furnished by others, and when they furnished material shall have the same liens provided in section seventh of this Act for material-men. Proprietors of saw mills, when furnishing material for improvement of real estate to purchasers from them for that purpose, are hereby declared to be included in this section, and to be entitled to the liens provided in section seventh, and to be governed, when the same are applicable, by the rules laid down in section seventh aforesaid. Planing mills, etc., liens in favor of. 45. Sec. XI. That laborers about steam mills and other establishments mentioned in section tenth of this Act shall have the same lien as are provided for laborers under section fourth of this Act. Laborers at steam mills, liens in favor of. 46. Sec. XII. That all persons furnishing saw mills with timber, logs, provisions, or any other thing necessary to carry on the work of saw mills, shall have liens on said mills and their products, superior to all liens but liens for taxes, liens of labor, as provided for in sections fourth and eleventh of this Act, to which they shall be inferior, and to all general liens of which they have actual notice before their debt was created. The liens herein created shall, as between themselves, rank according to date, and the date of each shall be from the time when the debt was created. Saw mills, liens on. 47. Sec. XIII. That inn-keepers, boarding house-keepers, carriers and livery stable-keepers shall have a lien for their dues on the baggage of their guests, on the goods and articles transported, and on the stock placed in their care for keeping, which shall be superior to all liens except liens for taxes, special liens of landlords for rent, liens of laborers, and all general liens of which they had actual notice before the property claimed to be subject to lien came into their control, to which they shall be inferior. Inn keepers et al., liens in favor of. 48. Sec. XIV. That pawnees, as described in section 2110 of the Code; factors, as described in section 2085 of the Code; bailees, as described in section 2079 of the Code, unless otherwise provided for in this Act; acceptors, as described in section 2737 of the Code, shall have such liens as in said Code designated. These liens in this section named shall be inferior to liens for taxes, liens of which such persons had actual notice before becoming creditors, special liens for rent, liens of laborers, liens or mortgages duly recorded, judgment liens, and other general liens reduced to execution and levied. Depositaries, as described in sections 2083, 2084 of the Code, shall have such liens as prescribed by the Code, and shall, as to other liens, occupy the same position as mechanics in section eighth of this Act. All of the liens mentioned in this section shall be lost by a surrender of the property on which the lien is claimed to the debtor. They shall rank with each other and other liens not herein this section provided for according to date. Pawnees et al., liens in favor of.

Page 46

49. Sec. XV. That incorporated companies shall have such a lien as is provided in section 1981 of the Code. Incorporated Companies, liens of. 50. Sec. XVI. That attorneys-at-law shall have a lien on all papers and money of their clients in their possession, for services rendered to them; may retain such papers until said claims are satisfied, and may apply such money to the satisfaction of said claims. Upon suits, judgments and decrees for money, they shall have a lien superior to all liens but tax liens, and no person shall be at liberty to satisfy said suit, judgment or decree, until the lien or claim of the attorney, for his fees, is fully satisfied. Attorneys-at-law shall have the same right and power over said suits, judgments and decrees to enforce their liens, as their clients had or may have for the amount due thereon to them. Upon all suits for the recovery of real or personal property, and upon all judgments or decrees for the recovery of the same, attorneys-at-law shall have a lien on the property recovered for their fees, superior to all liens but liens for taxes, which may be enforced, as follows: Said attorneys-at-law or their lawful representatives may enforce their liens as liens on personal and real estate by mortgage or foreclose, and the property recovered shall remain subject to said liens, unless transferred to bona fide purchasers without notice. If any attorney-at-law shall file, as provided in section 1963 of the Code, his assertion claiming lien on property recovered on suit instituted by him within thirty days after a recovery of the same, then his lien shall bind all persons. This section shall not affect the rights of attorneys, under sections 1979 and 3789 of the Code, and decisions of the Supreme Court thereon. And the same liens and modes of enforcement thereof, which are allowed by this Act or preceding laws, to attorneys-at-law, who are employed to sue for any property upon the property recovered, shall be equally allowed to attorneys-at-law, employed and serving in defense against such suits, in case the defense is successful. Attorneys, liens in favor of. 51. Sec. XVII. That liens on real property, provided for in this Act, not mortgages, shall be foreclosed, when not otherwise provided in this Act, by the following sections of the Code: 1961, 1962, 1963, 1964 and 1965. Liens on personal property, not mortgages, when not otherwise herein provided, shall be foreclosed, in accordance with provision of section 1969 of the Code and Acts amendatory thereof. If, however, no demand can be made, as required by such section and Acts, by reason of absence from the county of his residence of the party creating a lien on personal property, by reason of removal from the same, absconding from the same, or other reason, showing an intention to be absent to defeat such demand, then the party holding such lien shall not be obliged to make a demand or affidavit thereof, but may foreclose without such demand, by stating, on oath, why no such demand was made. Liens of pawnees, inn-keepers, boarding house keepers, livery stablemen, attorneys-at-law in possession of personal property under a lien for fees, shall be satisfied according to provisions of section 2112 of the Code. Liens of factors and acceptors, and of incorporated companies, shall be satisfied by such sale as

Page 47

the usage of the locality where such factors and acceptors reside, and incorporated companies are located, may be, has established or may establish. These provisions as to pawnees, inn-keepers, boarding house keepers, livery stable keepers and factors and others, shall only apply where there is no notice of conflicting lien. If there is a conflicting lien, the mode of foreclosure pointed out in section 1969 of the Code, as modified by this section, shall be pursued. Liens on real property, how foreclosed. 52. Sec. XVIII. That liens of vendors, under sections 2606, 2607, 2608 of the Code, shall remain as regulated now by law. Vendors, liens of. 53. Sec. XIX. That the priority of liens given by existing laws to judgments for purchase-money of real estate, over all other liens, is hereby confirmed. Purchase money of real estate. 54. Sec. XX. That all liens not herein regulated and fixed as to their rank, shall rank according to the date, the eldest having priority. Other liens. 55. Sec. XXI. That all liens herein provided for may be assigned by writing, and not otherwise, and under such assignment the assignee shall have all the rights of the assignor, as regulated by this Act. Liens assignable. Sec. XXII. Repeals conflicting laws. Approved February 24th, 1873. No. LIII.(O. No. 290.) An Act to regulate the Law of New Trials in certain Criminal Cases. 56. Section I. Be it enacted by the General Assembly of the State of Georgia , That whenever a motion for a new trial shall have been made at the term of trial in any criminal case in this State and overruled, or when a motion for a new trial has not been made at such term, in either event no motion for a new trial from the same verdict shall ever be made or received, unless the same be an extraordinary motion or case, such as is provided for in section 3668 of Irwin's Revised Code, and there shall be but one such extraordinary motion ever made or allowed. New trials, motions for may not be made when. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. No. LIV.(O. No. 306.) An Act to regulate the practice in the Justices' Courts of this State. 57. Section 1. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, when process of garnishment is sued out, returnable to any Justice's Court, and served upon the garnishee, it shall be the duty of the garnishee to answer within ten days from the day of service; and in case of

Page 48

failure so to answer, the Justice of the Peace shall enter a default against the garnishee, and shall enter up judgment in favor of the plaintiff against the garnishee for such an amount as may have been obtained by judgment against the defendant, or for such amount as may thereafter be recovered in the pending suit, after judgment obtained. When the garnishee appears, and answers that he is indebted to or has property or effects in his hands belonging to the defendant, the Court shall proceed as prescribed in section 3229 of Irwin's Revised Code. Garnishee must answer, when. Judgment by default, 58. Sec. II. That if the plaintiff in such suit desires to traverse the answer of such garnishee, he shall do so within ten days after the same is filed, and not afterwards. Traverse of garnishee's answer. 59. Sec. III. That if such traverse is filed as prescribed in the foregoing section, it shall be the duty of the party filing such traverse within five days after the filing of the same to give written notice to the opposite party in interest, or his, her or their attorney, of the time of hearing the issue formed upon the same, which shall be appointed by the presiding Justice, and shall not be less than ten days after the filing of said traverse. Notice of traverse. 60. Sec. IV. That when an issue is made by an affidavit of illegality, as now provided for by law, and returned to any Justice's Court in this State, it shall be the duty of the Justice of the Peace to assign a day for the trial of the issue, which shall be within ten days from the date of the return of the papers, and if the parties are not ready for the trial at the time assigned, the Justice of the Peace may, for good cause shown, continue the cause to some other day, not exceeding ten days. Affidavit of illegality, time for trial of. Sec. VI. Repeals conflicting laws. Approved February 24th, 1873. Note.In Scott, Bondurant Adams vs . Patrick et al. , (44th Ga., page 188,) the Court held that it was the duty of the Justice's Court to continue the proceedings against the garnishee, who was in default, as least as long as the defendant in the case had to answer the suit. No. LV.(O. No. 192.) An Act to authorize the Judges of the Superior Courts, Ordinaries and Justices of the Peace, in this State, to order the sale of property when levied on, whenever the same is of a perishable nature or liable to deteriorate in value from keeping, or when there is an expense in keeping the same. 61. Section I. 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, whenever any property shall be levied on by virtue of any fi. fa. , attachment or other procees issuing from any of the Superior Courts of this State, or by virtue of any fi. fa. , attachment

Page 49

or other process issuing from any Justice's Court in said State, and the defendant fails to replevy the same, and the same remains in the hands of the levying officer, and is of a perishable nature, or liable to deteriorate in value from keeping, or there is expense attending the keeping of the same, (the same not being real estate,) upon the facts being made plainly to appear to the Judge of the Superior Court, or to the Ordinary of the county in which such levy is made, during the absence of the Judge of said Superior Court, when the fi. fa. is returnable to the Superior Court or to the Justice of the Peace of the district in which the levy is made, when the fi. fa. is returnable to a Justice's Court, it shall be their duty to order a sale of the property, which shall be at the usual place of holding sheriff's sale of the county, when such property may be when the fi. fa. is returnable to the Superior Court, and when the fi. fa. is returnable to a Justice's Court, at the usuable place of constable's sales of the district where the property may be, or at such other place as the magistrate ordering said sale may direct; the time and place of holding such sales shall be advertised at the Court-house and two other public places when the same is to take place, at least ten days before the day of sale, and when the fi. fa. is returnable to a Justice's Court, it shall be advertised at the Court-house door of the district in which said levy is made; and the money arising from said sale shall be held by the officer making the same, subject to the order of the Court having jurisdiction of the same: Provided , that the Judge, Ordinary or Justice may order the sale of live stock, fruit or other personal property in a perishable condition after three days' notice. Perishable property, when levied on, sale of. Who may order sale. Where the sale shall take place. Where to be advertized. Proceeds of sale, disposition of. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. LVI.(O. No. 153.) An Act to prevent the sacrifice or property sold by the State at sheriff's sale, and to authorize the Governor to sell any property bought at such sale. 62. Section I. Be it enacted by the General Assembly of the State of Georgia , That at all sheriffs' sales under or by virtue of any fi. fa. in favor of the State of Gorgia or the Governor thereof, except tax fi. fas. , the Governor for the time being may by himself or any one authorized by him bid for and purchase the property so sold; provided , in no case shall more be bid for such property than the amount due the State upon such fi. fa. State may buy property at sheriff's sales, when. 63. Sec. II. That the property so purchased shall be for the use of the State, and the titles thereto shall be made to the Governor of this State and his successors in office, and assigns. Property so purchased. Sec. III. That the Governor may rent out said property or sell the same at public outcry to the highest bidder upon such terms as

Page 50

he may deem best for the interests of the State, and may make the necessary conveyances for the same; Provided , such sale shall be advertised in the same manner and for the same time as sheriffs' sales. May be rented or sold by Governor. 64. Sec. IV. That in case there be any exemption of any part of the property so purchased or the proceeds thereof, or any lien or encumbrance of superior dignity to the lien of the State, said Governor may pay the amount so exempted or the said lien or encumbrance to the person entitled thereto. Exemptions, liens or encumbrances may be purchased. 65. Sec. V. That the Governor shall report to the General Assembly at its following session any purchase, lien or sale made under this Act, giving full particulars of the transaction. Purchases, Governor to report. Sec. VI. Repeals conflicting laws. Approved February 20th, 1873. No. LVII.(O. No. 144.) An Act to amend an Act entitled an Act to provide a remedy by which money or property, stolen or unlawfully or fraudulently converted or detained from the State or Western and Atlantic Railroad, may be recovered, and for other purposes, approved December 15th , 1871, authorizing the Governor to remove the informer in any case, and prosecute the cause as, in his discretion, may seem proper, and regulating the mode of compensation of informer and counsel under said Act. 66. Section I. Be it enacted by the General Assembly of the State of Georgia , That the first section of said Act be amended as follows: The Governor is hereby authorized to remove any informer in any suit pending, or to be commenced, under said Act, if, in his discretion, it shall be necessary, in order to promote the interest of the State, and to prosecute said cases with or without an informer, as to him may seem best for the State. Informers, Governor may remove. 67. Sec. II. That first section of said Act shall be further amended as follows: Strike out the words and his counsel, in the fifteenth line of said first section, and at the end of said first section, insert the following clause: And the counsel who shall represent said cause, employed by the informer or the Governor, shall receive such compensation as may be equitable and just, to be paid out of the recovery in said suit, by order of the Court, and the Court may hear evidence as to the proper compensation to be paid said informer, or the counsel in said causes: Provided , said counsel appeared in said causes by the approval and consent of the Governor. Compensation of counsel. 68. Sec. III. That in case of the removal of any informer, under said Act, by the Governor, that the Governor is hereby authorized to make such compensation to said informer, for services already rendered,

Page 51

as may be just and proper, to be paid only out of the ultimate recovery on the said suit. Of informers. Approved February 20th, 1873. Note.See Acts of 1871 and 1872, page 77. No. LVIII.(O. No. 75.) An Act to authorize and empower Sheriffs and their legal deputies in this State to administer oaths in certain cases. 69. 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, it shall and may be lawful for sheriffs and their legal deputies in this State to administer oaths in all cases where, in the discharge of the duties of the office of sheriff, it may be legal for them to take bond and security, or any affidavit which, by law, suspends the further execution of the process in their hands, and said oaths, when so taken, shall be as legal and binding, and subject to the same penalty as to perjury, as oaths are when administered by any other officer in this State. Oaths, sheriffs may administer, when. Effect of. Sec. II. Repeals conflicting laws. Approved February 19th, 1873. No. LIX.(O. No. 320.) An Act to regulate the practice in cases of Special Presentments by the Grand Juries, and for other purposes. 70. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, all special presentments by the grand juries of this State, charging defendants with violations of the penal laws, shall be treated as indictments. It shall not be necessary for the Clerk to enter such presentments in full upon the minutes, but only the statement of the case and finding of the grand jury, as in cases of indictment; nor shall it be necessary for the Solicitor General to frame bills of indictment upon such presentments, but he may arraign defendants upon such presentments, and put them upon trial, in like manner as if the same were bills of indictment. Special presentments, defendants may be put on. Sec. II. Repeals conflicting laws. Approved February 24th, 1873.

Page 52

No. LX.(O. No. 33.) An Act to amend the Usury Laws of this State, so far as they relate to banks, and for other purposes. 71. Section I. The General Assembly of the State of Georgia do enact , That banks incorporated by the laws of or doing business in this State may make the same contracts respecting the rate of interest to be paid for the loan of money as are lawful between individuals, and shall be liable to the same penalty, and no other, incurred by individuals where they lend money at a greater rate of interest than that authorized by law. Banks may charge same rates of interest as individuals. Sec. II. All laws now in force respecting the rate of interest charged for the loan of money by individuals shall be applicable to banks doing business in this State. Sec. III. Repeals conflicting laws. Approved February 14th, 1873. No. LXI.(O. No. 74.) An Act to repeal the Usury Laws in this State, and to fix the rate of interest in cases where contracting parties make no contract in writing in reference thereto. 72. 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, all laws in this State upon the subject of usury be and the same are hereby repealed. Usury, all laws on subject of, repealed. 73. Sec. II. That the rate of interest in this State, when the same is not otherwise agreed upon, in writing, by the parties, shall be seven per cent. per annum, as heretofore allowed by law. When no interest is fixed upon 7 per cent. allowed. 74. Sec. III. Wherever the parties to any note, bond, bill or other contract or evidence of indebtedness which bears interest, shall agree upon any other rate of interest, whether the same be more or less than seven per cent. per annum, and shall insert the amount or rate of interest so agreed upon in the written contract, the same shall be legal and valid, to all intents and purposes, and it shall be the duty of the Courts of this State to inforce such contracts. Any amount may be contracted for. 75. Sec. IV. That in no case shall more than seven per cent. be allowed, unless the same is provided for in the written contract. 7 per cent. when no contract in writing. Sec. V. Repeals conflicting laws. Approved February 19th, 1873.

Page 53

No. LXII.(O. No. 4.) An Act to change the time of holding certain of the Superior Courts of the Atlanta Judicial Circuit. 76. Sec. 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 Fulton shall be so changed as to convene on the Monday next after the fourth Monday in March and September of each and every year, and the times of holding the Superior Courts of the county of DeKalb, be so changed as to convene on the third Mondays in March and September, and that all writs, orders, subp[UNK]nas, veniries and processes of all kinds, both civil and criminal, be deemed to have been changed accordingly, and all parties, counsel, jurors, and witnesses, be required to take notice of the same accordingly. Fulton and DeKalb Superior Courts, time of holding. Approved February 4th, 1873. No. LXIII.(O. No. 11.) An Act to change the time of holding the Superior Courts of Calhoun County. 77. Section I. 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 Superior Courts of said county, shall be held on third Mondays in March and September in each and every year, next after the passage of this Act: Provided , that the first term of said Court, after the passage of this Act shall be held as now provided by law. Superior Court, time of holding. Proviso. 78. Sec. II. That all writs, processes, etc., which may have been returned to said Court shall be legal and binding, as though this Act had not been passed. Writs and processes. Sec. III. Repeals conflicting laws. Approved February 5th, 1873. No. LXIV.(O. No. 188.) An Act to change the times of holding the Superior Court of Chatham county, to increase the number of Terms thereof, to regulate the modes of proceeding in said Court, and for other purposes. 79. Section I. The General Assembly of the State of Georgia do enact , That, commencing with the first Monday in January next,

Page 54

there shall be in each and every year three sessions or terms of the Superior Court of Chatham county; that is to say, on the second Mondays in February, May and November in each year. Three terms. 80. Sec. II. That the Judge of the Superior Courts of the Eastern Circuit of the State be and is hereby authorized to adjourn the said Superior Court of Chatham county from time to time, and to take such recesses during the continuance of his terms as to him may seem fit and necessary to the better carrying on the business of the said Court. Adjournment from time to time. 81. Sec. III. That the Judge of the Superior Courts of the Eastern Circuit of Georgia shall be and he is hereby authorized to draw grand and petit jurors at any time during the sessions of the Superior Court of Chatham county, when, in his discretion, the business of the Court may render it necessary. Grand and petit jurors. 82. Sec. IV. That all writs, processes and other matter made returnable to the terms of said Court as now provided by law, shall be as good and effectual as if no change had been made as herein provided for. Writs, processes, etc. 83. Sec. V. That all rules nisi upon the foreclosure of mortgages on reality shall be published once a month for three months, or served upon the mortgagor or his special agent or attorney, at least two months previous to the time at which the money is directed to be paid into Court as aforesaid. Rules nisi upon foreclosure of mortgages. Sec. VI. Repeals conflicting laws. Approved February 21st, 1873. No. LXV.(O. No. 3.) An Act to change the time of holding the Superior Court of McDuffie County. 84. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the Spring term of the Superior Court for McDuffie county shall be held on the third Monday in March in each year, and the Fall term of said Court shall be held on the third Monday in September in each year, and at each term to continue one week if necessary for the discharge of business before said Court; and adjourned terms of said Court may be held under existing laws. All processes and proceedings returnable to the February and August terms of said Court, fixed by Act of 1872, are hereby made returnable to the Court, as provided in this Act; and all laws conflicting with this Act are hereby repealed. McDuffie Superior Court, time of holding. Approved February 1st, 1873.

Page 55

No. LXVI.(O. No. 62.) An Act to change the time of holding the Superior Courts of McIntosh County. 85. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the times for holding the Superior Courts for the county of McIntosh, in said State, shall be on Wednesday after the first Mondays in May and December. Wednesday after the first Monday in May and December. 86. Sec. II. That all writs, cases and processes returnable to said Courts prior to the passage of this Act, shall be held and considered as returnable to said terms of the Court as herein specified, and shall be tried and disposed of as though the same were so returned. Writs, processes, etc., considered returnable to said terms. Sec. III. Repeals conflicting laws. Approved February 18th, 1873. No. LXVII.(O. No. 22.) An Act to change the times of holding the Superior Court in Meriwether County, and for other purposes. 87. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the times of holding the Superior Court in Meriwether county shall be changed from the third Mondays in February and August to the first Mondays in May and November in each year. Third Mondays in February and August. 88. Sec. II. That all writs, cases, processes, orders and other proceedings, returnable to said Courts prior to the passage of this Act, shall be held and considered as returnable to the terms herein fixed and prescribed. Writs, processes etc., legalized. 89. Sec. III. That said Courts shall be held for the same length of time, and under the same regulations, as are now provided by law. Length of terms. Sec. IV. Repeals conflicting laws. Approved February 13th, 1872. No. LXVIII.(O. No. 97.) An Act to fix the time of holding the Superior Court in Muscogee County. 90. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the Superior

Page 56

Court of the county of Muscogee shall be held on the second Mondays in May and November in each year. 2d Monday in May an November. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. LXIX.(O. No. 32.) An Act to authorize the Judge of the Superior Court of Muscogee county to draw panels of Grand Jurors, consisting of either thirty-six or forty-eight, in his discretion. 91. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Judge of the Superior Court of Muscogee county be and he is hereby authorized and empowered to draw panels of either thirty-six or forty-eight grand jurors, for each term of the Superior Court of said county of Muscogee. Grand juries for Muscogee, panels may be drawn, how. Sec. II. Repeals conflicting laws. Approved February 14th, 1873. No. LXX.(O. No. 166.) An Act to alter and amend an Act entitled An Act to fix the times of holding the Superior Courts of the Southern Circuit, approved August 28th, 1872, and to repeal the first section of An Act to change the time of holding the Superior Courts of Lowndes county, and for other purposes, approved August 24 th , 1871. 92. Section I. 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 first section of an Act to fix the times of holding the Superior Courts of the Southern Circuit, approved August 23d, 1872, be altered and amended as follows: Thomas Court shall be held on the third weeks in April and October, and shall be held two weeks; Brooks Court, the first Mondays in May and November; and Lowndes Court the third Mondays in May and November. Thomas Superior Court. Brooks Superior Court. Lowndes Superior Court. 93. Sec. II. That the first section of an Act to change the Superior Courts of Lowndes county, and for other purposes, approved August 24th, 1872, be and the same is hereby repealed. 94. Sec. III. That all writs, subp[UNK]nas, and other processes already issued, returnable to the aforesaid Courts, shall be held as returnable to the times changed by this Act. Writs, processes, etc., legalized. Sec. IV. Repeals conflicting laws. Approved February 21st, 1873.

Page 57

No. LXXI.(O. No. 45.) An Act to change and transfer the county of Stewart from the Pataula Judicial Circuit to the Chattahoochee Judicial Circuit. 95. 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 the county of Stewart, heretofore included in the Pataula Judicial Circuit, is hereby transferred from said Pataula Judicial Circuit to the Chattahoochee Judicial Circuit, and from and after the passage of this Act, the said county of Stewart shall be and become a part of said Chattahoochee Judicial Circuit. Stewart county transferred to Chattahoochee circuit. Sec. II. Repeals conflicting laws. Approved February 15th, 1873. No. LXXII.(O. No. 99.) An Act to change the time of holding the Superior Courts of Wilcox county. 96. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the time for holding the Superior Courts of Wilcox county shall be changed from the third Mondays in March and September, of each and every year, to the fourth Mondays in March and September of each year. Wilcox Superior Court, 4th Mondays in March and September. 97. Sec. II. That all writs, processes and other proceedings returnable to said Superior Courts, are hereby made returnable to the Court as provided by this Act. Writs, processes, etc., made returnable to said terms. Sec. III. Repeals conflicting laws. Approved February 20th, 1873. No. LXXIII.(O. No. 69.) An Act to legalize the Adjournment of the Superior Court of Wilcox county. Whereas, The Superior Court of Wilcox county, which ought to have been held on the third Monday in September, 1872, as prescribed by law, was adjourned by order of the presiding Judge to the first Monday in December, 1872, at which time said Court was held; and whereas, the legality of said order is doubted; Preamble. 98. Section I. The General Assembly of the State of Georgia do enact , That the said adjournament of the Superior Court of Wilcox county from the third Monday in September, 1872, to the first Monday

Page 58

in December, 1872, is hereby declared to be and made legal, and the proceedings of said Court, at the said adjourned term, shall be as valid as if held at a regular term. December, 1872 adjourned term legalized. Sec. II. Repeals conflicting laws. Approved February 19th, 1873. No. LXXIV.(O. No. 305.) An Act to prescribe the limits of the Eastern Judicial Circuit, to attach certain counties to other Circuits, to increase the number of terms of the Superior Court of Chatham county, and for other purposes. 99. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the counties of Chatham, Effingham, Bullock and Bryan shall constitute the Eastern Judicial Circuit of this State. Eastern Judicial Circuit, what shall constitute. 100. Sec. II. That from and after the passage of this Act, the county of Sereven shall be and is hereby attached to and made a part of the Middle Circuit, and the counties of Liberty and McIntosh shall be and the same are hereby made parts of the Brunswick Circuit. Scriven county attatched to Middle Circuit. 101. Sec. III. That it shall and may be lawful for the Judge of the Eastern Judicial Circuit to adjourn the Superior Court of Chatham county from time to time, and to take recesses of said Court, and to draw and discharge jurors, both grand and petit, as the necessities of the business of said Court may require. Chatham Superior Court. 102. Sec. IV. That all writs, precepts, processes, summonses, subp[UNK]naes and recognizances returnable to said Superior Court of Chatham county, as heretofore prescribed by law, shall be returnable to the terms of said Court, as altered and changed by this Act. Writs, processes, etc. 103. Sec. V. That the county of Echols be taken from the Brunswick Circuit and added to the Southern Circuit. Echols county. Sec. VI. Repeals conflicting laws. Approved February 24th, 1873. No. LXXV.(O. No. 220.) An Act to amend an Act to prescribe the manner of Incorporating Towns and Villages in this State, approved August 26th, 1872. 104. Section I. 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 entitled an Act to prescribe the manner of incorporating towns and villages in this State, be and the same is hereby amended by striking out the

Page 59

words consisting of not less than one hundred, in the second and third lines of the second section of said Act, and inserting the words consisting of not less than twenty-five qualified voters; also, by striking out the word twenty in the fourth line of said section, and inserting in lieu thereof the words a majority. Towns and villages, manner of incorporating, amended. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. Note.See Acts of 1872, page 10. TITLE IX. LUNATIC ASYLUM. Section. 1. Trustees to present, annually, to Governor estimates of amount required for support of Asylum. 2. Steward and Treasurer shall present itemized accounts of expenditures. Section. 3. Offices of Steward and Treasurer to be distinct. 4. Salaries of the Trustees. 5. Two additional Trustees to be appointed. No. LXXVI.(O. No. 172.) An Act to provide for the support of the State Lunatic Asylum. 1. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That it shall be the duty of the Trustees of the State Lunatic Asylum to present to the Governor, at least ten days before the annual meetings of the General Assembly, an exact estimate of the amount of money required for the support of the said Asylum for the succeeding year, and they shall set forth, under separate and distinct heads, a division, to-wit: Subsistence, clothing, fuel and transportation, salaries, wages, medical supplies, ordinary repairs and special improvements, the several amounts required for each of said departments of expenditure, and the Governor shall submit the same to the Legislature as data, upon which their appropriations may be made for the annual support of said institution; and said appropriations, or so much thereof as may be necessary, shall only be used for the division of expense for which it is estimated for, and no portion estimated for each department of expenditure shall be diverted to, or used for any other department of expenditure. Lunatic Asylum, estimate for support of. Shall specify, what. To be submitted to Legislature. Appropriations to be used, how. 2. Sec. II. That it shall be the duty of the Steward and Treasurer, or either of them, to present the Governor, with each quarterly

Page 60

application for funds from the treasury, an exact itemized account of his expenditures for the preceding quarter, accompanied with a duplicate voucher for the sums disbursed by him for the said preceding quarters. Duties of Steward and Treas. 3. Sec. III. That the offices of Treasurer and Steward of the Asylum shall be separate and distinct hereafter, and no two offices pertaining to said institution or its government shall be held by one and the same person. Offices of Steward and Treasurer, no one shall hold both. 4. Sec. IV. That the annual salary of each Trustee shall be three hundred dollars in full of all allowances and expenses, and the same may be paid, one-half every six months, upon Executive warrant therefor. Trustees, salaries of. 5. Sec. V. That from and after the passage of this Act, the Governor be authorized to appoint two additional Trustees, who shall hold their office for two years, and every two years thereafter it shall be the duty of the Governor to appoint five Trustees for the government of said institution. Additional trustees. Sec. VI. Repeals conflicting laws. Approved February 21st, 1873. TITLE X. PUBLIC DEBT. Section. 1. Half proceeds of Western and Atlantic Railroad to be used in paying off debt. Section. 2. How said proceeds are to be used. 3. Record of purchased bonds. 4. Disposition of purchased bonds. No. LXXVII.(O. No. 73.) An Act to provide for paying off the Public Debt of this State, and to designate and set apart a certain fund for that purpose, and to prescribe the mode of using the same for such purpose. 1. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That from and after the passage of this Act, the one-half of the proceeds or net income which the State shall from time to time derive from the Western and Atlantic Railroad, either as rental from the present lesses or in whatever form it may be derived from said road, shall be used exclusively for the purpose of paying off the public debt of this State, which shall be used for said purpose in the manner hereinafter prescribed: Provided , the said half of said proceeds or net income so to

Page 61

be used shall be the half not now appropriated to the support of the common schools, and provided, further, that no part of said proceeds or net income which has been so appropriated to the support of common schools shall be used or appropriated to any other purpose. Proceeds of W. A. R. R., onehalf for public debt. Proviso. 2. Sec. II. That so soon as the sum of twenty-five thousand dollars shall be paid into the treasury of the State, from the proceeds or net income of said road, not appropriated to the support of the common schools, it shall be the duty of the Treasurer, under the direction of the Governor, to use said twenty-five thousand dollars in the purchase of the legal, valid and recognized bonds of this State, which said bonds shall be purchased at the lowest cash price at which they could be had in the market of the country; and each successive twenty-five thousand dollars shall be so paid into the treasury, from said net income as aforesaid, it shall be used in the purchase of the legal, valid and recognized bonds of this State, in like manner as heretofore prescribed for the use of the first twenty-five thousand dollars. Treasurer to purchase legal bonds, when. 3. Sec. III. That it shall be the duty of the Treasurer of the State to keep a book in which he shall enter the date and amount of each bond purchased, the time when the same shall be due, the time when purchased, from whom purchased, and the price paid. Record of bonds purchased. 4. Sec. IV. That as each five thousand dollars or more of said bonds shall be purchased they shall be returned to the Treasury of the State, and shall there be canceled or destroyed in such manner as is prescribed by law for canceling the bonds of this State which are paid off and discharged. Cancellation of purchased bonds. Sec. V. Repeals conflicting laws. Approved February 19th, 1873.

Page 62

TITLE XI. PUBLIC SCHOOLS. Section. 1. What shall constitute public school fund. 2. Additional amounts to be added by issuing bonds in place of those canceled or destroyed, etc. Section. 3. Bonds so issued to remain in treasury, interest to be paid to school fund. No. LXXVIII.(O. No. 88.) An Act to provide a Public School Fund, for the people of this State, and for other purposes therein named . 1. Sec. 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 public school fund of this State shall be raised as follows, to-wit: All the poll tax which shall be levied and collected in this State, and all the tax on liquors, and on shows and exhibitions, and such other means or moneys as now, by law, belong to the school fund, one half of the proceeds of the Western and Atlantic Railroad, and such other sums of money as the Legislature shall, from time to time, raise by taxation or otherwise, for that purpose, shall constitute a fund which shall be used for the support of the public schools of this State. Public school fund, what to consist of. 2. Sec. II. That, in addition to the provisions made in the first section of this Act for the support of the public schools of this State, the following described amounts shall be added thereto: Whenever any of the legal bonds of this State shall be purchased by the State or its authority, and shall be returned to the treasury and canceled or destroyed; and whenever any of the bonds of the State shall be paid off, (except bonds which are paid off, out of moneys raised by the sale of new bonds or bonds exchanged for new bonds,) it shall be the duty of the Governor to issue the bonds of this State in the same amount as shall be so paid off or purchased and canceled, which said new bonds shall be payable to the school fund of this State, and shall be added to and constitute a part of said school fund, and the bonds thus issued and made payable to the school fund, shall bear seven per cent. interest, payable semi-annually, and shall be due one hundred years after the date thereof. Certain bonds of the State to be issued for benefit of school fund. 3. Sec. III. That the said bonds which shall be issued, payable to the school fund of the State, as provided for in the second section of this Act, shall not be sold or disposed of by the State, but shall be deposited in the treasury of the State, where they shall remain during the term for which they are to run till they become due; and as

Page 63

the interest falls due, it shall be used for the purpose of supporting the public schools of this State, and for no other purpose. Bonds to be deposited in treasury. Interest only to be used. Sec. IV. Repeals conflicting laws. Approved February 19th, 1873. TITLE XII. RAILROAD COMPANIES. Section. 1. Railroad Companies may transport live stock on Sundays, when. Section. 2. Liability of non-resident Railroad Companies for tax defined. No. LXXIX.(O. No. 151.) An Act to authorize Railroad Trains, having Live Stock thereon, to run on the Sabbath day to some point where said animals can be fed and watered . 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, whenever any train on any railroad in this State, having in such train one or more cars loaded with live stock, which train shall be delayed beyond schedule time, shall not be required to lie over on the line of road or route during Sunday, but may run on to the point where, by due course of shipment or consignment, the next stock pen on the route may be, where said animals may be fed and watered, according to the facilities usually afforded for such transportation. Live stock, railroads may transport on Sunday, when. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. Note.See Code, section 4492. No. LXXX.(O. No. 253.) An Act to define the liability of Non-resident Railroad Companies for Taxes . 2. Section I. Be it enacted by the General Assembly of the State of Georgia , That all railroad companies located in other States, and having a terminus or any part of its road in this State, shall be taxed as follows: If such railroad companies have a terminus in this State, they shall be liable to pay taxes on all its property in this State, except

Page 64

upon its right-of-way and track, including bridges; and, if having no terminus in this State, such railroad company shall pay a tax upon its net earnings as railroad companies of this State, in the proportion that the length of the road in this State bears to the whole length of said road: Provided , if, in any case, the tax upon its net earnings shall amount to a greater sum than a tax upon its property, then said company shall pay the tax on its earnings. Non-resident railroad companies, liability of, for taxes. Sec. II. Repeals conflicting laws. Approved February 24th, 1873. TITLE XIII. TAXES. Section. 1. Amount of tax to be raised. 2. Specific taxes. 3. Railroad companies. 4. Insurance companies. 5. Oath of tax payers. 6. Taxes to be paid in United States currency. 7. Section 796, Code, not repealed. 8. No professional taxes to be assessed for county or corporation purposes. 9. Shares in National Banks. 10. When returns shall be made. Section. 11. When tax shall be collected. 12. Stock or shares in banks. 13. Property of blind persons. 14. Peddlers of stoves. 15. Iron furnaces and manufacturing of iron exempt from taxation. 16. Municipal corporations may not levy or collect on cotton. 17. May not tax farm products. 18. Factors nor commission merchants can include or collect such tax. 19. Tax on wild lands. No. LXXXI.(O. No. 111.) An Act to levy and collect a Tax for the support of the Government for the year 1873, and for other purposes . 1. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That his Excellency the Governor is hereby authorized and empowered, with the assistance of the Comptroller General, to proceed to assess and levy such a per centage on the taxable property as will produce, in the estimation of the Governor, the sum of one million dollars, exclusive of specific taxes: Provided , such per cent. so levied and assessed shall not exceed four-tenths of one per cent. for general purposes. Taxable property, assessment of percentage on. Proviso. 2. Sec. II. That in addition to the ad valorem tax on real and personal property, as required by the Constitution, and assessed in the preceding section, the following specific taxes shall be levied and collected. 1st. Upon every keeper of a skating rink, the sum of

Page 65

fifty dollars. 2d. Upon every practitioner of law, physic and dentistry, ten dollars. 3d. Upon every daguerreian, ambrotype and photographic and similar artists, fifteen dollars. 4th. Upon every person carrying on auctioneering, twenty-five dollars. 5th. Upon every keeper of a pool or a billiard table, kept for public play, twenty-five dollars for each table. 6th. Upon every keeper of a bagatelle table, for public play, twenty-five dollars for each table. 7th. Upon every keeper of a ten-pin alley, or alley of like kind for public play, twenty dollars. 8th. Upon every keeper of any other table, stand or place, or any game or play, with or without a name, unless for exercise or amusement, not prohibited by law, ten dollars. 9th. That all vendors of any patent medicine, liniment or other article of like character, (except regular merchants and druggists,) shall be liable to a tax of fifty dollars for each county in which they may peddle. And every individual, company or corporation selling, or causing to be sold any malt liquors in this State by wholesale, shall pay the sum of two hundred and fifty dollars as a license tax for each county in which he or they may have an office or agency for such sale. 10th. That each and every male inhabitant of this State, on the first day of April, between the ages of twenty-one and sixty, shall pay a tax of one dollar for educational purposes. 11th. That all sleight-of-hand performers or magicians shall pay the sum of twenty-five dollars for each and every performance in each and every county where they may exhibit, to the county Tax Collector. 12th. That all circus companies shall pay one hundred dollars for each day they may exhibit in cities containing a population over ten thousand, and fifty dollars in cities containing a population between five and ten thousand, and twenty-five dollars in all towns or other places with a population under five thousand. 13th. That all shows or exhibitions, except for literary or charitable purposes, in this State, shall pay the sum of twenty-five dollars in each and every county where they may exhibit: Provided , that this shall not apply to histrionic, dramatic and other performances usual in theatres. 14th. That a tax of ten dollars upon all agents of life and fire insurance companies, home or foreign, who do business in any county of this State; also, a specific tax of twenty-five dollars upon all agents for the sale of sewing machines of home or foreign manufacture, in each county in which such agents shall vend such machines. 15th. On any person or company failing or refusing to pay the tax on shows and exhibitions, required by this Act, it shall be the duty of the Tax Collector in each and every county, and he is hereby required to issue an execution against said person or company so failing or refusing to pay said tax on shows or exhibitions, to be directed to and levied by any sheriff or constable of said county, upon any and all of the property that may be found and belonging to said person or company, and all money so collected shall be paid into the treasury of the State for educational purposes. Tax on skating rinks. Lawyers, doctors and dentists. Daguerreian, ambrotype and photographic artists. Auctioneers. Keepers of billiard tables. Bagatelle tables. Ten pin alleys. Vendors of patent medicines, etc. Malt liquors. Poll tax. Magicians. Circus companies. Shows and exhibitions. Life and fire insurance agents. Sewing machine agents. Defaulters, how dealt with. 3. Sec. III. That all railroad companies incorporated in this State shall pay an annual tax of one per cent. on their net earnings. Railroad companies.

Page 66

4. Sec. IV. That all home and foreign insurance companies doing business in this State shall pay one per cent. on all premiums in money or otherwise received by them: Provided , that when a home insurance company pays its tax on capital stock it shall pay no tax on its premiums. And all agents of express companies from other States, doing business in this State, shall pay a tax of one per cent. on the gross amount of their receipts at their offices in this State, to be given in and paid as in succeeding sections. And that all domestic express companies doing business in this State shall pay an annual tax of one-half of one per cent. on their respective incomes: Provided , that the taxes assessed by the above section on insurance companies are subject to modification by subsequent legislation of the General Assembly. Insurance companies. Express companies. 5. Sec. V. That the oath to be administered to all persons making returns of their taxable property, shall be in the words following: You do solemnly swear that you will true answers give to all lawful questions which I may put to you, touching the return that you are about to make, and that you will make a true return of all your taxable property, at its market value, on the first day of April preceding, to the best of your knowledge and belief, so help you God. And it shall be the duty of the officer receiving such return to inquire of each and every person taking said oath, touching all of his taxable property and the market value of the same, and his liability for specific taxes, as named in this Act, and to propound the questions which may be published by the Comptroller, under the law, for the purpose of eliciting full and true tax returns. Oath of tax payers. Duty of Tax Receiver. 6. Sec. VI. That all taxes assessed under this Act shall be collected in United States currency, and the value of the property on the first day of April next shall be the basis of the taxes. Taxes in U. S. currency. 7. Sec. VII. That nothing in this Act shall be so construed as to repeal or affect section 796 of the Revised Code of Georgia, exempting certain property from taxation: Provided, however , that all plantation tools, and also all mechanical tools over the value of three hundred dollars shall be subject to taxation, ad valorem . Section 796 Code not repealed. 8. Sec. VIII. That no assessment shall be made for corporation or other county purposes on the specific taxes herein imposed on practitioners of law, physic and dentistry: Provided , this section shall apply to all who practice and charge for the same. No assessment for corporation purposes on certain specific taxes. 9. Sec. IX. That all shares in any national bank in this State shall be given in by the individual or corporation owning the said shares, which shall be taxed as other property of this State of like character. National bank shares. 10. Sec. X. That the Comptroller General is authorized and empowered to order the Tax Receivers of this State to commence receiving the returns of taxable property immediately after the first day of April of the year 1873. Tax Receivers may begin, when. 11. Sec. XI. That the Comptroller General is empowered and required to cause the taxes to be collected by the fifteenth of December next. Taxes to be collected by 15th December.

Page 67

12. Sec. XII. That all owners of stock, or shares or bonds in any incorporated company in this State, shall give in the stock, shares or bonds owned by them, in their own right, or held in trust for any other person or persons in the county where such individual resides, which shall be subject to be taxed for county purposes, as other property of this State of like character, unless the same is exempt under the charter of the incorporated company in which such shares, stock or bonds are held, or otherwise exempt from taxation by any law of the State. Stock, shares or bonds. 13. Sec. XIII. That real and personal property to the amount of and not exceeding four thousand dollars, belonging to individual citizens of this State who are totally blind, shall be and is hereby exempt from taxation. Property of blind persons. 14. Sec. XIV. That all peddlers of stoves in this State shall pay a tax of twenty-five dollars for each county in which they may peddle. Peddlers, tax on. Sec. XV. Repeals conflicting laws. Approved February 20th, 1873. No. LXXXII.(O. No. 89.) An Act to extend the provisions of an Act to encourage the Manufacture of Cotton and Woolen Fabrics in the State of Georgia, approved August 27 th , 1872, to iron furnaces and the manufacturing of iron . 15. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the provisions of the above recited Act shall apply to iron furnaces and the manufacturing of iron. Iron furnaces and manufacturing of iron exempt from taxation. Sec. II. Repeals conflicting laws. Approved February 19th, 1873. Note.See Acts of 1872. No. LXXXIII.(O. No. 307.) An Act to protect Agricultural Products from Taxation by Municipal Corporations and from charges for same by factors and commission merchants in this State . 16. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, municipal corporations of this State shall not levy or assess a tax on cotton or the sales thereof. Agricultural products.

Page 68

17 Sec. II. That municipal corporations of this State shall not levy or assess a tax on any agricultural products raised in this State, or the sales thereof, (other than cotton,) until after the expiration of three months from the time of their introduction into said corporations. Municipal corporations may not tax. 18. Sec. III. That no commission merchant, factor or other salesman in this State shall, in his bill of expenses for the sale or handling of cotton or other produce as aforesaid, include or collect, directly or indirectly, any tax or assessment levied or attempted to be levied upon the sales of cotton and other produce by any of said corporations, in violation of the provisions of the first and second sections of this Act; and in case of violation of the same, he shall be liable, to the party damaged by such violation, in the sum of fifty dollars for every dollar so collected, in an action of debt by said party. Commission merchants or factors, may not collect tax. Liability for violating this Act. Sec. IV. Repeals conflicting laws. Approved February 24th, 1873. No. LXXXIV.(O. No. 311.) An Act to provide for return and payment of Tax on Wild Land. 19. Section I. Be it enacted by the General Assembly of the State of Georgia , That all persons owning wild lands may return the same as other taxable property to the Ordinary of the county in which they reside, who shall, after receiving such return on oath, certify the same to be true and correct, and forward them to the Tax Receiver of the county where such wild lands are situated; as soon as such Receiver receives this return, he shall enter the same on his tax digest. When the amount of State and county tax is assessed upon such wild land, the Tax Receiver aforesaid shall at once forward a certified list of the same to said Ordinary for collection. Such Ordinary shall give proper public notice of their receipt of such tax lists, and then proceed to collect the same, and when collected, forward the same to the Tax Collector of said county where the lands are situated, reserving for his trouble and expense ten per centum on the amount so collected. If such wild lands are not returned, or returned and the taxes thereon not paid for two years, then they shall be levied on and sold for the taxes due on the same, in the county where the lands are situated. Wild lands, how returned for taxation. Payment of taxes on. Sec. II. Repeals conflicting laws. Approved February 24th, 1873.

Page 69

TITLE XIV. TELEGRAPH COMPANIES. Section. 1. May construct lines on railroad right of way. Section. 2. Fixtures, posts, etc. 3. Compensation for right of way. No. LXXXV.(O. No. 2.) An Act to empower and authorize Telegraph Companies in this State to construct, maintain and operate their lines upon the right of way of the several Railroad Companies of 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 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 lines may be constructed on railroad, right-of-way. 2. Sec. II. 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 or 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. Posts and fixtures, where to be erected. Companies liable or damages, when. 3. Sec. III. That whenever any person or telegraph company may hereafter propose to construct a telegraph line upon the right of way of any railroad company, or have heretofore constructed in whole or in part a telegraph line upon the right of way of any railroad company, and the amount of compensation for the right of way so taken, and cannot be agreed upon between the said person or telegraph company and the railroad company, the said amount shall be determined as follows: The railroad company shall select one commissioner, and the person or telegraph company constructing, or about to construct such telegraph line, shall select another, and these two shall select a third, and the three persons thus selected, or a majority of them, shall determine said amount, and the same shall be paid by the person or telegraph company to the railroad company. The award of said commissioners shall be returned by them within ten days after the making of the same to the Superior Court of the county wherein is situated the principal office of said railroad company, and shall, upon motion, be made the judgment of said Court, upon which judgment execution may issue against the property of said person or telegraph company: Provided , that either party may, upon notice to the opposite party within ten days after the rendering of said award

Page 70

file in said Superior Court objections to the same, and upon said objections an issue shall be made up and the same be tried and determined at the first term by the Court and jury as in other cases at law: And provided further , that in all cases where an appeal shall be taken from the award of said commissioners, and the said person or telegraph company shall have tendered to the railroad company the amount of said award, the said person or telegraph company shall be authorized to proceed in the construction of said telegraph line upon the right of way of said railroad, upon giving to the said railroad company bond, with good security, in an amount to be fixed by the Judge of said Court, for the payment of the amount which may be awarded by the jury upon trial of said appeal. Compensation for use of right-of-way, how to be determined. Proviso. Approved January 28th, 1873. TITLE XV. VOLUNTEER COMPANIES. Section. 1. Governor may distribute arms, in his discretion. Section. 2. May require bonds from companies receiving arms. No. LXXXVI.(O. No. 265.) An Act to alter and amend an Act entitled an Act to regulate the distribution of arms to Volunteer Companies, approved August 24 th , 1872. 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 from and after the passage of this Act, the Governor of the State shall have power to make such distribution of arms as he now has, or may hereafter receive, among the military organizations now in existence, or to be hereafter formed, as, in his judgment, may be most conducive to the public interest. Arms, Governor may distribute. 2. Sec. II. That, in all cases, before arms are furnished to any company, it shall be the duty of 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. Faithful keeping of. Sec. III. Repeals conflicting laws. Approved February 22d, 1873.

Page 71

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

Page 73

TITLE I. CORPORATIONS. Division I.BANKS AND BANKING COMPANIES. Division II.CANAL COMPANIES. Division III.CITIES AND TOWNS. Division IV.IMMIGRATION COMPANIES. Division V.INSURANCE COMPANIES. Division VI.MANUFACTURING COMPANIES. Division VII.MILITARY COMPANIES AND ORPHANS' HOME. Division VIII.MINING AND ARTIFICIAL STONE COMPANIES. Division IX.RAILROAD COMPANIES. I. BANKS AND BANKING COMPANIES. No. Act. 87. Atlanta Savings Bank of Georgia and Gainesville Savings Bank. 88. Bank of Americus. 89. Bank of the University of Athens. 90. Brunswick Banking Company. 91. Brunswick Loan and Savings Bank. 92. Brunswick Loan and Savings Bank. 93. Central Railroad Banking Company. 94. Cherokee Banking and Trust Company of Georgia. 95. Darien Banking Company. 96. Eatonton Bank. 97. Farmers' Mutual Loan and Banking Company of Covington. No. Act. 98. Geneva Savings Bank. 99. Georgia Railroad Banking Company. 100. Georgia Savings Banking Company and Citizens' Loan Trust Company of LaGrange. 101. Macon Bank and Trust Company. 102. Manufacturers' Bank of Augusta. 103. Merchants' and Mechanics' Bank of Columbus. 104. Planters' Loan and Savings Bank. 105. Real Estate Savings Bank of Stone Mountain. No. LXXXVII.(O. No. 28.) An Act to incorporate the Atlanta Savings Bank of Georgia and the Gainesville Savings Bank. 1. Section I. Be it enacted by the Senate and House of Representatives of the State of Georyia, in General Assembly met, and it is hereby enacted by authority of the same , That S. B. Hoyt, W. B. Cox, W. J. Garrett, S. W. Inman, J. S. Oliver, John Neal, Samuel and R. H. Richards, together with such other persons as are

Page 74

now or may hereafter be associated with them, shall be and they are hereby constituted and made a body politic and corporate, by the name of the Atlanta Savings Bank of Georgia, with their office in the city of Atlanta, provided that the capital stock of said bank shall not exceed the sum of five hundred thousand dollars, in shares of one hundred dollars each; and provided, further , that this Act shall not have the force of law until fifty thousand dollars of the capital stock of said bank shall have been paid in, and satisfactory evidence funished to the Comptroller General. Corporators. Corporate name. Capital stock. Shares. This Act to have force of law, when. 2. Sec. II. That the said corporation shall have power and authority to receive deposits and to invest the same, their capital stock and other funds in bank or other stock, in the purchase of bonds or stocks of this or any other State of the United States, or of the United States, or municipalities; to buy and sell gold and silver; to lend money on unencumbered real estate, in amounts not beyond sixty per cent. of its actual value. And the said corporation shall have power and authority to have, use and keep a common seal, and the same to alter at will; to sue and be sued; to plead and be impleaded in any Court of law or equity in this State; and to have and enjoy all and every right, privilege, power and franchise incident and belonging to incorporate bodies, so far as necessary for the full enjoyment of the rights and franchises granted by this Act; and shall be capable of taking, holding and disposing of their capital stock, according to such rules and regulations as they shall, from time to time, establish; and also, taking, holding, dividing, disbursing of or investing the increased profits or emoluments of their said capital stock; and shall have the right and power to acquire, purchase, take and hold in their corporate name, lands and real estate; and the same to demise, grant, sell, assign, exchange and convey, in fee-simple or otherwise. General powers. 3. Sec. III. That the business and property of such corporation shall be managed and controlled by a board of directors, of not more than seven nor less than five, who shall be annually elected by the stockholders, on the first Wednesday in January, of each year. Said directors so elected shall elect one of their number president, and appoint a cashier and all other officers and clerks necessary for the transaction of their business. And the said directors shall have power and authority to make rules and by-laws, not repugnant to the laws of the land, and to modify and amend such rules and by-laws at pleasure. And special meetings of the stockholders shall be held whenever called for by the holders of at least one-third of the shares of the capital stock subscribed: Provided , that a notice, signed by the stockholders calling said meeting, be advertised in a newspaper published in the city of Atlanta, at least one week prior to the time of such proposed meeting, or provided written notice shall be given to all of the stockholders at least five days before such meeting. A representation of a majority of the entire stock by the holders or their proxies shall be requisite to constitute a quorum at any and all meetings of the stockholders, and at all such meetings

Page 75

each share shall entitle the holder to one vote. Absent stockholders may vote by agents, or proxies, producing proper written authority therefor. The said stockholders shall, at the first meeting when a quorum is present, elect their directors. Their president and other officers of the bank shall be elected or appointed by said directors. President and directors, annual election of. Cashier and other officers. Rules and by laws. Special meetings of stockholders. Proviso. Quorum. Stockholders may vote, how. 4. Sec. IV. That the said corporation shall have full power to enforce upon their members the due observance of all rules and by-laws for the good government and management of the affairs of said corporation, and for the increase of the capital stock of the same under such penalties as, in and by the said rules and by-laws, shall be limited and appointed; and to this end, if need be, shall and may institute and maintain in their corporate names against any one or more of their number all the necessary suits, actions and pleas, either at law or in equity, for the recovery of any sum or sums of money to the use of said corporation, in as ample a manner as such suits might be maintained against persons not members of said corporations. Rules and by-laws, corporation may enforce. 5. Sec. V. That the said bank shall be liable to its creditors to the extent of its property; and each stockholder shall be individually liable for all debts of said bank contracted while he is a stockholder, in proportion to the amount of stock held or subscribed for by him. Liabilities of bank and stockholders. 6. Sec. VI. That the said corporation shall have power to buy and sell, exchange and to loan money on notes or drafts secured by good indorsers or collateral security. When any deposit is made by any person being a minor, the said corporation shall pay to such depositor such sums as may be due him, whether he have a guardian or not. In the transaction of the business of the incorporation, it may be lawful to charge commissions such as may be agreed upon between the parties. This Act shall be deemed a public Act, and shall be judicially taken notice of without special pleading, and the charter hereby granted shall continue and be in force thirty years. Corporation may buy and sell stock, loan money, etc. May charge commissions. This Act public. 7. Sec. VII. That Allen D. Candler, Hugh Atkins, W. F. Hooker, John B. Estes, Peter F. Lawshe, J. L. Chapman, John McCants, R. E. Green, Warren A. Brown, Jordan Whelchel and their associates and successors be and they are hereby created a body politic and corporate, under the name and style of the Gainesville Savings Bank, with principal office to be located at Gainesville, Georgia, and with all the powers and privileges given in this Act to the Atlanta Savings Bank of Georgia, and subject to the same restrictions and liabilities, except that the capital stock of said bank shall be twenty-five thousand dollars, with the privilege of increasing the same to fifty thousand dollars; and that said Gainesville Savings Bank may commence operations when the sum of ten thousand dollars has been actually paid in, and that all notices of the meetings of the stockholders of said company shall be published in some paper published in Gainesville. Corporators. Gainesville Savings Bank. May enjoy privileges of this Act. Exceptions. Sec. VIII. Repeals conflicting laws. Approved February 14th, 1873.

Page 76

No. LXXXVIII.(O. No. 100.) An Act to amend an Act to incorporate the Bank of Americus, in the city of Americus, Georgia, approved October 26 th , 1870. 8. Section. I. The General Assembly of the State of Georgia do enact , That the third (3d) section of the Act to incorporate the Bank of Americus be so amended as to provide for and authorize the election of nine (9) directors, at the time and place and in lieu of the five (5) directors authorized and provided for in the original Act, and that this amendment shall take effect from and after the first Wednesday in October next. Nine directors to be elected. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. LXXXIX.(O. No. 25.) An Act to incorporate the Bank of the University, at Athens, Georgia . 9. Section I. Be it enacted by the General Assembly of the State of Georgia , That Ferdinand Phinizy, Stevens Thomas, Young L. G. Harris, John W. Nicholson, William L. Mitchell, Robert Thomas, John A. Hunnicut, George W. Center, James D. Pittard, John C. Pitner, Frederick W. Lucas, Julius Cohen and James S. Hamilton, be and they are hereby appointed commissioners to open books of subscription to the capital stock of the company by this Act to be incorporated and located in the city of Athens, in this State, to be called the Bank of the University. Said commissioners, or any two of them, are hereby authorized to keep open said books for such time as they may think proper, in the city of Athens, and receive subscriptions to the stock of said company in shares of one hundred dollars each; all such subscriptions shall be binding upon the subscribers respectively, and their heirs and legal representatives, and be payable at such times and in such installments as the board of directors of said corporation shall prescribe. Corporators. Books of subscription. Corporate name. Shares. 10. Sec. II. That the capital stock of said bank shall be one hundred thousand dollars, with the privilege of increasing the same to two hundred thousand dollars, divided into shares of one hundred dollars each; and that when the said capital of one hundred thousand dollars shall have been subscribed, and fifty per centum of the same paid in to said commissioners, then the subscribers shall be and become a body corporate and politic, with continued succession under the name of the Bank of the University, and by that name shall exercise corporate powers, and be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in any Court having jurisdiction in the subject-matter involved, and shall be capable

Page 77

of receiving, purchasing, holding, owning and using property of every description, and of aliening, conveying, leasing, mortgaging, or other-otherwise disposing of the same, in any manner that a natural person might lawfully do. Said corporation shall have power to make and use, renew and alter at pleasure, a corporate seal, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said corporation not inconsistent with the laws of this State and of the United States. Capital stock. General powers. Seal. 11. Sec. III. That when the commissioners who may act to receive subscriptions, as provided for by the first section of this Act, shall have received fifty thousand dollars in cash on account thereof, they shall cause notice to be given to the subscribers by advertisement in one of the newspapers published in the city of Athens, two consecutive weeks prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place to be designated in the publication to organize and elect a board of directors. On the assembling of the subscribers, or such of them as may choose to attend, the commissioners who may act shall proceed to hold an election, by ballot, for such number of directors of the company as the subscribers present at such meeting shall determine; and no person shall be a director of such company who shall not be a stockholder to the extent of twenty shares or more. All stockholders, at all elections of the company, and in all matters pertaining to the interest of the company, acted on in convention, shall be entitled to one vote for every share of stock owned, and may vote in person or by proxy in writing. Executors and administrators shall be entitled to control the vote to which the testator or intestate would be entitled if living, and the stock of minors will be represented by their guardians; that the commissioners who may act, (any two or more named in the first section of this Act,) shall be judges of the first election of directors, and shall receive and count the votes and ascertain the result and certify accordingly; and the certificate of two or more of said commissioners who may act shall be sufficient evidence of the election of persons declared by them to be elected. After the election of said directors the commissioners shall deliver to the board of directors chosen all moneys and credits in their hands, and the subscription book to the stock of said company, and an account of all their actings and doings as such commissioners, whereupon their functions shall cease. Directors to be chosen, how. Stockholders to vote, how. Executors and administrators may control vote of intestates. Stock of minors, guardians to control. Election of directors, who to manage. Money, etc., to be turned over to directors. 12. Sec. IV. That the first and all subsequent boards of directors shall be elected to serve one year, or until the election of their successors, and each board shall choose one of their own members as president of the company, and shall be so styled, and shall hold the office of president, who shall act as president until the election of his successor. Every board of directors shall have power to fill all vacancies which may occur in the office of director or president. Term of office of directors. President. Vacancies, how filled. 13. Sec. V. The board of directors shall consist of five members: Provided , that the company, at any meeting held for the election of directors, may, by vote, enlarge or diminish the number for the current

Page 78

year. A majority of directors at the time of meeting, including the president or president pro tempore , shall constitute a board for all purposes, which shall have power to enact all by-laws which may be deemed necessary and proper for the business of the company, and may amend and repeal the same, and may exercise all the powers granted by this Act to the company to be organized under it; and may confer on the president and other officers to be appointed, such powers as may be deemed proper and consistent with this Act; and may appoint all such officers and agents as the board may deem necessary and proper for the business of the company, and to fix the rate of their salaries or compensation, and may require of any officer or agent appointed by the board, such bond and security as may be deemed proper to secure a faithful discharge of duty and trust of officers or agents, and may declare and pay, or cause to be paid to stockholders, at such times and manner as they may think proper, dividends from the earned profits of the company: Provided, always , that the stockholders, in convention, shall have the right to increase or diminish the power conferred on the board of directors, and to repeal, alter or amend any by-laws or regulations which may be enacted or established by the board of directors. Quorum. By-laws. Officers and agents. Salaries. Bonds of officers. Dividends. Power of directors may be diminished. 14. Sec. VI. The board of directors shall have power from time to time, to prescribe and regulate the manner in which the stock or certificate of stock may be transferred; but no transfer or assignment of stock shall operate to release the subscriber from any obligation to the company within six months from date of such transfer or assignments, and not then without the express agreement or consent of the board of directors. Certificate of stock transfer of. 15. Sec. VII. 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 amount of indebtedness for subscription to stock of such defaulting subscriber by bringing suit therefor in any Court of competent jurisdiction, or the said stock belonging to such delinquent, may, by resolution of the board of directors, be sold, in which case the portion previously paid in shall be forfeited to the company. Defaulting subscribers, how dealt with. 16. Sec. VIII. That any number of the stockholders of said company who own or represent at the time one-quarter of the actual capital stock may, by giving twenty days' notice thereof in at least one of the newspapers published in the city of Athens, call a meeting or convention of all the stockholders of the company at such time and place in the city of Athens as may be in said call designated; but no act of the stockholders in convention, except the election of directors, shall be valid or binding on the company unless a majority of the stockholders shall be represented. Stockholders, meetings of, may be called how. 17. Sec. IX. That the said corporation shall have power and authority to receive deposits and issue certificates for the same, paying

Page 79

such rate of interest as may be agreed upon, and under such rules and regulations as said corporation may establish. Deposits and certificates of. 18. Sec. X. That said corporation shall have power to receive money on deposits, paying therefor such interest as may be agreed upon; to loan and borrow money, to take and give therefor such securities as may be considered best; to invest its funds upon such terms as may be deemed best, and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and do all other acts it may deem advisable for the safe keeping and secure and profitable investment of its funds. Bank may receive deposits, etc. 19. Sec. XI. 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 advancements 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 borrower shall notify the cashier of the bank by commencing suit within six months after the payment of the extra interest, for the recovery of the same. General powers. Proviso. 20. Sec. XII. That the said corporation may establish branches or agencies in such cities and towns as the directors shall determine, for the transaction of business, which shall, at all times, be under the direction of the board of directors. Branch agencies. 21. Sec. XIII. That the said company shall be responsible to its creditors to the extent of its property, and 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. Liabilities of company and stockholders. 22. Sec. XIV. The said Bank of the University shall make, annually, to the Governor of the State, a correct and sworn statement of their affairs. Annual statements. 23. Sec. XV. That this Act, and all the privileges and powers herein granted, shall continue in force for the term of thirty years, from and after the organization of the company which may be organized

Page 80

under this Act, and the property funds and business transactions of said company, during its existence, shall be subject to the same rate of taxation as is, or may be, imposed by law on money or property of the same kind, and similar business transactions of individuals, like corporations or citizens of this State. Charter to run 30 years. Sec. XVI. Repeals conflicting laws. Approved February 14th, 1873. No. XC.(O. No. 316.) An Act to incorporate the Brunswick Banking Company. 24. Section I. Be it enacted by the General Assembly of the State of Georgia , That John R. Cook, John L. Harris, Warren A. Fuller, John T. Collins and Gustavus Friedlander, of Georgia, and William R. Grace, Joseph Spinney and Wilson Godfrey, of New York, together with such other persons as are now or may hereafter become stockholders in such corporation, shall be and are hereby created a body politic and corporate, by the name and style of the Brunswick Banking Company, and shall have perpetual succession, and by that name shall and may sue and be sued, plead and be impleaded, defend and be defended, shall have and use a common seal, and they shall have such powers as are herein set forth. Corporators. Corporate name. General powers. 25. Sec. II. That the capital stock of said company shall be one hundred thousand dollars, divided into shares of one hundred dollars each, with power to said company to increase the same to any amount not exceeding three hundred thousand dollars, and, when there has been fifty thousand dollars of said capital stock subscribed, and fifty per cent. of the amount subscribed actually paid in, in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. Organization and commencement of business, 26. Sec. III. 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 ninety days shall [Illegible Text] 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, how paid in. Proviso. 27. Sec. IV. 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

Page 81

company resulting therefrom, and any benefit which may result shall be refunded to said subscriber by the board of directors. Defaulting subscribers, how dealt with. 28. Sec. V. That the office of said Brunswick Banking Company shall be at Brunswick, Georgia, and they shall have the right to establish agencies in other cities, counties and States, as may be deemed advisable by them. The business of the company shall be managed by a board of nine directors, five of whom shall constitute a quorum to transact business, and they shall elect from their number a president and vice-president, who must always be stockholders. Such board of directors shall be elected at a general meeting of the stockholders of the company, at which a majority of the stock shall be represented, and the directors so elected shall hold their offices for one year, or until their successors are elected and qualified. The said John R. Cook, John L. Harris, Warren A. Fuller, John T. Collins, Gustavus Friedlander, Wm. R. Grace, Joseph Spinney and Wilson Godfrey shall be the directors of this company until the first annual meeting of the stockholderssuch meeting to be held as prescribed by the directors within thirty days after the organization under the by-laws, which they are hereby authorized and required to make, for the government of this company; but such by-laws shall not conflict with this charter or the laws of this State. Office of the company. President, vice-president and directors, how and when elected. Term of office. 29. Sec. VI. That the president and directors of this company shall, at their organization, elect a cashier, who shall be a stockholder, and may be a director, and who shall give bond in such terms and in such penal sum, conditioned for the faithful performance of his duties, as shall be satisfactory to said president and directors. Cashier. 30. Sec. VII. That the company shall have the right to receive money on deposit, grant receipts for the same, and issue in the transaction of business all necessary and usual certificates and contracts; to make advances on real 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 fulfilment 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 on 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: Provided, however , that nothing herein contained shall authorize this company 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 borrower shall notify the

Page 82

cashier of this bank, by commencing suit within sixty days after the payment of the extra interest for the recovery of the same. Company may receive deposits. May make advances. May acquire and hold property. May deal in bills of exchange, etc. May charge commissions. Rate of interest. 31. Sec. VIII. That this company shall, and are hereby authorized to act as trustees by appointment of any Court of this State. May act as trustees. 32. Sec. IX. That the Brunswick Banking Company shall make annually, to the Governor of the State and the stockholders of the company, a correct and sworn statement of their affairs. Annual statements. 33. Sec. X. That the said company shall be responsible to its creditors to the extent of its property; and 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. Liability of stockholders. 34. Sec. XI. That this charter shall go into effect immediately, and continue in full force and effect for the term of thirty years. Charter to run 30 years. Sec. XII. Repeals conflicting laws. Approved February 24th, 1873. No. XCI.(O. No. 236.) An Act to incorporate the Brunswick Loan and Savings Bank of Brunswick, Georgia. 35. 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 Newton S. Finney, Thomas L. Sneed, Oliver King, Charles E. Lewis, S. L. M. Barlow, W. F. Stewart, John Nichols and John E. DuBignon, of Georgia, and such other persons as may hereafter be associated with them and their successors and assigns, are hereby created a body corporate under the name of the Brunswick Loan and Savings Bank, and by that name have perpetual succession, and may sue and be sued in any Court whatever, with such powers and privileges as are hereafter provided. Corporators. Brunswick Loan and Savings Bank. General powers. 36. Sec. II. That the capital stock of said corporation shall not exceed one million of dollars, said stock to be divided into shares of one hundred dollars each, and when one hundred thousand of the said capital stock shall have been subscribed, and fifty thousand dollars of it in cash actually paid in, the said corporation may organize and proceed to business under this Act. Capital stock. Shares. 37. Sec. III. That said corporation shall have power to make advances for the purpose of developing the agricultural, mechanical, manufacturing, mineral and commercial resources of the country, in loans or mortgages on real or personal property, and by liens on crops to be raised. It shall also have power to receive deposits of money or 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

Page 83

charge and receive commissions on advances of money, and for negotiating loans, upon such terms and conditions as may be agreed upon, and such commissions or 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 the 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 or bills of exchange, or other evidences of debt of individuals or bodies corporate, and receive such compensation therefor as may be agreed upon between the parties. May make advances to develop agricultural, etc., resources. May buy and sell bonds, exchange, etc. May charge interest and commissions. May take mortgages, crop-liens, etc. May buy, hold or sell real or personal property. 38. Sec. IV. That said corporation shall have power to receive moneys in trust or on deposit, and to invest or accumulate the same at such rates of interest as may be obtained or agreed upon; shall have power to accept and execute all such trusts of every description as may be committed to it by any person or persons, or any corporation whatever, or may be committed or transferred to it by an order or decree of any Court, and shall have power to take or 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. May receive money in trust. 39. Sec. V. That any corporate bodies or joint stock companies, so desiring, be allowed to subscribe to or become stockholders in said corporation, and to exercise and enjoy all the rights and privileges accorded or belonging to individual subscribers or stockholders; and thus, aliens, or persons residing in foreign countries, or citizens of other countries, be and are hereby placed on the same footing with citizens of Georgia, so far as their interest in said corporation is concerned. Corporate bodies may be stockholders in this bank. Aliens, etc., may be. 40. Sec. VI. That W. F. Stewart, Oliver King and S. L. M. Barlow, or any two or more of them, shall and they are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such time and place and for such amounts as they shall deem proper; but for no less amount than one hundred thousand dollars, as herein provided. The board of directors of said corporation, consisting of not less than five 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

Page 84

commissioners, or any two of them, at such place and time as they may deem best. Books of subscription. 41. Sec. VII. That the said directors shall have power to establish agencies for the transaction of the business of 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 company, in accordance with the laws of Georgia, 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 of 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. Officers and agents. 42. Sec. VIII. That the minutes of the proceedings of the board of directors shall be kept, and the same entered in a book 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 stockholders may be indebted or liable to the said corporation. The stock of each stockholder shall always be bound for any debts matured or maturing; that the stockholders may owe or be liable for to said 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 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. Proceedings of board of directors to be recorded. Stockholders, liabilities of. 43. Sec. IX. 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 its surplus net profits of its business to its shareholders or their duly authorized attorneys, such dividends as they shall deem expedient. Debts and expenses. Dividends. 44. Sec. X. That any number of these 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 newspaper published in the city of Brunswick, call a meeting or convention of all the stockholders of the corporation at such time and place as may be in said call designated, but no act of the stockholders in convention, except the election of directors, shall be valid or binding on the corporation unless a majority of the stock shall be represented. Convention of stockholders, may be called, how. 45. Sec. XI. That the board of directors shall make semi-annual statements of said company on the first Wednesday in January and July of each year to its stockholders and to the Governor of the State,

Page 85

of all its debts, liabilities, assets, whatever, under oath of their president and cashier, before a Justice of the Peace or other authorized official, and such statement shall be kept in a book for that purpose for future reference. Semi-annual statements. 46. Sec. XII. That the property of said corporation of every description whatever shall be liable for the debts of the company, and 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. Property of corporation liable for debts. 47. Sec. XIII. That this Act shall take effect immediately after its passage, and shall continue in force for thirty years thereafter. Charter to run 30 years. Sec. XIV. Repeals conflicting laws. Approved February 22d, 1873. No. XCII.(O. No. 215.) An Act to incorporate the Brunswick Loan and Savings Bank, of Brunswick, Georgia. 48. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That Newton S. Finney, Thomas L. Snead, Oliver King, Charles E. Lewis and S. L. M. Barlow, of New-York, and W. F. Stewart and John E. DuBignon, of Georgia, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby created a body corporate under the name of the Brunswick Loan and Savings Bank, and by that name shall have perpetual succession, and may sue and be sued in any Court whatever, with such powers and privileges as are hereinafter provided. Corporators. Corporate name. General powers. 49. Sec. II. That the capital stock of said corporation shall not exceed one million dollars; said stock to be divided into shares of one hundred dollars; and when one hundred thousand dollars of the said capital stock shall have been subscribed and fifty thousand dollars of it in cash actually paid in, the said corporation may organize and proceed to business under this Act. Capital stock. Shares. Company may proceed to business, when. 50. Sec. III. That said corporation shall have power to make advances for the purpose of developing the agricultural, mechanical, manufacturing, mineral and commercial resources of the country, in loans or mortgages, on real or personal property, and by liens on crops to be raised; it shall also have power to receive deposits of money or 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 as may be agreed upon, and such commissions or interest may be made payable in money or in a share of the products or profits of the property given or pledged

Page 86

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 the 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 or personal or mixed property, and may cancel or assign the same. And said corporation shall have power to purchase, hold, sell or 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 or bills of exchange, or other evidences of debt, of individuals or bodies corporate, and receive such compensation therefor as may be agreed upon between the parties. May make advances, for what purpose. Mortgages and liens. May buy and sell stocks, bonds, etc. May charge commissions. Security for loans, etc. May hold property, etc. 51. Sec. IV. That 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 upon, or to allow such rate of 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 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 or 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 is hereby authorized to act as trustee, by appointment of any Court of the State, or by the election of any executor or executrix, trustee or trustees, or cestui que trust , or individual or individuals, for themselves 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 bank, pending such litigation, and bearing such rate of interest as may be agreed upon. May receive money in trust or on deposit. May execute trusts. May accept assignment, grant or transfer of property, etc. May act as trustee by appointment of Courts. 52. Sec. V. That any corporate bodies or joint stock companies so desiring, be allowed to subscribe to or become stockholders in said corporation, and to exercise and enjoy all the rights and privileges accorded or belonging to individual subscribers or stockholders, and that aliens or persons residing in foreign countries, or citizens of other countries, be and are hereby placed on the same footing with citizens of Georgia, so far as their interest in said corporation is concerned. Corporate bodies may hold stock in this company. 53. Sec. VI. That W. F. Stewart, Oliver King and S. L. M. Barlow, or any two or more of them, shall be and they are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such time and place, and for such amounts, as they shall deem proper, but for no less amount than one hundred thousand dollars, as hereinbefore provided. The board of directors

Page 87

of said corporation, consisting of not less than five 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 deem best. Books of subscription. Directors, by whom to be elected. 54. Sec. VII. That the said directors shall have power to establish agencies for the transaction of the business of 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 company, in accordance with the laws of Georgia, 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 of 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. Agents, officers and employees. Rules, regulations and by-laws. Seal. 55. Sec. VIII. That the minutes of the proceedings of the board of directors shall be kept and the same entered in a book and signed by the president or presiding officer of the board. Stockholders shall be entitled to certificates of their respective share of capital stock which shall be transferable as provided in said certificates, only that they cannot be transferred so long as the stockholders may be indebted or liable to the said corporation. The stock of each stockholder shall always be bound for any debts matured or maturing that the stockholder may own or be liable for to said 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 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 proceedings to be kept and signed. Stockholders bound for, what. Transfer of stock. 56. Sec. IX. 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 its surplus net profits of its business to its stockholders or their duly authorized attorneys, such dividends as they shall deem expedient. Debts and expenses. 57. Sec. X. That any number of these 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 newspaper published in the city of Brunswick, call a meeting or convention of all the stockholders of the corporation at such time and place 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 stockholders be represented. Convention of stockholders may be called, by whom.

Page 88

58. Sec. XI. 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 to the Governor of the State, of all the debts, liabilities, assets whatever, under oath of their president and cashier, before a Justice of the Peace or other authorized official, and such statements shall be kept in a book for that purpose for future reference. Semi-annual statements. 59. Sec. XII. That the property of said corporation, of every description whatever, shall be liable for the debts of the company, and each stockholder shall be liable for such debts contracted while he was a stockholder, in proportion to the number of shares of stock held or subscribed for by him. Liabilities of the company and of stockholders. 60. Sec. XIII. That this Act shall take effect immediately on its passage, and shall continue in force for thirty years thereafter. Charter to run 30 years. Sec. XIV. Repeals conflicting laws. Approved February 21st, 1873. No. XCIII.(O. No. 125.) An Act to increase the number of Directors of the Central Railroad and Banking Company of Georgia, and for other purposes therein named. Whereas, the recent union and consolidation of the Macon and Western Railroad Company with the Central Railroad and Banking Company of Georgia, under the name and charter of the latter company, has largely increased the capital stock and the number of stockholders of the said last-named company. Therefore Preamble. 61. Section I. Be it enacted by the General Assembly of the State of Georgia , That the number of directors of the Central Railroad and Banking Company of Georgia be and are hereby increased from nine to thirteen directors, of whom not less than eleven shall be citizens and residents of the State of Georgia. Directors, number of, increased. 62. Sec. II. That the four additional directors of said railroad company, herein and hereby authorized and provided for, shall be elected by the board of directors of said company now in office, and shall serve until the next annual election of directors by the stockholders, when the entire number, thirteen, shall be elected by the stockholders in the usual manner. New directors, election of. Sec. III. Repeals conflicting laws. Approved February 20th, 1873.

Page 89

No. XCIV.(O. No. 232.) An Act to incorporate the Cherokee Banking and Trust Company of Georgia. 63. Section I. The General Assembly of the State of Georgia do enact , That Robert A. Crawford, J. Watt Harris, William T. Wofford, Abda Johnson, A. P. Wofford and S. F. Stevens, and such other persons as may hereafter be associated with them as their successors and assigns, are hereby constituted a body corporate, under the name of the Cherokee Banking and Trust Company of Georgia, and in that name shall have succession, and may sue and be sued in any Court whatever, with such powers and privileges as are herein provided. Corporators. General powers. 64. Sec. II. That the capital stock of said company shall not exceed two hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be paid in at least twenty-five thousand dollars in cash or United States currency, and not before, the said company may organize and proceed to business. Capital stock. Shares. Company may proceed to business, when. 65. Sec. III. That said company shall have power to make advances to planters for the purpose of promoting the agricultural interests of the State, in loans on mortgages and deeds, on real and personal property of any and all kinds, and upon crops to be raised, or other securities; to receive deposits of money and all valuables of any kind, and the storage of produce, merchandise and other things, and to erect a suitable banking house, with warehouse attached, for their safe keeping, and issue receipts for the same; to buy and sell bonds, bills of exchange, promissory notes, other securities and other property, and advance and loan moneys: Provided , the rate of interest shall not exceed that allowed by law, securities and credits, and may charge and receive in addition such a commission on advances of money and negotiations of loans, and for storage, as may be agreed upon between said company and the party or parties buying or selling such bonds, bills of exchange and promissory notes, or borrowing and receiving such moneys, securities or credits, and on deposits, and storing such valuables: Provided, however , that the rate of interest on loans so made (not including commissions) shall not exceed the rate of interest allowed by the laws of this State; and the company shall have power to take and hold as security for, or in payment of, any loan or advance 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 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. May make advances to planters. May take mortgages, etc. May erect banking house. May buy and sell bonds, etc. Proviso. Commissions. Proviso. May purchase, hold and convey bonds, etc. 66. Sec. IV. That said company shall have power to receive

Page 90

money in trust or on deposit, and to invest the same at such rate of interest as may be agreed upon, or allow such interest thereon as may be agreed upon; shall have power to accept and execute all such trusts, of every description, that may be committed to them by any person or persons whomsoever, or any corporation, that may be committed or transferred to them by any Court; and shall have power to take and accept, by grant, or assignment, or bequest, or hold, any real or personal estate in trust, created in accordance with the laws of this State, and execute such legal trusts in regard to the same, on such terms as may be declared established or agreed upon in regard thereto. May receive money in trust, etc. May execute trusts. 67. Sec. V. 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. President and directors. 68. Sec. VI. That Robert A. Crawford, J. Watt Harris, William T. Wofford, Abda Johnson, A. P. Wofford, and S. F. Stevens, named in the first section of this Act, or any two them, shall and they are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such time and place and for such amount as the majority of them may deem proper, but for no less amount than fifty thousand dollars. The directors of said company shall be elected by a majority in interest of the stockholders of said company voting at said election, to be held under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the subscription called for by them; and on the first Monday in January in every year thereafter. No stockholder, after the first election, shall be allowed to vote only on the amount of stock actually paid in; and should there be no election of directors at any annual meeting, as hereinafter directed, the directors then in office shall continue until the next election, in which a majority of the stock shall be represented in person or by legal proxy. Books of subscription. Directors to be elected by stockholders. 69. Sec. VII. That the principal office of the company shall be located in the city of Cartersville; that the board of directors shall have power to appoint such agents, officers and 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 laws of this State nor of the United States, as may be deemed necessary for the management of the business of said company, and may adopt a corporate seal and change the same at pleasure. Principal office of the company. By-laws. 70. Sec. VIII. That the minutes of the proceedings of the board of directors shall be kept in a book provided for that purpose, and signed by the secretary and also by the president; and these minutes, at all times, shall be subject to the inspection of any stockholder. Each stockholder shall be entitled to a certificate of his, her or their respective shares of the capital stock, which shall be transferable, and the board of directors shall cause the register and transfer of such

Page 91

shares to be so kept; and every transfer, to be valid, shall be made in such book, and signed by the shareholder or his or her or their attorney, duly authorized in writing. Record to be kept of proceedings. Certificates of stock, transfer of. 71. Sec. IX. That the board of directors, out of the funds of said company, shall defray its expenses and pay its debts, and declare and pay out of surplus net profits of its business, to its shareholders or their duly authorized agents or attorneys, such dividends as they may deem expedient; such dividends, after the first six months the company has been in operation, be declared on the first Monday in July and January, and due notice shall be given to the shareholders of the amount declared and when the same will be paid them. Expenses and debts, payment of. Dividends. 72. Sec. X. That the board of directors shall make semi-annual statement of the condition of said company on the first Monday in July and January to the stockholders, and to the Governor of the State, of all debts, liabilities and assets whatever, under oath, by their president and cashier, before a Justice of the Peace or other officer authorized to administer oaths, and such statement shall be kept in a book for that purpose for future reference. Semi-annual statements. 73. Sec. XI. That said corporation shall, and is hereby authorized to act as trustee, by the appointment of any Court of this State. Bank may act as trustee. 74. Sec. XII. That each stockholder shall pay thirty-three and a third per centum of his subscribed stock at the time of subscribing for the same, and the board of directors shall then have power to call in such other installments as they may think proper from time to time, by giving ten days' notice in a newspaper in the city of Cartersville; and the said company shall be responsible to its creditors to the extent of its property; and 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 the stock subscribed or held by him or them respectively. Payment of subscriptions for stock. 75. Sec. XIII. That this Act shall take effect immediately upon its passage, and continue in force for thirty years. Charter, to run 30 years. Sec. XIV. Repeals conflicting laws. Approved February 22d, 1873. No. XCV.(O. No. 193.) An Act to amend an Act approved August 22d, 1872, entitled an Act to amend an Act approved March 4th, 1869, to incorporate the Darien Banking Company, and for other purposes, and the Act amendatory thereof, approved October 22d, 1872. 76. 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 section three of said Act be so amended as to read as follows: That the time of the meeting and organization of said company shall be extended so as to

Page 92

allow it to organize at any time within twelve months from the 4th of March, 1873. Company may organize, when. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. XCVI.(O. No. 148.) An Act to incorporate the Bank of Eatonton. 77. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That R. C. Humber, W. T. Garrard, John P. Key, John Dennis, J. T. Dejarnette, W. F. Little, Bradley Slaughter, James C. Denham, Irby H. Scott, J. R. Hudson, D. T. Singleton, T. J. Smith, E. B. Smith, Frank Leverett, R. A. Reid, Evan Harvey, R. J. Wynn and J. H. Adams, and such other persons as may be hereafter associated with them and their successors and assigns, are hereby constituted a body corporate, under the name of the Bank of Eatonton; and by that name shall have succession, may sue and be sued, contract and be contracted with, and exercise and have all the rights and privileges incident to corporations under the laws of this State. Corporators. Corporate name. General powers. 78. Sec. II. That the capital stock of said company shall be fifty thousand dollars, with privilege of increasing to two hundred thousand dollars; said stock to be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said capital subscribed, and twenty thousand dollars of the same paid in, in lawful money of the United States, said company may organize and proceed to business under this Act. Capital stock. Shares. Organization and business. 79. Sec. III. That the business of said company and their corporate powers shall be exercised by a board of not less than five directors, who shall elect from their number a president, and may elect such person as they see proper cashier, and may make such by-laws and regulations for the government and conducting of the business of said corporation as they see proper; but the stockholders shall have power to alter, abolish or add to such by-laws and regulations whenever they may deem it necessary. President and directors. Cashier. By-laws, etc. 80. Sec. IV. That R. C. Humber, James C. Denham, J. H. Adams and J. T. Dennis, or any two of them, are hereby appointed commissioners to open books of subscription to the capital stock of said company. The directors of said company shall be elected by a majority in interest of the stockholders voting, at the election to be held under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the books of subscription, and on the first Monday of January of each year thereafter. No stockholder, after the first election, shall be allowed to vote except to the amount of stock actually paid in; and if there shall be no election of directors at any annual meeting, the directors in office

Page 93

shall continue until the next election, in which a majority of the stock shall be represented in person or by legal proxy. Books of subscription. Directors, how and when elected. 81. Sec. V. That all rights, privileges and powers conferred on the Fort Valley Loan and Trust Company, by an Act entitled An Act to incorporate the Fort Valley Loan and Trust Company, approved October 10th, 1868, are hereby conferred on the Bank of Eatonton, and sections three, four, seven, eight, nine, ten, eleven, twelve and thirteen of said Act are hereby made a part of this Act, except that the principal office of the Bank of Eatonton shall be located in Eatonton, Georgia, and the notice provided for in section eleven of the above recited Act shall be given in a newspaper published in Eatonton, or in two or more public places in said town. Fort Valley Loan and Trust Company, privileges, etc., of, conferred on this bank. Office of the company. 82. Sec. VI. That all the property of said company shall be liable for its debts, and that each stockholder shall be individually liable for all the debts of the company contracted while he was a stockholder, in proportion to the number of shares subscribed for or held by him. Stockholders, liability of. Sec. VII. Repeals conflicting laws. Approved February 20th, 1873. No. XCVII.(O. No. 283.) An Act to incorporate the Farmers' Mutual Loan and Banking Company of Covington. 83. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is enacted , That W. S. Lee, Franklin J. Wright, William S. Montgomery, Henry Graves, O. T. Rogers, R. J. Henderson, Thomas M. Meriwether, Wm. H. Gaither, L. F. Livingston, David Dixon, S. D. Hight, J. L. Jones, R. J. Stansell, Joel Ellington, John W. Gwinn, Reuben Cook, A. P. Cannon, Newton Anderson, Robert P. Wood, N. P. Hunter, J. P. Simms, Ezekiel Harris, P. E. Banks, Manson Glass, William F. Davis, Hugh White, Enoch Steadman, James Harwell, Boykin Smith, Henry P. Richards, George Cunningham, Smith Atkin, A. S. Bell, James Robinson, T. A. Pitts, J. W. B. Summers, Noah Fowler, H. D. Capers, and such other persons as may be associated with them, and their successors in office, be and the same are hereby made a body corporate, by the name and style of the Farmers' and Merchants' Mutual Loan and Banking Company of Covington, Georgia, with the right in and by this name to sue and be sued, plead and be impleaded, answer and be answered in any competent Court of jurisdiction in this State; to purchase, hold and sell, at pleasure, such real estate and personal property as may be required; to use and to have a common seal; to ordain and establish such by-laws, rules and regulations as they, the said company, may deem necessary or expedient to carry into effect the objects of said company: Provided , said laws, rules or ordinances

Page 94

shall not conflict with the laws or Constitution of this State, or of the United States. Corporators. Corporate name. General powers. 84. Sec. II. That the capital stock of said company shall not exceed the sum of five hundred thousand dollars, which said capital stock shall be divided into shares of one hundred dollars each, but the said company may organize and commence business whenever the sum of fifty thousand dollars shall be paid in, under the calls to be made upon the subscribers to said capital stock. Capital stock. Shares. Company may organize and proceed to business, when. 85. Sec. III. That it shall be the duty of said corporators, or a majority of them, within ninety days after the passage of this Act, to appoint from among their number a board of commissioners, not less than three in number, who shall open books to receive subscriptions to the capital stock of said company, the said books to be opened in the city of Covington, and at such other points as they, the said commissioners, may deem proper, of which due notice shall be given by publication, and said books shall remain open for at least thirty days. At the expiration of said thirty days, it shall be the duty of said commissioners to convene the stockholders or subscribers of stock by notice published for ten days in some public gazette in Newton county, fixing the time and the place for their meeting, at which meeting the said subscribers to the stock of said company may proceed to elect seven directors, who shall hold their offices for one year, from the date of their election. Books of subscription. Notice to be given. Stockholders or subscribers, convention of. Directors, election of. 86. Sec. IV. That the directors of said company as elected, as hereinbefore provided, shall at their first meeting, to be held within thirty days after their election, proceed to choose from their number a president, who shall be, during the term of his office as director, president of said company: and the said board shall also appoint such other officers for said company as may be deemed necessary for the business of the same. President, election of. Other officers. 87. Sec. V. That the said company shall have the right to issue and deal in bills of exchange, to issue letters of credit, to receive deposits and to pay out the same, and to engage in a general banking business, under the provisions of the laws of this State for the regulation of banks and banking: Provided , nothing in this Act shall be construed to authorize said bank to issue bills bearing the similitude of bank notes or intended to circulate as money. Bills of exchange, letters of credit, etc. Proviso. 88. Sec. VI. That in case any subscription or subscriptions shall be made to the capital stock of said company and the same shall not be paid in accordance with the terms as properly published for the per cent. calls of said subscribed stock by the aforesaid corporators, their agents, or the said board of directors as herein provided for, then the said subscription or subscriptions shall be declared forfeited, and the same opened for sale by the said board of directors, on due notice to be advertised for at least ten days. Subscriptions, etc., forfeiture of. 89. Sec. VII. That no person or combination of persons shall subscribe for or purchase more than one hundred shares of the capital stock of this company, to be held and used for the benefit of said person or persons, unless two-thirds of the whole stock subscribed and

Page 95

duly represented shall assent thereto at any regular or called meeting of the said company, of which meeting due notice shall be given to each stockholder in writing. Subscriptions, limit of. 90. Sec. VIII. That 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. Stockholders, liability of. Sec. IX. Repeals conflicting laws. Approved February 22d, 1873. No. XCVIII.(O. No. 288.) An Act to incorporate the Geneva Savings Bank . 91. Section I. Be it enacted by the General Assembly of the State of Georgia , That H. H. Cosby, J. C. Chandler, W. L. Battle, C. B. Leitner, R. A. Paschal, Jasper Logan, A. Turner and A. S. Rutherford, of Geneva, Georgia, and their associates and successors, are hereby constituted a body politic and corporate, under the name of the Geneva Savings Bank, 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. 92. Sec. II. That the capital stock of said corporation shall be twenty-five thousand dollars, divided into shares of fifty dollars each, with power to said bank to increase the same to any amount not exceeding one hundred thousand dollars, upon public notice of such increase being first given for thirty days in a public gazette published in Talbotton, or nearest Geneva, in which notice shall be specified the amount of the increase to the capital stock of said company, Capital stock. Shares. 93. Sec. III. That as soon as twenty-five thousand dollars of the capital stock has been 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 cashier. Said directors shall be elected by the stockholders on the first Wednesday in April of each year, or within thirty days thereafter, by giving

Page 96

ten days' notice in some public gazette in Talbotton, or nearest Geneva, 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 said board. Each stockholder shall vote in person or by proxy, under written power-of-attorney, and be entitled to one vote for each 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. Business may be commenced, when. President, directors and cashier, how and when elected. Term of office. Vacancies. Stockholders to vote, how. 94. Sec. IV. 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 to be signed, etc. 95. Sec. V. 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 fifty dollars. All dividends upon each share shall attach to the same until the value of said share shall be fifty 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 Geneva. Stock, how to be paid in. Dividends. Transfer of stock. 96. Sec. VI. That the by-laws of said 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 by their by-laws. The board of directors shall have 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 bonds from persons so appointed for the faithful execution of their duties. By-laws. Fines and penalties. 97. Sec. VII. That on the first Monday in June and December of each year, the board of directors shall make and publish statements of all debts, liabilities and assets whatever of said bank, which statements shall be verified by the oath of the cashier made before any officer authorized by law to administer oaths, 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 debts of the corporation, created while he may be a stockholder in proportion to the amount of his stock. Statements shall be published. 98. Sec. VIII. 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 C. B. Leitner, in Geneva, due notice of which shall be given in some gazette, published in Talbotton. This Act shall continue in force for twenty years. Books of subscription, who may open. Sec. IX. Repeals conflicting laws. Approved February 22d, 1873.

Page 97

No. XCIX.(O. No. 6.) An Act so amend the Charter of the Georgia Railroad and Banking Company as to legalize certain aid extended by it to the Port Royal Railroad Company . 99. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the action of the stockholders and board of directors of the Georgia Railroad and Banking Company, in aiding the objects of the incorporation of the Port Royal Railroad Company, in this State, and in the State of South Carolina, by the placing of the indorsement of the former company upon the bonds of the latter company, to the amount of five hundred thousand dollars, upon the terms agreed upon by both companies, be and the same is hereby legalized and recognized as binding upon the said companies and all parties concerned, with all the terms and conditions of said contract in the same manner and to the same effect as if originally authorized by law. Port Royal Railroad, indorsement of bonds of, by Georgia Railroad and Banking Co., legalized. Approved February 4th, 1873. No. C.(O. No. 127.) An Act to incorporate the Georgia Savings Banking Company and the Citizens' Loan and Trust Company of LaGrange, and for other purposes . 100. Section I. Be it enacted by the General Assembly of the State of Georgia , That the owners of the shares herein authorized to be issued be and they are hereby made a body politic and corporate, under the name and style of the Georgia Savings Banking Company, with a power and authority under that name to organize a savings bank, and to carry on the business of banking, and to sue and be sued, to plead and be impleaded, to contract and be contracted with, and may take, have, possess and acquire, by gift, grant or purchase, any property and estate, real or personal; and the same may use, lease, let, mortgage, sell, transfer and convey, in as full and ample manner and extent as any individual person may or might do. Georgia Savings Banking Co. General powers. 101. Sec. II. That the capital stock of the said company shall consist of shares of ten dollars each, and twenty-five per cent. thereof shall be invested by the directors in good securities, and held as a reserved fund, pledged for the payment of any contingent liability which may be created in the course of their business; and should any part of the reserved fund be at any time used in the payment of any such liability, it shall be the duty of the directors to reinstate the sum thus used, by appropriating thereto so much of the current income as may be requisite therefor; and no distribution of profits

Page 98

shall at any time be made, so long as there may be any deficiency in the funds reserved as aforesaid. And Duff Green, Charles P. Gordon, William P. Chester, Benjamin E. Green and William Towers are hereby appointed commissioners, and they, or a majority of them, may, in person or by proxy, open books of subscription at such times and places as they may deem expedient; and when ten thousand shares shall have been subscribed, and twenty-five per cent. thereon shall have been satisfactorily secured, the subscribers may proceed to organize the company by the election of five or more directors, and the directors for the time being are hereby authorized, in the name and behalf of the company, to have, exercise and enjoy all the rights, powers, franchises and privileges which are intended to be herein given to the said company; and may, from time to time, increase the resources of the company by obtaining money or credit on a pledge of their property, or without such pledge, or by new subscriptions. And the owners of the shares shall be liable for and bound to pay to the said company the sums due or to become due by them upon such shares, which sum being paid, such owner shall not be liable for any further payment on account thereof. Capital stock. Reserved fund for payment of liabilities. Profits may not be distributed, when. Commissioners. Books of subscription. Organization. Directors. Share owners, liability of. 102. Sec. III. That, whereas, experience has proved that the payment of a proper rate of interest upon deposits will promote economy and industry, and create a fund which may be loaned in aid of the development of the industrial resources of this and the other States in mining, manufactures and the mechanic arts, and in agriculture and in commerce, therefore, in case of deposits which are subject to be withdrawn by check or by order, the persons making such deposits may agree with the said company that there shall be placed with the treasurer of the said company, or with some other person to be agreed on, as trustee, bonds of the United States, or of one of the States, or such other securities as may be agreed on, for a sum equal to the deposit so made, which securities shall be held as a collateral trust fund pledged for the payment of the deposits so made. And the company may issue certificates stating the amount of the deposits, the interest to accrue thereon, the time when and the terms and conditions on which payment is to be made, and the certificates may be made payable to order, or to order or bearer, and should any such certificate not be paid on demand after they become due and payable, the holder thereof may cause protest to be made, and thirty days' notice having been given to the said company, if the requisite funds be not otherwise provided, it shall be the duty of the trustee to sell so many of the bonds or other securities held in trust as aforesaid as may be necessary therefor, and with the proceeds of such sales to pay off and discharge the said protested certificates. Preamble. Collateral as security for deposits. Certificates may be made payable, how. Protested certificates, payment of. 103. Sec. IV. That the principal office of the said company shall be in Dalton, and the directors of that office may, from time to time, establish branches, and may enact by-laws and regulations for the management of the principal bank and of the branches, and may prescribe the number of their officers and agents, and designate their powers and duties and compensation; and each branch shall be under

Page 99

the management of directors, chosen by the shareholders of such branch, and shall have like powers, franchises and privileges as are herein given to the said company, subject to the restrictions to be made by the directors; and the principal bank and branches shall each and all be responsible and bound to pay the sums due upon the contracts and obligations entered into by them, and each stockholder shall be individually liable for the ultimate payment of all the debts of the corporation, created while he may be a shareholder, in proportion to the amount of his stock. And until the election of directors, as herein provided for in second section of this Act, shall have been made, the persons named in that section shall be a board of directors, a majority of whom are hereby authorized to act, with all the powers, rights and privileges herein given to the directors of said company. Principal office of the company. Branch offices, how managed and controlled. Bank and branches, liability of. Directors, majority may act. 104. Sec. V. That this Act shall take effect from and after its passage, and be in force for thirty years, and until it shall be thereafter modified or repealed; and all Acts and parts of Acts conflicting therewith be and the same are hereby repealed. Charter to run 30 years. 105. Sec. VI. That John N. Cooper, Benjamin H. Bigham, Martin P. Dye, Jesse McLendon, Godfred Kener and H. H. Cary, and their associates and successors, are hereby constituted and made a body corporate and politic, under the name and style of the Citizens' Loan and Trust Company, of LaGrange, with all the powers heretofore vested by the Act approved October 5th, 1868, in the Georgia Loan and Trust Company, and with the same rules and regulations for conducting the business of the corporation as are provided in said Act. These corporators, or any two or more of them, are hereby vested with authority to open books for subscription to the capital stock of said company, at such time and place as they may deem proper. The capital stock of said company shall be fifty thousand dollars, with the privilege of commencing business when twenty thousand dollars shall have been paid in, and with the privilege of increasing the capital stock to two hundred thousand dollars. This charter shall continue thirty years, and the principal office shall be in the city of LaGrange, Georgia. Corporators. Citizens' Loan and Trust Co., of LaGrange. Books of subscription. Capital stock. Charter to run 30 years. Principal office. Approved February 20th, 1873. No. CI.(O. No. 216.) An Act to incorporate the Macon Bank and Trust Company, of Macon, Georgia. 106. 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 C. M. Wiley, R. H. Flanders, L. W. Rasdal, F. M. Heath, W. G. Lord, G. Nussbaum, George W. Burr and others, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby

Page 100

constituted a body corporate under the name of the Macon Bank and Trust Company, and by that name shall have succession, and may sue and be sued in any Court whatever, with such powers and privileges as are hereinafter provided. Corporators. Macon Bank and Trust Co. May sue and be sued. 107. Sec. II. That the capital stock of said company shall be fifty thousand dollars, with the privilege of increasing said capital at any time to five hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, and when there shall be fifty thousand dollars of said capital subscribed, and twenty-five [Illegible Text] cent. of the fifty thousand dollars actually paid in, in lawful money of the United States, the said company may organize and proceed to business under this Act. Capital stock. Shares. May organize and proceed to business, when. 108. Sec. III. That said company shall have power to make advances to planters, for the purpose of developing the agricultural interests of the State, in loans on mortgages, on real or personal property of all kinds, and upon crops to be raised, to receive deposits of money and all other valuables of any kind, and to erect suitable offices and stores for their safe keeping, and issue receipts for the same; to buy and sell bonds, bills of exchange and promissory notes and advance and loan moneys, securities and credits, and may charge and receive, in addition, such a commission on advances of money and negotiating loans, and for storage, as may be agreed upon between the said company and the party or parties buying or selling such bonds, bills of exchange and promissory notes, or borrowing and receiving such moneys, securities or credits, and for storing such valuables: Provided, however , that the rate of interest on loans so made shall not exceed the rate of interest allowed by the laws of the State; and the said company shall have power to take and hold as security for or in payment of any loan or advances made on mortgages or other instruments or obligations upon any and all kinds of property whatever, either real or personal; and said company shall have power to purchase, hold, sell and exchange or 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. May make advances to planters. May receive deposits, etc. May buy and sell bonds, bills, etc. May charge commissions. Proviso. May take what securities. May purchase and sell bonds or other property. 109. Sec. IV. That the said company shall have power to receive moneys in trust or on deposit, and to invest the same at such rate of interest as may be agreed upon, or allow such interest thereon as may be agreed upon; shall have power to accept and execute all such trusts, of every description, that may be committed to them by any person or persons, whomsoever, or any corporation that may be committed or transferred to them by any Court; and shall have power to take and accept, by grant or assignment or bequest, or hold any real or personal estate in trust, created in accordance with the laws of this State, and execute such legal trust in regard to the same on such terms as may be declared, established or agreed upon in regard thereto. May receive money in trust, may invest, etc. May accept and execute trusts. 110. Sec. V. That the business and corporate powers of said company shall be exercised by a board of not less than five directors, to

Page 101

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. Directors. President. 111. Sec. VI. That C. M. Wiley, R. H. Flanders, L. W. Rasdal, F. M. Heath, W. G. Lord, G. Nussbaum and George W. Burr, 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 said company, at such time and places and for such amounts as a majority of them may deem proper, but for no less amount than fifty thousand dollars, as hereinbefore provided. The directors of said company shall be elected by a majority in interest of the stockholders of said company voting at said election, to be held under the inspection of said commissioners, at such place as they may designate, within ten days from the closing of the subscription called for by them, and on the first Monday in January, in every year thereafter. No stockholder, after the first election, shall be allowed to vote, only on the amount of stock actually paid in; and should there be no election of directors at any annual meeting, as hereinafter directed, the directors then in office shall continue until the next election, in which the majority of the stock shall be represented in person or by legal proxy. Books of subscription. Directors, how and by whom to be elected. Stockholders shall vote, how. 112. Sec. VII. That the principal office of the company shall be located in the city of Macon, Georgia; that the board of directors shall have power to establish agencies for the transaction of the business of said company at any place they 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 this State, as may be deemed necessary for the management of the business of said company, and may adopt a corporate seal and change the same at pleasure. Office of the company. Agencies. Agents and officers. By-laws. 113. Sec. VIII. That the minutes of the proceedings of the board of directors shall be kept in a book provided for that purpose, and signed by the president, chairman or secretary, and the minutes shall at all times be subject to the inspection of any stockholder. Each stockholder shall be entitled to certificates of his respective share of capital stock which shall be transferable; and the board of directors shall cause the registry and transfer of such shares to be so kept; and every such transfer to be valid, shall be made in such books and signed by the shareholders or his or her attorney, duly authorized in writing. Proceedings of directors. Certificates of stock. 114. Sec. IX. That the board of directors, out of the funds of said company, shall defray its expenses and pay its debts, and declare and pay out of surplus net profits of its business to its shareholders or their duly authorized agents or attorneys, such dividends as they may deem expedient; such dividends shall, after the first six months the company has been in operation, be declared on the first Monday

Page 102

in January and July in each year, and due notice shall be given to shareholders of the amount declared and the time it will be paid to them or their legally authorized agents. Expenses. Dividends. 115. Sec. X. That the board of directors shall make semi-annual statements of the condition of said company on the first Mondays in January and July in each year to its stockholders and to the Governor of the State of all its debts, liabilities and assets whatever under oath, by their president and cashier, before a Justice of the Peace or other officer authorized to administer oaths, and such statement shall be kept in a book for that purpose for future reference. Semi-annual statements. 116. Sec. XI. That each stockholder shall pay ten dollars on each share at the time he subscribed for the same, and the board of directors shall have the power to call in such other installments as they think proper from time to time, by giving ten days' notice in one of the newspapers of the place, or in some public place in the city of Macon, Georgia, not to exceed twenty-five dollars on each share at any one time. Subscriptions, to be paid, how. 117. Sec. XII. That the company shall have a printed copy of this charter placed in a frame in their office, so that all parties may see the same who wish to transact business therewith. Copy of charter. 118. Sec. XIII. That all the property of said company shall be liable for its debts, and each stockholder shall be individually liable for the debts of the company, contracted while he was such stockholder, in proportion to the amount of stock held or subscribed for by him. Liability of the company. 119. Sec. XIV. That this Act shall take effect immediately after its passage, and shall continue in force for twenty-one years. Charter to run 21 years. Sec. XV. Repeals conflicting laws. Approved February 21st, 1873. No. CII.(O. No. 31.) An Act to incorporate the Manufacturers' Bank of Augusta. 120. Section I. Be it enacted by the General Assembly of the State of Georgia , That William S. Roberts, Henry F. Russell, Charles H. Phinizy, William T. Wheless, William F. Herring, and their associates and successors, be constituted a body corporate and politic to receive deposits of mony and to loan and invest the same, under the name of the Manufacturers' Bank of Augusta, and by this name are invested with the following powers, rights and privileges, and subject to the following restrictions. Corporators. Corporate name. 121. Sec. II. The capital shall be one hundred thousand dollars, with the privilege of increasing it to five hundred thousand dollars. Capital. 122. Sec. III. Each share of the stock shall be one hundred dollars;

Page 103

there shall not be less than twelve stockholders, and they shall vote at all their meetings in proportion to the number of their shares. Shares. 123. Sec. IV. The stockholders shall have power to make rules and regulations and by-laws for the management and direction of its affairs, in accordance with the laws of this State through their properly constituted officers; they shall have power and authority to do everything necessary and proper for the safe and successful management of the bank, allowed by law to corporations in this State. Rules and regulations, stockholders may make, how. 124. Sec. V. This bank may go into operation as soon as the capital stock shall be paid in, and not before. Operations may be commenced. 125. Sec. VI. That the said company shall be responsible to its creditors to the extent of its property, and 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. Liabilities of the company and of stockholders. Sec. VII. Repeals conflicting laws. Approved February 14th, 1873. No. CIII.(O. No. 60.) An Act to alter and amend an Act entitled an Act to incorporate the Merchants' and Mechanics' Savings Bank of Columbus, Georgia, approved December 14 th , 1871. 126. 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 an Act entitled an Act to incorporate the Merchants' and Mechanics' Savings Bank of Columbus, Georgia, approved December 14th, 1871, be so altered and amended as to strike out the word Savings in the name of said corporation, so that the name and style of said corporation shall be The Merchants' and Mechanics' Bank. Merchants and Mechanics' Bank. Sec. II. Repeals conflicting laws. Approved February 18th, 1873. No. CIV.(O. No. 44.) An Act to amend an Act to incorporate The Planters' Loan and Savings Bank. 127. Section I. The Senate and House of Representatives of the State of Georgia in General Assembly met, do enact , That the second and tenth sections of the Act above recited be so amended as that the amount of each share in said bank shall be ten dollars instead of one hundred dollars as now therein provided, and that the directors of

Page 104

said corporation be and they are hereby authorized to call in scrip now out and to issue scrip in lieu thereof according to the provisions of this Act. Shares changed from 100 to 10 dollars. Approved February 15th, 1873. No. CV.(O. No. 24.) An Act to incorporate the Real Estate Savings Bank of Stone Mountain. 128. Section I. It is hereby enacted by the General Assembly of the State of Georgia , That B. F. Veal, J. W. McCurdy, J. T. Willingham, J. W. Goldsmith, J. E. Cloud, A. J. Veal, W. G. Whidby, and such other persons as may be associated with them hereafter, and their successors and assigns, are hereby constituted a body corporate under the name of the Real Estate Savings Bank of Stone Mountain, to be located in the town of Stone Mountain, and by that name may sue and be sued in any Court, with such powers and privileges as are hereafter provided. Corporators. Corporate name. 129. Sec. II. That the capital stock of said company shall be one hundred thousand dollars, said stock to be divided into shares of one hundred dollars each, with the privilege to increase said stock to two hundred thousand dollars, when twenty-five per cent. of said stock shall have been paid in, and a majority of the stockholders may determine, the said company may organize and proceed to do business under this Act. Capital stock. Shares. Business may be commenced, when. 130. Sec. III. 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 to rent or purchase suitable offices and stores for their safe keeping, to issue receipts for the same, to buy and sell bonds, bills of exchange and promissory notes, and advance and loan money to planters and others on cotton or produce or merchandise or collateral, and may charge and receive, in addition to interest, such commission on advances 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 and the charges do not exceed the amounts allowed by law; 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, paying such

Page 105

interest therefor as may be agreed upon by the parties, thus affording a safe depository for all funds held for future disposition. General powers. Rate of interest. 131. Sec. IV. That the business and corporate powers of said company shall be exercised by a board of directors, not less than five in number, to be elected annually, on the first Wednesday in February, by the stockholders, 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 business, and adopt such other rules and regulations as they may deem expedient for the management of the business of the company. President and directors, when and how elected. Quorum. 132. Sec. V. That the parties named in the first section of this Act, or their successors and assigns, shall and they 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. Books of subscription. 133. Sec. VI. That the president and cashier of said company shall, under oath before some proper officer, make semi-annual statements to the Governor of all its debts, liabilities and assets, and publish the same in some newspaper in Atlanta. Semiannual statements. 134. Sec. VII. That the said company shall be responsible to its creditors to the extent of its property, and 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. Responsibility of company to creditors. Sec. VIII. Repeals conflicting laws. Approved February 13th, 1873. DIVISION II. CANAL COMPANIES. No. Act. 106. Great Western Canal Company. 107. Ringgold Canal and Manufacturing Company. No. CVI.(O. No. 204.) An Act to amend the several Acts incorporating the Atlantic and Great Western Canal Company, to regulate amount of tolls to be collected on freight passing through said Canal. 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That the third section of the Act approved October 27th, 1870, incorporating the Atlantic and Great Western Canal Company, be so amended as to provide that the tolls charged upon said canal shall in no case exceed the sum of five mills per ton per mile for any kind of freight passing through said canal. Freight, rate to be changed.

Page 106

2. Sec. II. That the capital stock of said company be and it is hereby increased to twenty millions of dollars. Capital stock. Sec. III. Repeals conflicting laws. Approved February 21st, 1873. No. CVII.(O. No. 282.) An Act to incorporate the Ringgold Canal and Manufacturing Company. 3. Section I. Be it enacted by the General Assembly of the State of Georgia , That Thomas M. Gordon, William J. Whitsett, James M. Lee, Isaac R. Jobe, William G. Cook, James R. Cravens and William L. Whitman and their associates, and such other persons as may become stockholders in this company be and they are hereby created a body politic and corporate by the name and style of the Ringgold Canal and Manufacturing 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 into effect the object of this Act, or to the full enjoyment of the same, and by that name they may sue and be sued in any Court of competent jurisdiction in this State; may have and use a common seal, and establish such rules, by-laws and regulations not inconsistent with the Constitution and laws of this State, as may be deemed proper for the government of said company. Corporators. Corporate name. General powers. 4. Sec. II. That said company shall have the right, and they are hereby authorized to dig, construct and use a canal, commencing on lot of land number two hundred and four, in the twenty-eighth district of Catoosa county, Georgia, or at such other point and on such other land as they may deem fit and proper in said district and county of said State, and dig and construct said canal through any and all lands necessary to the proper location and construction thereof. The said canal to be located on and through the most eligible line connected with its commencement on lot number two hundred and four and ending on lot number one hundred and fifty-five, all in said twenty-eight district, as also the right to locate, dig and construct said canal through the corporate limits of the town of Ringgold, and the right of way is hereby granted to said company, they first making just compensation to the owners of said lands, streets and town lots for the same. Canal, extent of. Right-of-way. 5. Sec. III. That said company shall have the right, and they are hereby authorized, to divert the water from the natural channel of East Chickamauga creek into and through said canal in sufficient quantity to propel any and all machinery that may be placed or erected by said company upon said canal, and the right to the free use of said water for the purpose of propelling such machinery as may be erected as aforesaid. Company may divert water of East Chickamauga.

Page 107

6. Sec. IV. That the capital stock of said company shall be divided into shares of fifty dollars each, the maximum amount of stock to be two hundred and fifty thousand dollars; and when fifty thousand dollars of stock shall have been actually paid in or satisfactorily secured, the company may organize and commence work, and, in election, the stockholders shall be entitled to one vote for each share of stock owned by them. Shares of stock. Company may commence business, when. 7. Sec. V. That any five or more of said corporators may open books of subscription for stock at Ringgold or elsewhere in this State, notice of the time to be given by advertising in such paper as may be published in Ringgold, and any other towns or cities where books shall be opened, for two weeks prior to the time of meeting, or if there be no paper published in the town of Ringgold, then in the paper publishing the official printing of Catoosa county. The stockholders shall organize by the election of a board of five directors, who shall have the management of said company, and shall choose one of their number for a president, and they may appoint all officers and agents deemed by them necessary for conducting the affairs of the company. The by-laws of the company shall fix the time of the election of the directors and the terms of office. Books of subscription. President and directors. 8. Sec. VI. That the stockholders shall be bound in their private capacity to any creditor of said corporation for the amount of stock subscribed for by them until said subscription is fully paid up, or until the stockholders shall have paid out of his private property debts of the corporation to an amount equal to his unpaid subscription; and to that extent a judgment obtained against the company shall be a lien on the individual property of such stockholder; and if an execution against the company shall be returned, with an entry by the proper officer of no corporate property to be found, it may be levied on the private property of such stockholder and collection enforced to the extent of his liability, as above provided, as other executions. Stockholders, liability of. 9. Sec. VII. That if any dispute shall arise as to the amount of damages to be paid by said company to any person for the right of way, the Ordinary of the county where the land lies may, on application of either party, draw twelve names from the jury box of said county and cause them to be summoned by any sheriff or constable at such time and place as the Ordinary may appoint, and any seven or more of the persons so summoned shall constitute a jury to try said case; and if any of the jurors shall fail to attend talismen may be summoned in their stead, so as to make the number not less than seven. The Ordinary shall preside at said trial, and may suffer any of the jurors to be stricken by either party for legal cause; and he shall have power to summon witnesses and jurors, and to punish them for non-attendance, and to punish any person for contempt, as the Superior Court may; and the jury shall be sworn to diligently inquire what amount of money would be just compensation in the case, to take into consideration the enhanced value, if any, of that or any other lands adjoining lands of the claimants, by reason of the location of the canal and benefits therefrom resulting, such as the establishment

Page 108

of a mill or mills, or manufactories calling for the said canal, and consequent increased water privileges, and to return a true verdict according to law and evidence, and the Ordinary shall issue execution for such sum. The jury may tax either party with the cost, or apportion it, and execution may issue therefor, and all jurors, officers and witnesses shall be paid as for like services in the Superior Court; and either party may appeal to the Superior Court within ten days, in the manner prescribed for appeals in cases in the Court of Ordinary. Damages for right-of-way, how to be determined. 10. Sec. VIII. That this Act shall take effect and be in force from and after its passage for thirty years, and until it shall thereafter be modified or repealed. Charter to run 30 years. Sec. IX. Repeals conflicting laws. Approved February 22d, 1873. DIVISION III. CITIES AND TOWNS. No. Act. 108. Acworth, Charter amended. 109. Americus, Board of Education. 110. Americus, Charter amended. 111. Atlanta, Charter amended. 112. Atlanta, City Court. 113. Augusta, Charter amended. 114. Augusta, City Court. 115. Augusta, limits of 116. Augusta, Recorder. 117. Bainbridge, bonds. 118. Bear Creek, Charter amended. 119. Butler, subscriptions to Johnson Institute. 120. Cartersville, water works. 121. Cedar Town, Charter amended. 122. Cole City, Charter of. 123. Columbus, commons. 124. Columbus, public school teachers. 125. Cuthbert, Charter amended. 126. Dallas, sale of liquor. 127. Dalton, Charter amended. 128. Dalton, extra tax. 129. Dalton, gas and water works. No. Act. 130. Dawson, Charter amended. 131. Fort Valley, Charter of. 132. Gainesville, Charter amended. 133. Hawkinsville, head of navigation of Ocmulgee. 134. Jefferson, Charter. 135. Jonesboro, Charter. 136. Kingston, Charter amended. 137. Lafayette, Charter amended. 138. Lithonia, Charter amended. 139. Milledgeville, Charter amended. 140. Milledgeville, Merchants' and Mechanics' Fire Company. 141. Morganton, Charter of. 142. Oxford, sale of spirituous liquor. 143. Rome, bonds. 144. Savannah bonds. 145. Savannah, Brunswick, St. Mary's, and Darien oysters, etc. 146. Savannah, election precinets. 147. Talbotton, subscription to railroad. 148. Waresboro, Charter repealed. 149. West End, Charter amended. No. CVIII.(O. No. 226.) An Act to amend the Charter of the Town of Acworth, in the county of Cobb. Whereas, A large number of the citizens in the town of Acworth have petitioned the General Assembly to vest in the town commissioners of said town authority to control the traffic of ardent spirits

Page 109

in the corporate limits of said town, and to enact such by-laws, rules and regulations in regard to the same as they may deem fit and proper, either in the way of taxation, or the prohibition of the sale thereof. Preamble. 1. Section I. Be it enacted, etc. , That from and after the passage of this Act, the charter of the town of Acworth be and the same is hereby amended as follows: The town commissioners of the town of Acworth, in the county of Cobb, shall be and they are hereby invested with full and exclusive authority over the traffic of ardent spirits in said town; that they may pass such by-laws, rules and regulations as they may deem fit, either by prohibiting said traffic, no matter in what shape or quantity, or they may require such license fee, not exceeding one thousand dollars, as they may deem proper: Provided , that such by-laws, rules and regulations are not repugnant to the Constitution of this State. Ardent spirits, exclusive authority over. Proviso. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CIX.(O. No. 21.) An Act to establish a permanent Board of Education for the City of Americus, and to incorporate the same, and for other purposes. 2. 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, the city of Americus, in the county of Sumter, be and it is hereby authorized and allowed to establish and maintain public schools within the corporate limits of said city, independent of the general school law of this State, and that the public schools so established be entitled to draw from the school funds of the State their pro rata share thereof. Public school system for Americus allowed. 3. Sec. II. That the following named citizens of Americus, T. M. Furlow, George F. Cooper, A. M. Wynn, J. S. White, N. B. Harrold, James M. Clark, G. W. Sirrine, P. F. Brown, A. S. Cutts, S. H. Hawkins, Moses Speer, Merrel Callaway and the Mayor of said city, and their successors in office, shall constitute a permanent board of education, to be styled the Board of Public Education for the City of Americus, whose design and purpose shall be the direction, management and superintendence of the public education of the children of Americus. And under the name and style aforesaid, shall be and they are hereby created a body politic and corporate, with perpetual succession, for the purpose aforesaid; and as such, shall have full power and authority to devise, establish and modify, from time to time, a plan and system of education for the children of the city of Americus, and to superintend the same; to appoint, suspend and remove teachers of said children, and to provide school-houses; to make by-laws, rules and regulations for their own government, and

Page 110

for the government of the teachers and schools under their superintendence; to designate and elect officers of the said board, and to fill vacancies, in any manner whatever caused, either among officers or members of said board, and to 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; and they, as such body corporate, and by the name and style aforesaid, may sue and be sued, and may have a common seal, and otherwise 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. Board of education. Design and purpose of. Body corporate. May establish system of education. May appoint teachers. May elect officers of board. May take and hold property. May sue, use seal, etc. 4. Sec. III. That the Mayor and City Council of Americus shall have power and authority to impose and collect the requisite taxes, and are hereby authorized to issue and negotiate the requisite bonds, or otherwise engage the credit and apply the services of the city to raise such revenue for the establishment and maintenance of such public schools as may be established by said board of education, and as may be required of them for said purpose; the direct taxation for said purpose not to exceed one per cent. per annum on the taxable property of said city. Tax may be imposed. 5. Sec. IV. That said board of education shall establish under the authority herein granted, separate schools for white children and separate schools for colored children. White and colored children, separate schools for. 6. Sec. V. Whenever the public school or schools are established and organized according to the provisions of this Act, the property of the citizens of Americus shall be exempted from taxation by the authorities of Sumter county, for the purpose of establishing and maintaining public schools in the county of Sumter, outside of said city; and that said exemption shall continue as long as the public schools are kept up in said city. Property exempt from tax for county school purposes. Sec. VI. Repeals conflicting laws. Approved February 13th, 1873. No. CX.(O. No. 235.) An Act to amend and revise the several Acts granting corporate authority to the City of Americus, and to consolidate the same, and for other purposes therein named . 7. 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 corporate limits of the city of Americus, in the county of Sumter, shall extend and embrace a radius of one mile, making the Court-house the centre: Provided , no liability shall occur to the city to keep up, repair, or build bridges, or a causeway, or turnpike across the Muckalee creek, said duties being as heretofore in the county officers. Corporate limits. Proviso.

Page 111

8. Sec. II. That the municipal government of the city of Americus shall consist of a Mayor and six Aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and City Council of Americus, 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 Americus, any estate or estates, real or personal, of whatsoever kind or nature, within the jurisdictional limits of the city of Americus, and shall, by the said name, be capable of suing and being sued in any Court of law or equity in this State, and shall succeed to all the rights and liabilities of the corporation of the city of Americus. Mayor and Aldermen. Corporate name. General powers. 9. Sec. III. That an election shall be held in the Council chamber of the city of Americus on the Wednesday preceding the third Saturday in December, annually, for a Mayor and six Aldermen, and a Clerk and Treasurer to serve one year, and until their successors are elected and qualified, and the polls of which election shall be opened at nine o'clock A. M. and closed at four o'clock P. M. Election of Mayor and Aldermen. 10. Sec. IV. That all male citizens qualified to vote for members of the Legislature, and who shall have paid all taxes legally imposed and demanded by the authority of the city, and shall have resided thirty days within the jurisdiction of the city prior to the opening of the registration list and registered as hereinafter provided for, shall be qualified to vote at said election for Mayor, Aldermen and a Clerk and Treasurer; and to enable all legal voters to register, the Clerk and Treasurer is required to open a list for the registration of voters on the first Monday in November in each year, which list shall be kept open from nine o'clock A. M. until twelve M., and from two o'clock until five o'clock P. M. each and every day (Sundays excepted) until Monday preceding the election, when it shall be finally and absolutely closed. Who may vote. Registration. 11. Sec. V. That it shall be the duty of the Clerk and Treasurer, upon the application in person, and not by proxy, of any person entitled to register as aforesaid 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 and Treasurer opposite the name of each applicant, and the Clerk and Treasurer may in any case administer an oath to the applicant touching his right to register. Clerk and treasurer, duties of. 12. Sec. VI. That it shall be the duty of the Clerk and Treasurer or other officer to arrange and publish a list of the names registered in alphabetical order in one of the gazettes of the city, between closing the list and the day of the election, and to affix and keep an alphabetically printed list of the names registered for one day at least, at the Court-house door, preceding such election. Alphabetical lists of voters to be published. 13. Sec. VII. That it shall be the duty of the Clerk and Treasurer of Council to furnish to the managers presiding at the election

Page 112

of Mayor, Aldermen and Clerk and Treasurer of Americus, 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 certified under the hand of said Clerk and Treasurer and the corporate seal of the city, which list shall be kept before presiding managers during such election, and when such election is over it shall be deposited in the office of said Clerk and Treasurer of Council to be safely by him kept. 14. Sec. VIII. 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 Georgia one year immediately preceding this election, and one month within the corporate limits of the city of Americus 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 election, that you are twenty-one years of age, that you have paid all taxes due the city of Americus, that you have made all returns required by the ordinances of the city, so help you God. Oath of applicants for registration. 15. Sec. IX. That any person voting or attempting to vote at such an election, not qualified to vote, shall be guilty of a misdemeanor, and on conviction before the Superior Court of Sumter county shall be punished by fine or imprisonment, or both, as prescribed in section 4245 of Irwin's Revised Code. Penalty for illegal voting. 16. Sec. X. That the foregoing election shall be held under the superintendence of a Justice of the Peace and two freeholders, or three freeholders who shall be appointed by the City Council, and each of said managers, before entering upon his duties, shall take an oath before some Justice of the Peace or other officer duly qualified to administer an oath, that he will faithfully and impartially conduct said election and prevent all illegal voting to the best of his skill and power. Election managers. Oath of. 17. Sec. XI. That any person or persons receiving the highest number of votes at said election for Mayor, Aldermen and Clerk and Treasurer, respectively, shall be declared elected. Who shall be declared elected. 18. Sec. XII. That after the votes for Mayor, Aldermen and Clerk and Treasurer at any election shall have been counted by the managers, they shall cause two certified tally sheets to be made out, one of which shall be handed over to the Mayor for the time being, and the other retained by the managers, and as soon as the Mayor aforesaid shall be informed of the result of the election, he shall caused the persons to be notified of the same; and the persons elected as aforesaid shall attend on the first Wednesday 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 the following oath before a Justice of the Peace for the county of Sumter: I, A B, do solemnly swear that I will well and truly perform the duties of Mayor, a member of the Council, as the case

Page 113

may be, of the City Council of Americus, by adopting such measures as shall, in my judgment, be best calculated to promote the general welfare of the inhabitants of the city of Americus, so help me God, and shall forthwith enter upon the duties of their offices. Newly elected Mayor and Aldermen, inauguration of. Oaths. 19. Sec. XIII. 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 subject to be indicted before the Superior Court of Sumter, 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 paid to the City Treasurer for the use of the city. Malpractice in office. Penalty for. 20. Sec. XIV. That no person shall be eligible to the office of Mayor of the city of Americus unless he be of the age of twenty-five years, a citizen of the United States, and shall have resided in said city one year immediately preceding his election, and no person shall be eligible as a member of Council unless he shall have attained the age of twenty-one years, and shall have resided in said city one year immediately preceding his election, and shall have the other qualification prescribed in the case of the Mayor. Mayor, who is eligible. Who eligible to the office of Alderman. 21. Sec. XV. That said Mayor and Council of the city of Americus shall have full 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. Marshal and other officers, appointment of, etc. 22. Sec. XVI. That the Mayor and the members of the Council shall be bound to keep the peace, and shall be ex officio Justices of the Peace, so as to enable them to issue warrants for offenses committed within the jurisdiction of the city of Americus, and shall have full power on examination to commit the offender or offense to jail or to the guard-house in said city, or to bail them, if the offense be bailable, to appear before the Superior Court of the county of Sumter. Mayor and Aldermen may issue warrants, etc. 23. Sec. XVII. That the said Mayor and Council of Americus, or a majority of them, shall have power and authority to levy and collect a tax upon all and every species of property, real or personal, within the limits of the city of Americus, upon banking or insurance capital employed in the city of Americus, and upon bank or insurance agents, upon factors and brokers; and the Mayor and Council of said city shall have power to levy and collect a tax, either specific or a per cent. upon receipts, upon all express companies which have an agency within said city, and upon all storehouses; also, to levy and collect a tax upon salaries and incomes derived from property within the city, and upon gross sales within the city, upon all goods, wares or merchandise; they shall have power to levy and collect a tax upon all professions: Provided , said tax shall not exceed ten dollars per annum upon each person exercising

Page 114

such profession; they shall have power to levy and collect a tax upon all agents or managers of gift enterprises, and upon all other persons, exercising within the city any trade or calling, or business of any nature whatever: And further , that each agent of any express company shall be liable for the tax assessed against such company thus to raise such sum or sums of money as may be necessary for the support and good government of the city in all its internal regulations, and for the payment of the debts thereof: Provided , that the tax levied on real estate and stock in trade shall not exceed one dollar on every hundred dollars in value: And further provided , that all lands used within said corporate limits exclusively for farming purposes, shall be exempt from city or corporation tax. Taxes. 24. Sec. XVIII. That said Mayor and City Council, or a majority of them, shall have full power and authority to levy and collect a tax on all real or personal property within said city of one per cent. as a public school fund, to be used at their discretion. The said Mayor shall have power to sentence any defaulter for the non-payment of taxes due said city, to work on the streets for a number of days sufficient to pay all taxes assessed against him at fifty cents per day, if the city provides rations, and at one dollar per day if the party provides his own rations. Taxes for school purposes. 25. Sec. XIX. That the Mayor and City Council of Americus shall have power and authority to levy, in addition to other taxes, a tax not exceeding three dollars upon each and every person in the city of Americus between the ages of twenty-one and forty-five years, as a street tax: Provided , that the person so taxed shall have an opportunity to work the streets, and may relieve himself of said tax by working on the streets for six days under the direction and control of the marshal of the city. Street tax. 26. Sec. XX. That the said Mayor and Council of Americus shall have full power and authority to remove or cause to be removed any building, posts, steps, fence or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks or public squares of the city. They shall, further, have power to establish a market, or markets, in the city of Americus, and to pass such ordinances as may be necessary and proper for the regulation of the same. They shall have power to regulate all 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 the sale of fresh meats within the city, and not at slaughter houses. They shall have power to license, regulate and control all taverns and public houses within the city. They shall have power to license drays and other vehicles, 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; also, power to remove or cause to be removed all dilapidated buildings, fences, etc., which may be considered dangerous or deemed a nuisance. Nuisances, etc., Mayor and Council may abate. Markets. Butcher pens. Licenses.

Page 115

27. Sec. XXI. That the said Mayor and City Council of Americus shall have power to license and appoint annually as many auctioneers or vendue masters for the city as they may deem proper, and to receive from each the sum of fifty dollars, as fixed by law; and they shall further have power to levy a tax upon all goods sold at auction in said city, to be paid by the auctioneer; and further, that the Mayor and City Council shall have power and authority to license all other establishments not herein provided for and not otherwise taxed. Auctioneers, etc., license of. 28. Sec. XXII. That the said Mayor and Council of Americus shall have the sole and exclusive rights of granting license to retail liquors in the city of Americus, and of fixing the rates of such license, and the terms upon which they shall issue; of declaring said licenses void when said terms are not complied with. They shall have power to regulate and control all ten-pin alleys within the city, and to remove the same when they become nuisances to the neighborhood. Liquor, license to sell. 29. Sec. XXIII. That the said Mayor and Council of the city of Americus shall have power to tax all theatrical performances and exhibitions, or shows of any kind, within the limits of the city. Theatrical shows, etc. 30. Sec. XXIV. That the Mayor and Council of the city of Americus shall also have power to pass all ordinances, rules and regulations necessary and proper for the good government and subjection of all persons whatever within the city, and the marshals and such other persons as the Mayor and Council shall appoint are hereby vested with the full power and authority of patrols in said city, and said Mayor shall have control over the organization; and volunteer or military companies within the city, for the purpose of preserving good order and law, and for the protection of property. Ordinances, rules, etc. Patrols of the city. Volunteer companies. 31. Sec. XXV. That the said Mayor and Council of the city of Americus shall have power to remove any forge or smith-shop, where, 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. Blacksmith shops, etc. 32. XXVI. That the said Mayor and Council of the city of Americus shall, during the month of April, in each year, appoint seven fit and proper persons, who shall constitute the board of health of said city. It shall be the duty of said board of health, four of whom shall constitute 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 of any neighborhood, 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, powers and duties of. 33. Sec. XXVII. That the said Mayor and Council of the city of Americus, upon the recommendation of the board of health, shall

Page 116

have power and authority to cause the owners of lots within the said city to drain the same or to fill the same to the level of the street, 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 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, to be collected from said lot or any other property belonging to him; and a sale under said execution, by the Marshal, shall pass the title of the property sold as completely as a sale under a judgment and execution by the sheriff. Drainage and filling in of lots 34. Sec. XXVIII. That the said Mayor and Council of the city of Americus shall have power to fill any vacancies which 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, for any act done by them under its provisions, and of the ordinances passed in pursuance of it. Vacancies in the board of health. 35. Sec. XXIX. That the said Mayor and Council of the said city of Americus 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 proper regulation of stock within the city. Horses, mules, cattle and hogs may be impounded. 36. Sec. XXX. That the said Mayor and Council of the city of Americus shall have power to establish and regulate a city guard, who shall have the right to take up all disorderly persons, all persons committing or attempting to commit any crime, and to commit them to the guard-house, to await their trial the next day. City guard. 37. Sec. XXXI. That the said Mayor and Aldermen of the city of Americus shall have power to impose fines for the violation of any ordinance of the city, passed in accordance with this charter, to the amount of fifty dollars, and to imprison offenders in the common jail of Sumter, or in the guard-house of said city, for the space of thirty days; the said fines, after being regularly assessed, shall be collected by execution to be issued by the City Treasurer against the estate of the said offender, if any to be found. [The Mayor of said city shall have power to sentence any persons violating any ordinance of said city, passed in accordance with the incorporating Act and its amendments, to work on the public streets for thirty days or less, instead of to the guard-house or jail for the same time.] Violators of ordinances, how to be dealt with. 38. XXXII. That no person or body corporate shall at any time open, lay out or extend any street, alley, lane or open square, contrary to the original plan of the 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

Page 117

of the Council thereon. The Mayor and City Council of said city shall have power to open and lay out, within the limits of said city, such streets as they may deem proper for the good of the city, upon paying to the owner or owners of the land through which the proposed street is to be laid out the value of the land to be used in laying out said street. In case said Council and the owner of any land through which any street is to be opened cannot agree upon the value of the land to be used, the Council shall choose one citizen, the party owning the land one, the two so chosen a third, and the three so chosen shall decide the value of the land proposed to be taken, which decision shall be final. Streets, alleys and lanes, extension of. Streets, alleys, etc., how opened or laid out. 39. Sec. XXXIII. That the said Mayor and Council of the city of Americus shall have power to appoint inspectors of the weights and measures in use in said city, and to fix the fees for the same, which shall be paid by the parties using said weights and measures. Inspectors of weights and measures. 40. Sec. XXXIV. That it shall be the duty of the Marshal of said city, upon notice in writing from 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 Americus, and in case any offense shall be committed in presence of the said Marshal, or within his knowledge, it shall be his duty to prosecute without such notice. Offenders, Marshal to prosecute. 41. Sec. XXXV. That the said Mayor and Council of the city of Americus shall have power, if in their discretion they see proper, to appoint assessors to value the real estate of said city for taxation, and all taxes levied by said Mayor and Council shall be collected by the Treasurer of the city; and if, after giving twenty days' notice at the most public place in said city of the day on which his books will be closed, there shall be a defaulter or defaulters, the Treasurer is hereby authorized to issue an execution against the property of any such defaulter, directed to the City Marshal, who may proceed to levy the same, and, after advertising for thirty days, shall sell the property levied on, before the city hall door, on a regular sheriff's sale day, and between the legal hours of sheriff's sales; the said Marshal shall put up said property and offer the same in parcels un-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 was issued. Assessors of real estate. 42. Sec. XXXVI. That the Clerk and Treasurer of the city of Americus shall give bond in the sum of six thousand dollars, with two good securities, conditioned for the faithful performance of his duty 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. Treasurer and Clerk to give bond. 43. Sec. XXXVII. That the Acts heretofore passed, incorporating the town of Americus, together with all laws militating against this Act, be and the same are hereby repealed. Previous laws repealed.

Page 118

44. Sec. XXXVIII. That hereafter, when any fi. fa. , issued by the corporate authorities of said city 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 the fi, fa. , that said claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases; and the said claim shall be returned and tried before a jury in the first Justice's Court or Superior Court having jurisdiction thereof, as the case may be. Fire limits. Fi. fas. for fines, etc. 45. Sec. XXXIX. That said Mayor and Council shall have power to fix and establish fire limits, and from time to time enlarge, restrict or change the same, within which fire limits as established, it shall not be lawful for any one to build, or cause to be built, any other than fire-proof buildings, except by special permission of Mayor and Council, which must be unanimous; and in case of an offense against ordinances passed in pursuance of this Act, the said Mayor and Council, after five days' notice given, shall cause the said not fire-proof buildings to be removed at the expense of the owners or builders thereof, and the said Mayor and Council shall have the right to determine what are or are not fire-proof buildings. Fire proof buildings. 46. Sec. XL. That the said Mayor and Council shall have power to compel owners and lessees of property to have or otherwise keep in order, as Council may direct, the sidewalks in their front; for neglect or refusal to do so, the parties to be fined, and the work done at the expense of the city, the amount of execution against said owners or lessees to be collected by the City Marshal. Side walks. 47. Sec. XLI. That the Mayor, who presides in the Mayor's Court, shall have authority to call said Court as often as may be necessary to clear the guard-house and dockets of the Court. Mayor's Court. Approved February 22d, 1872. No. CXI.(O. No. 304.) An Act to alter and amend the Charter of the City of Atlanta, and for other purposes. 48. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That from and after the passage of this Act, the Mayor of the city of Atlanta, for the time being, shall have the revision of all ordinances, orders and resolutions passed by the Council, where such order, ordinance or resolution directs, contemplates or authorizes the payment of any sum over two hundred dollars by the city, or liability for the same, and the Mayor shall have four days after the meeting, at which the Council voted thereon, in which to file with the Clerk, in writing, his dissent; but the Council may, at the next meeting after said dissent is filed, pass the said

Page 119

order, ordinance or resolution, notwithstanding the veto by vote of two-thirds, to be taken by yeas and nays, and entered on the journal. In the absence of the Mayor, this power may be exercised by the presiding officer for the time being: Provided , such veto power shall not be used to prevent the Mayor and Council, by a majority vote, as heretofore practiced, from submitting to a vote of the people the question of further aid by the city to the Georgia Western Railroad, as now authorized by law, nor to prevent the will of the people of said city, as the same may be expressed at said election, from being carried into effect. Revision of ordinances, Mayor to have in certain cases. Mayor shall exercise the veto power within four days. Two-thirds vote may pass ordinance over veto. Proviso. 49. Sec. II. That said Mayor and Council are hereby authorized to farm out all persons sentenced to imprisonment for violating the ordinances of said city, in the same manner and upon the same terms as the Ordinaries of this State are authorized to farm out convicts. Convicts may be farmed out. 50. Sec. III. The present Council shall have power to fix the salary of the Mayor, in their discretion, for the present and current year, not exceeding, in amount, the salary of the last Mayor. Salary of the Mayor. 51. Sec. IV. That the board of health of the city of Atlanta may exercise the same power as is now vested in the Mayor and Council of said city, relating to the abatement of nuisances which are likely to endanger the health of said city, or any neighborhood therein, to such extent and under such regulations and restrictions as may be prescribed by said Mayor and Council: Provided , that nothing in this section shall be so construed as to divest the power to cause such nuisances to be abated which the said Mayor and Council now have. Nuisances, power to abate given to board of health. Approved February 24th, 1873. No. CXII.(O. No. 203.) An Act to amend an Act entitled An Act to establish a City Court in the city of Atlanta, approved December 15 th , 1871, and to amend an Act entitled An Act to provide for the payment of jurors serving in the City Court of Atlanta, approved August 24 th , 1872. 52. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted , That whenever a prosecution may be commenced in the Superior Court of Fulton county against any person or persons charged with the commission of an offense in the city of Atlanta, not punishable by death or imprisonment in the penitentiary, the same may be transferred to and tried in the City Court of Atlanta, at the discretion of the presiding Judge of said Superior Court, and the same may be tried in said City Court upon the indictment found in the said Superior Court, and the Clerk of the said Superior Court shall transfer all the papers in the cause to the said City Court. Indictments for misdemeanor may be transferred from Superior to City Court. 53. Sec. II. That the sheriff shall furnish as many bailiffs for said City Court as may be deemed necessary by the presiding Judge

Page 120

thereof, not to exceed three, said bailiffs to be paid out of the fines and forfeitures of said City Court. Bailiffs. 54. Sec. III. That the first section of an Act entitled An Act to provide for the payment of jurors serving in the City Court of Atlanta, approved August 24th, 1872, be and the same is hereby amended so as to allow said jurors one dollar per day for their services, and not two dollars per day, as heretofore allowed. Pay of jurors. 55. Sec. IV. That such compensation shall remain fixed at the sum of one dollar per diem, as aforesaid, subject to be increased or diminished by the action of the grand jury of Fulton county, as in case of the per diem of jurors of the Superior Court of said county. Compensation of jurors, grand jury may increase or diminish. 56. Sec. V. That said City Court, in addition to its regular sessions as provided for in the Act approved December 15th, 1871, of which this is amendatory, shall sit at all times when necessary for the trial of criminal cases, and the defendant in any criminal case tried in said City Court at any other time than at one of said regular sessions, may except to any sentence, judgment or decision of said City Court, and carry the case to the Supreme Court of this State, under the same rules and regulations as are contained and referred to in section forty-five of the Act of December 15th, 1871, of which this is amendatory, except that the bill of exceptions shall be tendered to the presiding Judge within thirty days from the date of the sentence, judgment or decision. Court sit at any time to try criminal cases. Bills of exceptions. Approved February 21st, 1873. No. CXIII.(O. No. 83.) An Act to alter and amend an Act to incorporate the City of Augusta. 57. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That, in addition to the powers enumerated and now enjoyed under the provisions of the third section of said Act, the City Council of Augusta shall have power to purchase, hold, lease or sell all kinds of property within and without the limits of said city, for the use and benefit of the city of Augusta, and to confirm their titles to property already acquired, and to be acquired, on the line of the Augusta Canal. City Council of Augusta may purchase, lease, sell, etc., real estate. Sec. II. Repeals conflicting laws. Approved February 19th, 1873.

Page 121

No. CXIV.(O. No. 176.) An Act to amend the Act creating a City Court for the City of Augusta, and the several Acts amendatory thereof, and for other purposes. 58. Section I. The General Assembly of the State of Georgia enacts , That from and after the passage of this Act, the Mayor of the city of Augusta shall be required to furnish two policemen to act as bailiffs during the sessions of the City Court of Augusta. Bailiffs for City Court. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CXV.(O. No. 284.) 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 th , 1870. 59. 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 section two of the above recited Act be and the same is hereby amended by the addition of the following words, viz.: And that the boundary lines of the 123d district, Georgia Militia, be so changed as to exclude from the limits of said district the territory so annexed to the said wards of the city of Augusta. Limits of Augusta, how changed. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CXVI.(O. No. 202.) An Act to allow the Recorder of the City of Augusta to charge and collect the same fees as are allowed by law to Magistrates, in certain cases. 60. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the Recorder of the city of Augusta shall be allowed the same fees as are allowed Justices of the Peace, in all cases brought before said Recorder, where the defendant is bound over for trial in the Superior Court, City Court, or other judicatory, having cognizance of the offense with which said defendant is charged, and shall have the same remedies for the collection of said fees as are now or may hereafter be allowed the Justices of the Peace in said city. Recorder, fees of.

Page 122

61. Sec. II. That the officer or member of the police force of said city, making the arrest and executing the process of said Recorder, in the cases above specified, shall be allowed the same fees as are allowed constables for like services, and shall have all and singular remedies now or hereafter allowed constables in said city for the collection of their costs. Arresting officers, fees of. Sec. III. Repeals conflicting laws. Approved February 21st, 1873. No. CXVII.(O. No. 183.) An Act to authorize the City Council of the city of Bainbridge to issue and sell forty thousand dollars of the bonds of said city, and to authorize the levy and collection of a tax to pay the interest thereon, and for other purposes. Whereas, during the year 1867 the Mayor and Aldermen of the city of Bainbridge, Georgia, issued, in accordance with law, bonds of said city to the Atlantic and Gulf Railroad, said bonds amounting to fifty thousand dollars, and falling due in 1877. And whereas, no provision has been made by said Mayor and Aldermen to pay said bonds when due; and whereas, with the interest on said bonds and the current expenses of said city, it would be exceedingly onerous upon the citizens if a sufficient tax were levied to pay the interest, expense and said bonds at maturity. Preamble. 62. Section I. Be it, threfore, enacted by the General Assembly of the State of Georgia , That the Mayor and Aldermen of the city of Bainbridge are hereby authorized, for the purpose of meeting said outstanding bonds, to issue and sell new bonds of said city, to the amount of forty thousand dollars, to be signed by the Mayor and Clerk of Council, with the seal of the city attached, and to bear such rate of interest, not to exceed ten per cent., as they may deem best, said bonds to run from five to thirty years; and the said Mayor and Aldermen shall levy and collect a special tax to pay the interest on said bonds, as may be required, and provide a fund of at least one thousand dollars in each and every year for its payment, which fund shall be invested in said bonds, or bonds of the United States, or of the State of Georgia. Bonds, city of Bainbridge may issue. For what purpose. Sec. II. Repeals conflicting laws. Approved February 21st, 1873.

Page 123

No. CXVIII.(O. No. 224.) An Act to amend an Act entitled 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. 63. Section I. The General Assembly of the State of Georgia do enact, as follows: That from and after the passage of this Act, the above named Act be so amended as to strike out the words within one mile in the fourth line of the first section of the same and insert in lieu thereof the words within one half mile. Charter of Hampton amended. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CXIX.(O. No. 222.) An Act to make valid and binding a subscription heretofore made by the Mayor and Aldermen of the town of Butler to the Johnson Institute, in said town, and to make valid and binding the bonds which have been or may hereafter be issued by said Mayor and Aldermen to raise money to pay said subscription, and to authorize the Mayor and Aldermen of said town to levy and collect a tax annually for the purpose of paying the principal and interest of said bonds. Whereas, The Mayor and Aldermen of the town of Butler, county of Taylor, did heretofore, on the 5th day of October, 1872, pass an ordinance allowing the Mayor of said town to subscribe for two thousand dollars stock in the Johnson Institute, and authorizing the Mayor of said town to issue bonds to the amount of twenty-three hundred dollars, with coupons attached thereto for the interest accruing thereon, to pay for said stock, and the qualified voters of said town having, on the 11th day of October, 1872, at an election held for that purpose, ratified said ordinance: Preamble. 64. Section I. The General Assembly of the State of Georgia do therefore enact, and it is hereby enacted by the authority of the same , That the subscription for stock heretofore made by the Mayor of said town of Butler in the Johnson Institute in said town, and the bonds and interest coupons issued by the Mayor of said town, or which may hereafter be issued by said Mayor to raise money to pay for said stock, be and the same are hereby made and declared legal and valid, and shall be held binding upon the said corporation of the town of Butler, according to the original purpose, terms, tenor and effect of the original ordinance. Subscription to Johnson Institute legalized. 65. Sec. II. That the Mayor and Aldermen of the town of Butler shall have and are hereby invested with the full power and authority

Page 124

to levy, assess and collect annually, including the present year, a tax upon and from the persons residing in said town, or doing business of any sort therein as a trade or calling, and upon all real and personal property lying and being in the corporate limits of said town, and upon all other items and subjects liable to taxation in said town by the laws now of force, which tax shall be levied and collected in such manner as has been or may be prescribed by the Mayor and Aldermen of said town for the collection of taxes, and which shall be appropriated to the payment of the interest and principal of said bonds as the same may become due and payable. Bonds, tax authorized for the payment of the principal and interest on. 66. Sec. III. That should the charter and municipal government of said town be lost or forfeited by reason of non-user, or from any other cause whatever, the Ordinary of Taylor county is hereby authorized, empowered and required to levy and collect the tax set forth and mentioned in the two preceding sections of this Act, and appropriate the same to the payment of the principal and interest of said bonds, in the same manner and to the same purpose and effect as is required of said Mayor and Aldermen in said preceding sections, said tax to be collected in the same manner as State and county taxes are now collected. If charter of town is lost, how bonds are to be paid. Sec. IV. Repeals conflicting laws. Approved February 21st, 1873. No. CXX.(O. No. 76.) An Act to incorporate the City Water Works of Cartersville, and to authorize the Mayor and Council of said city to subscribe to the stock of said company; to issue the bonds of said city to pay for any subscription they may make, and to levy a tax to pay such bonds and the interest thereon, and for other purposes. 67. Section I. The General Assembly of the State of Georgia do enact , That Robert A. Crawford, J. Watt. Harris, William T. Wofford, John A. Erwin, Thomas W. Milner, W. E. Edwards, S. H. Smith, John J. Howard, W. W. Leake, A. P. Wofford, R. C. Roberts, Nelson Gilbreath, M. B. McGinty, D. W. K. Peacock, J. C. Mattox, R. A. Seale and their associates, be and they are hereby created a body corporate, under the name and style of the Cartersville City Water Works, and as such corporation shall have such rights and powers as are necessary to carry out the objects of said corporation. Corporators. Corporate name. 68. Sec. II. That said corporation shall have power to build and construct, to keep and use a water reservoir within the limits of said city, or at a convenient distance therefrom, together with such conduit pipes, viaducts, plugs, hydrants, cisterns, tanks and other water appliances as may be necessary to have and secure an increased supply of water within the limits of said city, and to convey the same

Page 125

to and through said city, or any part thereof, for protection against fire, as well as for domestic and other uses; and may acquire, hold and use all such land and other property as they may find necessary for the objects of their incorporation. Water reservoir. Pipes, viaducts, etc., may be run through the city. 69. Sec. III. That the capital stock of said company shall be such sum as may be necessary for the construction of said water works, and the purchase of such property as may be required therefor; and the same shall be divided into shares of not less than twentyfive dollars each. Capital stock. Shares. 70. Sec. IV. That said water works may have continued succession, and shall be capable in law of suing and being sued, answering and being answered unto, and they and their successors may have a common seal, and change and alter the same at pleasure, and shall have authority to sell, let or lease water privileges to any citizen, firm, corporation or company, and to charge and collect such sum as may be agreed on. General powers of the corporation. 71. Sec. V. That the Mayor and Council of the city of Cartersville may subscribe to the stock of said company, solely on account of said city, and to pay such subscription as said Mayor and Council shall make; they may issue the bonds of said city on such terms as they may determine, and in such amount as they may deem best, not to exceed the amount of ten thousand dollars; said bonds, with the interest thereon, to be paid from the general taxes and resources of the city, or if by them deemed advisable, they may levy and collect a special tax for the interest and redemption of said bonds: Provided , that before any subscriptions of stock to said company by the Mayor and Council of said city shall become binding on the same, the question of subscription or no subscription, with the amount proposed to be subscribed, shall be submitted to the legal voters of the city for their ratification or rejection. Mayor and Council may subscribe to stock of this company. Subscription to be submitted to vote of people. 72. Sec. VI. That the business of said company shall be managed by seven directors, who shall hold their offices for one year, or until others are chosen in their places. The election of directors and other officers shall be annual, and each share shall represent one vote; and the directors shall elect a president from their own board, a secretary and treasurer, and such other officers as they may deem necessary; and they may make and ordain such by-laws and regulations as they may deem necessary for the proper management of their business, not inconsistent with the provisions of this Act and the laws of this State. Directors. President. By-laws, etc. 73. Sec. VII. That the directors may require payments of the subscriptions to the stock at such time and in such proportions as they may see fit, under the penalty of forfeiting all stock and previous payments thereon; or they may sue for and recover all such unpaid subscriptions, in which event no forfeiture of stock shall accrue; notice of the time and place of said payments shall be left at the residence or place of business of each stockholder at least four weeks previous to the time of payment. Defaulting subscribers. 74. Sec. VIII. That in case of vacancy in the directory, the same may be filled by the remaining directors. Vacancies.

Page 126

75. Sec. IX. That the corporators herein named, or any three thereof, may open books of subscription at such time and place in the city of Cartersville as they may determine, first giving notice of the same by advertisement in the Cartersville Standard and Express. Books of subscription. 76. Sec. X. That any person who shall willfully or maliciously destroy or injure any of the works or property of said company shall be deemed guilty of a misdemeanor, and may be punished by fine or imprisoment or both, in the discretion of the Court; and shall be liable for damages, to be recovered in any Court having competent jurisdiction, with costs. Penalty for injury to property of company. 77. Sec. XI. That in case said company cannot agree with the owner as to the price to be paid for the right of way to or from said reservoir, or the purchase of any lot or other property necessary to secure the water for the purposes herein provided by this Act, the same shall be assessed by five persons, citizens of the county of Bartow, to be appointed by the Ordinary of said county, with the right of appeal to either party to the Superior Court of said county, to be determined by a special jury; and the operations of said company shall not be impeded or delayed by reason of such disagreement. Right-of-way. 78. Sec. XII. That for the purpose of securing a sufficiency of water for propelling machinery and manufacturing purposes, the aforesaid Cartersville City Water Works Company shall have authority to construct a canal from the Etowah river to or through the corporate limits of said city; and the water of said canal may have outlet back to the Etowah river, with the waters of Petits creek; and the Mayor and Council of the city of Cartersville may subscribe to the stock thereof, subject to a vote of the legal voters, as hereinbefore provided; and provided, further , that such subscriptions shall not exceed the sum of fifty thousand dollars. Canal from Etowah river. Sec. XIII. Repeals conflicting laws. Approved February 19th, 1873. No. CXXI.(O. No. 181.) An Act to amend an Act to incorporate Cedar Town, in the county of Polk, and to appoint Commissioners for the same, and for other purposes therein named. 79. Section I. Be it enacted by the General Assembly of the State of Georgia , That the second section of the above recited Act be so amended and altered as to read as follows: That the said town of Cedar Town is hereby incorporated, and the limits of the incorporation shall extend one mile in every direction from the centre of the Court-house. Corporate limits. Approved February 21st, 1873.

Page 127

No. CXXII.(O. No. 163.) An Act to incorporate Cole City, in the county of Dade, in this State. 80. 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 village or association of persons residing at the Dade Coal Mines, operated by Joseph E. Brown, William C. Morrill, John M. Born, jr., Walter S. Gordon and others, be and the same is hereby incorporated under the name of Cole City, (in honor of Colonel E. W. Cole,) with the power to elect such commissioners, five in number, as they may think proper, and to establish all municipal laws and regulations necessary to the peace, government, sobriety and good order of the inhabitants of said city, not in conflict with the Constitution of the United States or the Constitution and laws of this State, with the power to punish all disorderly persons and all offenders against the peace, good order, morality or sobriety of said city, and to do all lawful acts necessary to maintain good order, peace and sobriety in the same. Cole City, commissioners for. Municipal laws and regulations. Punishment of offenders. 81. Sec. II. That said board of commissioners, as soon as they are elected, shall select one of their number as president of the board. President. 82. Sec. III. That the corporate limits of said city shall extend two miles in every direction from the present main entrance of the coal mine now operated by the Dade Coal Company, over which said territory the said commissioners shall have jurisdiction for the purpose of maintaining good order, sobriety and peace among the miners engaged in working said coal mine, and the inhabitants of said city. Corporate limits. 83. Sec. IV. That said commissioners shall have no power to impose a tax upon any lands within said city that are used for agricultural purposes, or for any other purpose, unless they are occupied by some person, a resident of said city, engaged in pursuits other than agricultural. City tax. Sec. V. Repeals conflicting laws. Approved February 21st, 1873. No. CXXIII.(O. No. 55.) An Act to vest the title to the Common of the city of Columbus in Commissioners, to sell the same, and apply the proceeds to certain purposes. Whereas, By reason of the growth of the city of Columbus, the increase of the population and the diversity of pursuits now being introduced in said city, while the demands of an increased area being very urgent; and, whereas, the said commons cannot be sold without a grant from the State authorizing the sale thereof: Preamble.

Page 128

84. Section I. 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, the title in fee-simple to the lands known as the commons of the city of Columbus be and the same is hereby vested in H. H. Epping, J. Rhodes Brown, Charles A. Redd, Benjamin F. Coleman, Columbus C. Coly, Henson S. Estes, James K. Redd, William L. Salisbury, Bennett H. Crawford, John Peabody, and the Mayor of the city of Columbus, (who shall be an ex officio member of the board of commissioners,) the aforesaid parties to constitute a board of commissioners, to have and to hold said property in trust, for the purpose hereinafter specified. Commons of Columbus vested in commissioners. To be held in trust. 85. Sec. II. That it shall be the duty of the aforesaid commissioners to have the aforesaid commons surveyed and laid off in lots suitable for building lots; and they are empowered to sell or lease the same, giving titles to the same; but shall not sell to any person, except for manufacturing purposes, more than one acre. Commissioners shall sell. 86. Sec. III. That the said commissioners be empowered to reserve or set aside so much of the said commons as they may deem proper, for parks and for school and church purposes; and that all of said common shall be exempt from any taxes until actually sold or leased. May reserve portion of common for parks, etc. 87. Sec. IV. That it shall be the duty of the said commissioners, within a reasonable time after each sale, to turn over and account to the city treasurer of said city for the amount realized from the sale or lease of the same, which sum is to be applied as follows: Three-fourths of the same to the payment of the bonded debt of the city of Columbus, and the remaining one-fourth for educational purposes. Proceeds of sale, disposition of. 88. Sec. V. That the said board of commissioners shall fill, by election or appointment, all vacancies that may occur in the said board from death, removal from the said city, resignation, malfeasance, or otherwise, and that said commissioners shall have and receive no remuneration for any services rendered by them as commissioners. Vacancies in board, how filled. Sec. VI. Repeals conflicting laws. Approved February 18th, 1873. No. CXXIV.(O. No. 287.) An Act to provide for the payment of a portion of the fund raised for the payment of the debt due to Teachers, to the Treasurer of the City of Columbus, and also to provide for the payment of a portion of any School Fund to the said Treasurer. 89. Section I. Be it enacted, by the General Assembly of the State of Georgia , That the State School Commissioner shall so apportion the fund raised for the payment of the debt due to teachers, and also any other fund which may be on hand or may hereafter be realized from any source, as that the amount which would be due

Page 129

upon the basis of the number of children of school age in the city of Columbus shall be ascertained, and submit to the Governor his estimate, who shall, from time to time, draw his warrant upon the State Treasurer in favor of the City Treasurer of said city for the amount of such estimate. How to be paid. Approved February 22d, 1873. No. CXXV.(O. No. 273.) An Act to alter and amend an Act to constitute the town of Cuthbert a City, to provide for the election of officers, define the powers of the several officers of said City, as well as of said Corporation, to extend the limits of Cuthbert, and for other purposes, approved December 9th , 1859. 90. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That from and after the present year, 1873, the Marshal and Deputy Marshal, as provided for in said Act, shall not be elected in the manner as therein provided, but in lieu thereof shall be elected by the Mayor and Council within five days after their election and qualification as in said law provided for, and shall give bond and hold their office for one year, and until their successors are elected and qualified, except in case of death or removal from the city or from office, in either of which events the said Mayor and Council shall elect to fill the unexpired term. The Mayor and Council, if in their discretion they deem proper, may, in lieu of Deputy Marshal, appoint one or more policemen, and may give him or them such designation and title as they may deem proper, with the exception of the alterations herein proposed. The said Marshal, Deputy Marshal or such other police officer as said Mayor and Council may appoint, shall be subject to all the provisions of the original Act, and such other duties as the Mayor and Council may order not in conflict with the Constitution and laws of this State or of the United States. And the Mayor, with the Council or a majority of the Council, may appoint such numbers of police and for such time as may be necessary to protect the peace and quiet of the city. Marshal and deputy, Mayor and Council to elect. Shall give bond. Unexpired terms. Policemen may be appointed. 91. Sec. II. That immediately after the passage of this Act, and at the first regular meeting in each year hereafter of said Council, said Council shall elect a Mayor pro tem. who shall, in the absence of the Mayor from the city, or in case of his sickness, discharge all the duties of Mayor, or in case of the death of the Mayor shall discharge all of said duties as Mayor pro tem. until his successor is elected and qualified. In all meetings of Council where the Mayor pro tem. presides he shall be entitled to a vote. Mayor pro tem. to be elected. May vote, when. 92. Sec. III. That section ten of said Act, approved December 19th, 1859, be and the same is hereby repealed. Section 10 repealed.

Page 130

93. Sec. IV. That the Mayor or such officer or officers as may preside in his absence, shall have the authority to sentence any person or persons convicted of a violation of any ordinance of said city to impose such fine as may be punished by the ordinances of said city; and in lieu thereof or in addition thereto, or in default of payment of fine and cost, to require him or them to work such time on the public streets, as in his or their discretion may be proper, not exceeding sixty days for the first offense, and not exceeding four months for the second offense. Offenders, Mayor may try and punish. Sec. V. Repeals conflicting laws. Approved February 22d, 1873. No. CXXVI.(O. No. 280.) An Act to prohibit the sale of Intoxicating Spirits within two miles in every direction from the town of Dallas, in the county of Paulding, in quantities less than one gallon, except in cases herein specified. 94. 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 unlawful for any person to sell intoxicating spirits of any kind within two miles of the town of Dallas, in the county of Paulding, in smaller quantities than one gallon, except it be to a practicing physician, for medical purposes. Intoxicating liquor, unlawful sale of, within two miles of Dallas. Exception. 95. Sec. II. That any person who shall violate the first section of this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than fifty nor more than five hundred dollars, in the discretion of the Judge. Penalty for violating this Act. Sec. III. Repeals conflicting laws. Approved February 22d, 1873. No. CXXVII.(O. No. 234.) An Act to amend an Act entitled An Act to incorporate the City of Dalton, and to provide for the election of a Mayor and Board of Aldermen and other officers, and the several Acts amendatory thereof, so far as any one or all of them relate to the bringing on of said election, approved December 23d , 1858. 96. Section I. Be it enacted by the General Assembly of the State Georgia , That said above recited Act, and the Acts amendatory thereof, be so amended as to bring said election provided for in said Act on the second Wednesday of December of each and every year,

Page 131

henceforward, under the same rules and regulations recited in said Act, instead of the second Monday in January, therein provided for. Annual election, time of holding changed. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CXXVIII.(O. No. 247.) An Act to authorize the Mayor and City Council of the city of Dalton to levy an extra tax. 97. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Mayor and Council of the city of Dalton be and they are hereby authorized to levy an extra tax, over and above the tax now allowed by law, as shall be sufficient to pay off the interest semi-annually upon the bonds of said city, issued for educational purposes. Extra tax to pay interest on bonds. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CXXIX.(O. No. 50.) An Act to incorporate the Dalton Gas-light and Water Works Company. 98. Section I. Be it enacted by the General Assembly of the State of Georgia , That Edur T. Parker, Shelly Seymour, J. W. Yardley, M. A. Foute, David Bukofzer, I. E. Shumate, and the present and future associates, assigns and successors, be and are hereby constituted a body corporate, in the name, style and title of the City of Dalton Gas-light and Water Works Company, and by that name they and their successors and assigns shall have and may have continual succession, and shall be, in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all Courts whatsoever, and that they and their successors may have a common seal, and may change or alter the same at pleasure; and, also, that they and their successors, by the same name and style, shall be, in law, capable of holding, purchasing, conveying, mortgaging and hypothecating any estate, real or personal, for the use or benefit of said corporation. The said corporation shall exist for a period of thirty years, and its domicil shall be in the city of Dalton, and that said company be served as the law now provides for the perfection of service on corporations in this State. Corporators. Corporate name. Continual succession. May sue and be sued. Common seal. May purchase, hold, etc., real and personal property. Charter to run 30 years. 99. Sec. II. That the capital stock of said corporation shall be three hundred thousand dollars, divided into three thousand shares of one hundred dollars each, with the privilege of increasing the said

Page 132

stock to one million of dollars: Provided , the same should become necessary, and be determined by a vote of the stockholders. Capital stock. Shares. 100. Sec. III. That books of subscription to the capital stock of the said company shall be opened in the city of Dalton, and under the management and superintendence of the incorporators, who shall fix the time and place for receiving said subscriptions, giving due notice of the same, for thirty days, through a public newspaper in said city of Dalton, and that, after three hundred shares of said stock are subscribed, the incorporators shall call a meeting of the subscribers, to take place on the first Tuesday in August of any year after said number of shares have been subscribed, for the purpose of electing a board of directors, whose term of office shall be until the first Tuesday of August following their election: Provided , that no one shall be elected a director who is not the owner of at least twenty shares of said stock: Provided, further , that the incorporators shall have the power to fix the per centum , to be paid upon subscribing to the stock, and the time at which further installments shall be called in, until the election of the first board of directors, when this power shall be vested in them and their successors in office. Books of subscription. Directors, election of. Proviso. 101. Sec. IV. That the office of the said company shall be located at Dalton; that the works and affairs of said company shall be managed and conducted by a board of seven directors, who shall elect one of their own number president, and shall also elect a secretary; and that, from and after the first election of directors, an annual election for directors shall be held on the first Tuesday in August of each year, due notice of the same to be given in some paper printed in Dalton, by the secretary of the company, for thirty days prior to said election; directors so elected to hold their offices until successors are qualified as herein provided; each share of stock shall be entitled to one vote, either by the owner in person or by proxy, and the persons receiving the greatest number of votes shall be declared duly elected. The board of directors shall fix the compensation of the president and other officers and employees of the company. The Mayor of the city of Dalton shall be ex officio a member of the board of directors, and shall be entitled to vote on all questions where the interest of the company and the people of Dalton are in common. Office of the company. President and directors. Secretary. Annual election. Notice of. Share holders, how to vote. Compensation of officers. 102. Sec. V. That when any director shall cease to be a stockholder, his office shall be declared vacant; and when any vacancy or vacancies shall happen by death, resignation or otherwise, such vacancies shall be filled by the board of directors. Office of director to be vacant, when. Vacancies, how filled. 103. Sec. VI. That a majority of the board of directors shall constitute a quorum for the transaction of business, and shall have power to make and prescribe such laws, rules and regulations as appear needful and proper: Provided , such by-laws, rules and regulations are not inconsistent with the laws of this State, and of the United States. Quorum. Laws, rules and regulations. 104. Sec. VII. That annual dividends shall be made of so much of the profits of the said company as the directors may think advisable; and that at each annual meeting for the election of the directors,

Page 133

the outgoing directors shall lay before the stockholders a full statement of the affairs and concerns of said company. Annual dividends. Statement of affairs of company. 105. Sec. VIII. That the Dalton Gas-light and Water Works Company, their successors and assigns shall have and be entitled to the privilege of making gas from any material now known to be used for manufacturing gas, and vending gas-light and supplying the streets in the city of Dalton, and supplying the streets and inhabitants thereof with pure and wholesome water, from springs or streams, by reservoirs, pipes or other appliances. Manufacture of gas. 106. IX. That upon the erection of said works, etc., it shall be the duty of said company to place at the intersection of all streets along which said water pipes shall be laid, fire plugs, for the use of the inhabitants when they may be needed for the extinguishment of fires; and except in cases of accident, when they are unable to do so, it shall be the duty of said company to furnish said water so used as rapidly as their works will allow to the said inhabitants. During said fires the company shall make no charge for the water so furnished, but shall, nevertheless, have control of said fire plugs, and shall make regulations for the use of the same by the proper authorities. In fixing their tariff of water rates, it shall not be lawful for the said company to make them more burdensome than those of other cities of Georgia, of a like number of inhabitants. The rates of gas to private consumers shall not exceed five dollars per thousand feet, and the rate for supply of street lamps for lighting the streets shall not exceed fifty-five dollars per lamp per annum. Fire plugs. Use of water during fires. Tariff on water rates. Rates of gas. 107. Sec. X. That to carry the foregoing section into effect, the said company shall be authorized, at any time after the passage of this Act, to lay pipes or conduits, at the expense of the company, in and under any of the roads, streets, alleys or sidewalks of the said city of Dalton where the same may be requisite or necessary, in such manner as to produce the least inconvenience to the city or its inhabitants; and, provided , that the company shall afterwards repair, with the least possible delay, the streets, roads or sidewalks broken for the purpose of laying said pipes. Water pipes, laying of. Streets and roads, repairs of. 108. Sec. XI. That if any person or persons shall by any means whatever destroy or injure any part of the gas or water pipes constructed or owned by said company, any of the street lamps, fire plugs, or any of their works, buildings, fixtures or machines, or shall in any manner pollute the water in said pipes, resorvoirs, or the sources from whence said water is obtained, said persons shall be liable in damage for all and any damage caused by or in any manner arising therefrom, recoverable by said company before any Court of competent jurisdiction. Gas and water pipes, damages may be recovered for interference with. 109. Sec. XII. That the works of the said company must be so far completed as to be in condition to furnish both water and gas to the public and private individuals and bodies corporate throughout all the thickly populated portions of said city, when required, within five years after the date of the passage of this charter, and in case of failure the same shall be null and void. Works to be completed, when.

Page 134

110. Sec. XIII. That this Act shall take effect and after its passage. Approved February 15th, 1873. No. CXXX.(O. No. 160.) An Act to amend an Act entitled 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, approved August 22 d , 1872. 111. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the sixth section of the above recited Act be amended by inserting after the word exceed, in the seventh line, the following words, one-half of one per cent., so that said section, as amended, will read as follows: Not to exceed one-half of one per cent. in addition to the State tax levied for the year, for which said tax is levied. Tax in addition to State tax. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CXXXI.(O. No. 243.) An Act to incorporate the town of Fort Valley, in the county of Houston, to define the limits of the same, and to repeal all previous Acts incorporating the same or amendatory thereto . 112. Section I. Be it enacted by the General Assembly of the State of Georgia , That the municipal government of the town of Fort Valley shall 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 Fort Valley, and by that name and style shall have perpetual succession, and shall by the said name be capable to sue and be sued in any Court of law or equity in this State, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, and to retain to them and their successors, for the use and benefit of said town of Fort Valley, in perpetuity or for any term of years, any estate, real or personal, lands, tenements, hereditaments, of whatever kind or nature soever, within the limits of said town, and to sell, alien, exchange or lease the same, or any part thereof, or convey the same or any part thereof, in any way whatever. Mayor and Aldermen. Corporate name. General powers. 113. Sec. II. That from and after the passage of this Act, the corporate limits of the town of Fort Valley shall extend threefourths

Page 135

of a mile in every direction from the public well in said town, between Macon, Maine and Church streets. Corporate limits. 114. Sec. III. That the corporate powers of said town shall be vested in a Mayor and four Aldermen, who shall be elected on the first Wednesday in April next, ten days' notice having been given, and on the same day in every year thereafter; and that said Mayor and Aldermen shall hold their offices for one year, or until successors are qualified; and all citizens residing in said corporation, who shall register in accordance with the provisions of this Act, shall be entitled to vote for said Mayor and Aldermen. Mayor and Aldermen, election of. Who may vote. 115. Sec. IV. That it shall be the duty of the Clerk of the Council of Fort Valley to open a list for the registration of voters on the first day of March in each yearsaid list to be kept open until the eleventh day of said month, and no person shall be allowed to vote at said election who has not been duly registered according to the provisions of this Act; and all persons entitled to vote for members of the General Assembly, who have resided in said town ninety days previous to said election, shall be entitled to register. And it shall be the duty of the said Clerk of the Council to post up a list of the registered voters at the Mayor's office, or town hall, by two o'clock the day preceding the election, and also to furnish the managers of said election with a similar list. Registration of voters. 116. Sec. V. That a Justice of the Peace and one freeholder, or three freeholders, in said town, being first sworn to hold said election properly and faithfully, may preside over said election, neither of whom being a candidate, and the persons receiving the highest number of votes shall be declared to be duly elected, and the managers of said election shall give their certificates to such persons as shall be thus elected, and said certificates shall be evidence of the fact and their authority to act, and the said certificates shall be recorded by the Clerk of the Council in a book kept for that purpose, and this record shall always be the highest evidence of said election. Election managers. Certificates of election. 117. Sec. VI. That said Mayor and Aldermen, before they enter upon the duties of their respective offices, shall, before a Justice of the Peace or some officer authorized to administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of Mayor, (or Alderman,) of the town of Fort Valley, during my continuance in officeSo help me God. Oath of office. 118. Sec. VII. That said Mayor and Aldermen shall, at their first meeting, after being duly qualified, proceed to elect by ballot a Marshal, and, if they deem necessary, a Deputy Marshal, Clerk of Council and Treasurer, each of whom, unless removed, shall remain in office until a new election and qualification of Mayor and Aldermen; and that said Mayor and Aldermen shall have full power to remove from office, or to punish by fine not exceeding fifty dollars, any officer elected by them for any neglect, malpractice in, or abuse of said office. Marshal, Mayor and Aldermen to elect. Deputy Marshal, Clerk and Treasurer. Malpractice. 119. Sec. VIII. That in case the Mayor or any Alderman, while

Page 136

in office, shall be guilty of any willful neglect, or malpractice in, or abuse of said office, he or they shall be liable to be indicted before the Superior Court of Houston county, and, on conviction thereof, shall be fined in a sum not exceeding five hundred dollars for each and every offense, and shall, moreover, be removed from office, which fine or fines shall be paid over to the town Treasurer for the use of said town. Mayor and Aldermen may be punished, for malpractice. 120. Sec. IX. That all males over the age of sixteen years and under the age of fifty years, who may have resided in said town ten days, shall be subject to work the streets, according to the road laws now in force in this State, or to be taxed therefor, as the Town Council may determine, as a commutation for such duty, not to exceed ten dollars per annum. Streets, who subject to work on. Tax. 121. Sec. X. That the Mayor, or Mayor pro tempore , and two Aldermen, shall form a quorum for the transaction of business. Quorum. 122. Sec. XI. That the said Mayor and Aldermen shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and well-being of the said town, to remove pests and nuisances, and to perform all acts necessary and proper to carry out the provisions of this Act, not incompatible with the Constitution and laws of Georgia and of the United States. They shall also have full power to make all contracts, in their corporate capacity, which they may deem necessary for the welfare of said town. Ordinances, rules and by-laws. 123. Sec. XII. That the Mayor (and in his absence any three Aldermen of said town) shall have full power and authority to try all offenders against all or any of the by-laws or ordinances of said town, and to punish for each and every violation thereof within the corporate limits of said town, by fine or fines not to exceed fifty dollars, by work on the public streets not exceeding thirty days or by imprisonment in the guard-house not exceeding thirty dayseither one or more of these penalties. And all parties convicted before said Mayor and Council may have the right of appeal to the Superior Court of the county. Offenders, trial of. Punishments. 124. Sec. XIII. That the said Mayor and Aldermen of said town shall have entire control of the sale of spirituous liquors in said town in quantities less than one gallon, and may license to sell the same at their option, and if licenses are granted shall have power to charge for the same any sum not exceeding five hundred dollars for all quantities sold less than one gallon. Any person violating this section by selling any spirituous liquors without a license may be punished therefor, as may be required by the by-laws or ordinances of this town, and be dealt with for violating the retail laws of this State. Spirituous liquors, license to sell. Penalty for selling without license. 125. Sec. XIV. That the Mayor and Aldermen of said town shall have full power to levy a tax upon all billiard tables kept or used for the purpose of playing on, gaming or renting, and all tenpin alleys or tables or alleys of any kind which are kept for the purpose of playing or gaming on, to tax all itinerant shows of any

Page 137

kind who charge any admission fee, or lectures, or any thing else for which any fee is collected for the benefit of the same. Billiard tables, etc., tax on. 126. Sec. XV. That the Mayor and Aldermen of said town shall have power and authority to impose and levy an annual tax upon real and personal estate and professions within the corporate limits of said town, not to exceed fifty per cent. of the State tax for the year previous, and also to enforce the collection of all fines which may be imposed by said Mayor and Aldermen under the provisions of or the powers granted by the Act. Tax on personal estate and professions. 127. Sec. XVI. That it shall be the duty of all tax payers and owners of taxable property within said town, and they and each of them, either by themselves or an agent, are hereby required to make annual returns under oath to the Clerk of the Council at such time as the Mayor and Aldermen may limit, of all their taxable property and professions in said town, held in their own right or in the right of any other person or persons. And in case any person or persons shall fail or refuse to make such return or shall make any return deemed incorrect by the Mayor and Aldermen, the said Mayor and Aldermen may assess the property of such person, and may fix such value thereon as they may deem correct and just, and all taxes and fines levied and imposed by said Mayor and Aldermen, (in case of refusal to pay the same,) shall be collected in the following manner: An execution for the sum due, and all costs, shall be issued by the Clerk of Council, directed to the Marshal, against the estate, both real and personal, of each defaulter, and shall be levied by the Marshal or Deputy Marshal upon said estate, and, after having been advertised thirty days in a public gazette, published in said town, (and if none published there, in the paper having the largest circulation in said town, published in the State,) the said Marshal or Deputy Marshal shall sell at public outcry the property so levied upon, and the deed of the Marshal, or his successor in office, made in accordance with such sale, shall be as efficient to pass the title to such property to the purchaser thereof as the deed of the defaulter; and all executions issued under the provisions of this Act shall bind all the property of the defendant from date, and shall have rank and precedence, as executions from the Courts of this State now have by law, and the costs thereof shall be the same as in the Tax Collector's execution, by the law of this State. Returns, tax payers to make. In case of failure to make returns. 128. Sec. XVII. That the Mayor and Aldermen of said town shall have full power and authority to remove or cause to be removed all buildings, porches, fences, steps or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public square in said town. Also, to license, regulate and control all taverns and public houses in said town. Also, to regulate blacksmith shops, forges, stoves and chimneys in said town. And to remove or to cause to be removed the same, or any of them, in case they become dangerous or become nuisances. And also, if necessary, to fill up all pits, cellars, and excavations in said town, or to cause the owner to to do so. Also, to regulate drays, omnibusses, buggies, carriages,

Page 138

wagons and carts owned or kept and used in said town. And also, full power to regulate and control all pumps, wells, livery stables, fire companies and engines within said town. Nuisances, etc., Mayor and Aldermen may remove. Blacksmith shops, etc. 129. Sec. XVIII. That the Mayor and Aldermen shall have full power, upon proof of the maintenance or existence of any house of ill-fame, or any bawdy house, within said town, to cause the occupants of said house to be forcibly removed without the limits of said town, upon giving the two days' notice, or to punish him, her them by fine not exceeding ten dollars for each day he, she or they may remain after said notice, or by imprisonment in the guard-house of said town not exceeding thirty days, or both, at the discretion of said Mayor and Aldermen. Houses of ill-fame, removal of occupants. 130. Sec. XIX. That said Mayor and Aldermen shall have power to license and appoint as many vendue masters or auctioneers in said town as they may deem proper, and to charge for such license any sum they may deem proper. Vendue masters, etc., license of. 131. Sec. XX. That the Marshal or Deputy Marshal shall have full power and authority to examine all places in said town where he may suspect a violation of the laws of the State or the by-laws of this town to be carried on, and he shall report all offenders to the Mayor or any Alderman in said town, whose duty it shall be, upon such report being made, to cause every such offender to be brought before him or them for trial, and said trial by the Mayor or Mayor pro tempore shall be final: Provided , the offense be a misdemeanor, and if said offense be a felony said Mayor shall turn said offender to an officer authorized to commit for felonies, and to effectually carry out the provisions of this Act, said Mayor or Mayor pro tempore who may be conducting any trial shall have full power and authority to compel the attendance of any witness by a fine not to exceed ten dollars. And also the said Mayor and Aldermen shall have power to establish and regulate a police, and that the said Marshal or Deputy Marshal shall have full power and authority to call to his aid any and all of the male citizens of said town capable of bearing arms for the arrest and apprehension of any offender against the laws of this State or the ordinances of said town. And in case any citizen shall refuse to render such aid he shall be liable to a fine not exceeding ten dollars, as the Mayor and Aldermen may impose. Marshal may examine places suspected. Police. 132. Sec. XXI. That in case there should be a failure to elect a Mayor and Aldermen for said town, as provided for in this Act, any three freeholders of said town, upon giving ten days' notice thereof, shall proceed to hold an election in manner as pointed out by this Act for the regular elections in said town. And the Mayor and Aldermen so elected shall hold their office until the next regular election in said town or until their successors are qualified. And all vacancies shall be filled by the Clerk, giving ten days' notice, and an election held in the same manner as provided for in this Act. Election for Mayor and Aldermen in certain cases. 133. Sec. XXII. That this Act shall take effect from and after the first day of April, 1873, and that until said date all the rights

Page 139

and powers heretofore granted the Mayor and Aldermen of Fort Valley remain in full force. This Act, when to take effect. 134. Sec. XXIII. That the Mayor, marshal and deputy marshal shall receive such compensation for their services as the board of aldermen may deem right and proper. Compensation for Marshal. 135. Sec. XXIV. That from and after the first Wednesday in April, 1873, the former Act to incorporate the town of Fort Valley, and all Acts amendatory thereto, be and the same are hereby repealed. Former acts repealed. Approved February 22d, 1873. No. CXXXII.(O. No. 230.) An Act to amend the several Acts incorporating the city of Gainesville, in Hall county, and for other purposes . 136. 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 the municipal government of the city of Gainesville shall consist of a Mayor, who shall receive a salary of two hundred dollars a year, and six Aldermen, who shall receive a salary of twenty dollars, who are hereby constituted a body corporate, under the name and style of the Mayor and Council of the city of Gainesville, and by that name shall have perpetual succession: shall have a common seal, and be capable in law and equity to purchase, have, hold and possess, receive and enjoy, to themselves and successors, for the use of said city of Gainesville, any estate, real or personal, of whatsoever kind or nature; and by the said name they may 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 Gainesville, and the corporate limits of the city shall be one mile in every direction from the Court-house, situated on the public square, in said city. Mayor, salary of. Six Aldermen, salaries of. Corporate name. General powers. Corporate limits. 137. Sec. II. That said city is hereby divided into three wards, and numbered respectively one, two and three. Ward number one shall be known and designated as follows: Commencing at the centre of the Court-house, and running along the Clark's bridge road, or Green street, to the city limits; thence along the city limits to where the line crosses Lawrenceville street; thence down said street to the Court-house. Ward number two shall be known and designated as follows: From the Court-house along Lawrenceville street to the city limit; thence along the city limit to where the line crosses Athens street; thence along Athens street via the jail to the Court-house. The third ward shall be all that part of the city of Gainesville lying between Athens street and Green street, or the Clark's bridge road. City divided into three wards. Ward 1. Ward 2. Ward 3. 138. Sec. III. That the annual election for Mayor and Councilmen

Page 140

of said city shall be held on the second Tuesday of 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, of the year following. The regular place of holding said election shall be at the Court-house in said city; and two Councilmen shall be chosen from each ward, as described in the second section of this Act, by a majority of all the legal voters of said city. Annual election of Mayer and Aldermen. 139. Sec. IV. That all persons qualified to vote for members of the General Assembly, in the county of Hall, and who reside in said city of Gainesville, and who shall have paid all legal taxes imposed and demanded by the authorities of said city, and who shall have done all the work on the streets of said city, required by said authorities, and who shall have resided in said city for the space of thirty days next preceding the election, shall be held and deemed to be electors, and duly entitled to vote for Mayor and Councilmen of said city. Who may vote. 140. Sec. V. That the Mayor and Council shall appoint three freeholders, who shall be electors under this Act, as managers of said election, one from each ward of said city, whose duty it shall be to receive and count the votes polled. The managers, before entering on their duties, shall take an oath before some officer, duly qualified to administer oaths in this State, that they will faithfully and impartially conduct said election, prevent all illegal voting, to the best of their ability and power. Managers of election. 141. Sec. VI. That any elector may challenge any voter offering to vote at said election, and when so challenged one of the managers shall cause the voter so challenged to 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 thirty days in Gainesville, that I have paid all taxes legally imposed and demanded of me by the authorities of Gainesville, and that I have done all the work required of me on the streets of Gainesville, (or paid tax in lieu thereof,) and that I have not voted before during this election, 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, and shall be prosecuted for the same before Hall Superior Court. Oath of voters. Illegal voting, penalty for. 142. Sec. VII. That the persons who shall receive the highest number of votes for Mayor and Aldermen, ( provided they are twenty-five years old and are qualified as electors under section fourth of this Act,) shall be declared duly elected, and shall be inaugurated and enter upon the discharge of their duty at the time prescribed in section third of this Act. Who shall be declared elected. 143. Sec. VIII. That the Mayor of the city of Gainesville shall furnish all the material necessary for carrying on the election in said city, and shall cause to be published in the city papers the names of the managers of election and designating the place where the election

Page 141

will be held; said notice shall be published for ten days previous to the day of the election. Names of managers to be published. 144. Sec. IX. 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 said vacancy; and in case of the death of the Mayor, his resignation or 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 newspapers of the city. Vacancies, how filled. 145. Sec. X. That after the votes for Mayor and Aldermen shall have been duly 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, the other retained by the managers, and so soon as the Mayor as aforesaid shall be informed of the result of the election he shall cause the persons elected to be notified of the same, and the Mayor and each member of the Council shall, at the first meeting of the Council in January after their election, take and subscribe before the out-going Mayor, any judicial officer or other officer authorized by the law of this State to administer oaths, to take the following oath, to-wit: I, A B, do solemnly swear that I will well and truly perform the duties of Mayor (or member of Council, as the case may be,) of the city of Gainesville, by adopting such measures as in my judgment will be best calculated to promote the general welfare of the inhabitants of the city of Gainesville and the common interests thereof, so help me God; and shall, on the same day enter upon the discharge of the duties of their respective offices. Mayor and Council elect. Oath of office, etc. 146. Sec. XI. That the said Mayor and Council shall elect a Mayor pro tem. , who shall be clothed thereby with all the privileges and duties of the Mayor elect, when and during the sickness or absence of the Mayor for any cause, upon taking the usual oath, 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 be clothed with all the rights, powers, privileges and immunities of the Mayor of the city, upon taking the usual oath, and who shall serve only during the absence of the Mayor; the Mayor, however, may associate with him, in the trial of any cause, the Mayor pro tem. , of which he may have jurisdiction, and on their failing to agree in the judgment, the Mayor shall have the decision of the question before him. A judgment, acquittal, or conviction by said Mayor may be, and shall be, pleaded in bar in any Court for the same offense, provided the Mayor has jurisdiction thereof. Mayor pro tem., privileges, rights and duties. 147. Sec. XII. That the Mayor and 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, or either of them, to issue warrants for offenses committed within the city of Gainesville, and shall have power, on examination, to commit the offender or offenders to

Page 142

jail, or bail them if the offense is bailable, to appear before the Superior Court of the county of Hall. Mayor and Aldermen shall keep the peace, issue warrants, etc. 148. Sec. XIII. That in case the Mayor or any member of the City Council, while in office, shall be guilty of any willful neglect of duty, malpractice or abuse of power confided to him, he shall be subject to be indicted before the Superior Court of Hall county, and, on conviction, shall be fined in a sum not exceeding two hundred and fifty dollars, or imprisonment, at discretion of the Court, and removal from office; he shall not exercise any of the duties of his office pending 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 actions by a majority of the Councilmen. 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 the newspapers of the city, and embrace the reports of the Treasurer, Clerk and Receiver. In all cases where a difference of opinion shall arise between the Mayor and Councilmen, and such shall become a test question in Council assembled, it shall require a majority vote of the entire Councilmen to pass such a measure over the disapproval of the Mayor; the yeas and nays shall be recorded. In all such cases where a direct appropriation of money is to be made by Council, other than ordinary expenses of the city, it shall require a three-fourths vote of all the Councilmen to make such appropriations, the yeas and nays to be recorded: Provided , that in all such cases, such appropriations shall be made in conformity to this charter. That in all cases where a division of opinion exists among the Councilmen 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 a casting vote. That the Mayor nor any member of Council 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 Council be accepted as security on any bail bond, where the offense for which said bond is required was committed in Gainesville, nor shall the Mayor or Councilmen 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 at such times as they may designate, and the seat of any Councilman shall be declared vacant who misses three regular meetings without a sufficient excuse for such absence, to be rendered to the Mayor and Council at the fourth regular meeting after such absence commenced. Mayor or members of Council may be tried for malpractice. Penalty for. Mayor, duties of. Three-fourths vote for appropriations. Mayor nor Councilmen may be securities, etc. 149. Sec. XIV. That it shall be the duty of the Mayor and Council, at their first meeting in January, to elect by ballot a marshal

Page 143

and deputy marshal of said city, to serve for and during the time for which said Mayor and Council were elected, unless sooner removed by said Mayor and Council for any act or violation of duty that in their judgment justifies removal, and when any removal is made said Council may at any time make a new appointment to fill the vacancy. Marshal, election and duties of. 150. Sec. XV. That whenever any additional police force may be required, in the judgment of said Mayor and Council, they may authorize the marshal to employ such police force, and the Mayor and Council shall pay such force such per diem as they may think right and proper. Additional police force. 151. Sec. XVI. That the marshal, deputy marshal and policemen shall, on entering on the discharge of their respective duties, take an oath to faithfully discharge their respective duties, and also to enforce all the provisions of this charter in their power, and also to enforce such ordinances as are in force at the time of their appointment and such as may be afterwards passed during their continuance in office. Oath to be taken by marshal and policemen. 152. Sec. XVII. That at the first meeting of Council the Mayor and Council shall elect a Clerk, in the same manner prescribed for the election of a marshal. The Clerk's duties shall be, to keep a complete minute of all regular and called sessions of Council, to issue all licenses granted by the Council, to act as tax collector when required so to do by Council, and such other and further duties as may be now or hereafter required of him. He shall be appointed for the same time as the marshal, and shall be subject to all the restrictions placed upon them by the fourteenth section of this Act. Clerk of the Council, election and duties of. 153. Sec. XVIII. That a treasurer, three tax assessors, a tax receiver and a tax collector be appointed by the Mayor and Council, said officers to serve for the same time the Council are elected for: provided, however , that they all be subject to the same restrictions placed upon the marshals. Tax assessors. 154. Sec. XIX. That the treasurer's duty shall be to receive all moneys paid him from any source due the city of Gainesville, and to pay the same out only on claims that have been examined and audited by the finance committee and that have been passed by Council as valid claims. When claims have been thus passed and audited, the Mayor shall draw his warrant on the treasurer for the amount, which warrant shall be signed by the Mayor, and his signature verified by that of the Clerk of Council under their corporation seal. Treasurer, duties of. 155. Sec. XX. That the treasurer shall keep a book in which he shall keep a correct entry of all receipts, and on the opposite page an entry of all amounts paid out, giving the names of parties to whom paid, amounts, dates, etc., and he shall always keep all warrants on him by the Mayor, and shall at any time make a report to Council when they call for it, showing the exact financial status of the city. Books for entry of receipts and expenditures. 156. Sec. XXI. That the said Mayor and Council shall appoint annually three assessors, one from each ward, whose duty it shall be, under oath, faithfully and impartially to discharge the duties of their

Page 144

office, to 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 assessors, he shall have a right to appeal to Council, whose decision shall be final. Assessors, appointment and duties of. 157. Sec. XXII. That said Mayor and Council shall appoint a Tax Receiver, whose duty it shall be to receive the returns of the tax payers of all the personal property of whatever kind that may be taxed in said city. He shall be vested with authority to administer such oaths to tax payers as may be prescribed by the Mayor and Council. Tax Receiver, appointment and duties of. 158. Sec. XXIII. That said Council may also appoint a Tax Collector, whose duty it shall be to faithfully collect all moneys due th city of Gainesville as taxes, and the same pay to the treasurer of said city, taking his receipt for the same. Tax Collector. 159. Sec. XXIV. That the Mayor and Council may, in their discretion, consolidate any two or more of the offices that they may appoint or elect, and have the duties of said offices performed by one individual. Offices may be consolidated. 160. Sec. XXV. That said Mayor and Council may take such bonds and require such oaths of any and all officers that they may elect or appoint, as in their opinion is necessary, and when such bonds are violated and the city or any individual is damaged by said violation, the party damaged may sue upon such bond or bonds in Hall Superior Court, in the name of the Mayor and Council of the city of Gainesville for the use of the party damaged. Officers may be required to give bonds. 161. Sec. XXVI. That the said Mayor and Council may select an attorney-at-law to represent the city in all matters where, in their judgment, legal aid is required, and may pay said attorney such an amount of money as in their opinion may be proper for his services: Provided, however , that they may always use their discretion about the employment of any attorney at all, and may dispense with his services at pleasure. City Attorney. 162. Sec. XXVII. That the Mayor and Council of the city of Gainesville shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city; upon banking and insurance and other capital employed therein; upon salaries and incomes derived from property within the city: Provided , that no tax upon real or personal property shall exceed one per cent. of the value thereof, except for public improvements and the maintenance of educational institutions, and in no instance, or for no purpose, shall said tax ever exceed two per centum . They shall have power to levy and collect a tax upon factors, brokers, vendors of lottery tickets, agents or managers of gift enterprises, shows of all sorts, and upon all persons exercising within the city any profession, trade or calling, or any business of any nature whatever: Provided , said tax is not in conflict with any of the statutes of this State now of force. Tax, Mayor and Council may levy and collect. Proviso. 163. Sec. XXVIII. That the said Mayor and Council shall have power and authority to issue the bonds or notes, or both, of said city

Page 145

for the purpose of promoting its growth or advancement, and for buying and improving property for educational purposes, and for the maintenance of public schools, established and maintained under the direction of the Mayor and Council of said city: Provided , that the debt which may be created by this section shall never exceed the sum of thirty-five thousand dollars; and, provided, further , that no part of this Act shall ever be construed to affect, in any manner whatever, the subscriptions of the city of Gainesville to the Gainesville, Jefferson and Southern Railroad Company, and to the Rome and Raleigh Railroad Company. Bonds and notes. City Council may issue, for what purpose. Proviso. 164. Sec. XXIX. That the said Mayor and Council of the city of Gainesville shall have the sole and exclusive right of granting licenses for manufacturing, wholesaling or retailing, in any manner whatever, spirituous or malt liquors: Provided , that they shall charge a license fee of not less than two hundred dollars, and not more than five hundred dollars for each license to retail, and no person shall sell by retail any spirituous or malt liquors in said city without first obtaining a license for such privilege, and any person violating this section shall be subject to a penalty, on conviction before the Mayor, of a fine of one hundred dollars for each offense. Licenses. 165. Sec. XXX. That the said Mayor and Council shall have power to license all auctioneers and vendue masters, annually, charging therefor such sum as they may deem proper, and to tax all goods sold on commission within the limits of the city. Licenses to auctioneers, etc. 166. Sec. XXXI. That the Mayor and Council of the city of Gainesville 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, 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. Licenses to vehicles, bar rooms, etc. 167. Sec. XXXII. That the Mayor and Council of the city of Gainesville shall have power to license the sale of fresh meats and all other articles usually sold at the markets: Provided , that they may free any and all such articles from taxation in their diseretion. License to sell. 168. Sec. XXXIII. That said Mayor and Council shall have full power and authority to lay out and open new streets in any part of said city, and to abolish or alter any street already laid out, and any street that may be discontinued may be sold by them, and whenever said Council shall deem it expedient to lay out and open, or widen or alter an old street, or open a new street, they shall apply to the owner of the land to be affected, or the agent of said owner, and if said owner or agent shall withhold his or her consent, then said streets may be opened, widened or altered in the manner prescribed by law for laying out and altering public roads after the same has been reported by the road commissioners, except that the Mayor of said city shall act in the place of the Ordinary, and the marshal shall act in the place of the sheriff, and no publication of any notice in a newspaper shall be necessary. New streets, Mayor and Council may open. 169. Sec. XXXIV. That the Mayor and Council may establish a

Page 146

market under such rules and regulations as they may think necessary for said city. They shall have power to regulate all lanes, alleys, sidewalks, public squares, parks, privies, butcher pens, slaughter houses, and all other houses and places in said city, and they may remove anything or have the same removed if it shall become a nuisance or injurious to the health of the city. They shall have full power and control over all livery stables, pumps, cellars, fire companies and engines within said city. Market. Lanes, alleys, sidewalks, etc. Livery stables, etc. 170. Sec. XXXV. That the said Mayor and Council shall have power to regulate or 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, furnace or other thing which might 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, forges, etc. Nuisances. 171. Sec. XXXVI. That in all cases of encroachments upon streets, lanes or alleys in said city, the said Mayor 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: provided , the consent of the property holders immediately affected thereby has been first obtained. Encroachments upon streets, etc., may be removed. 172. Sec. XXXVII. That all streets, alleys, side-walks, pavements and street crossings shall be under the control and direction of the Mayor and Council; and they shall have full and complete power and right to direct the mode, manner and style in which all street crossings, side-walks and pavements shall be constructed, paved or improved; and if any property owner, after ten days' notice, fails to comply with the ordinance passed by said Mayor and Council, in reference to the construction, paving or repair of sidewalks, pavements or street crossings, said Mayor and Council are hereby authorized and empowered to direct the marshal or his deputy to execute the provisions of said ordinance in reference to side-walks, 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. Alleys, streets, etc., under control of Mayor and Council. 173. Sec. XXXVIII. That the said Mayor and Council shall have power to cause the owners of lots to drain the same, or to drain any cellar on the same; and when any property holder, or his agent, shall be required to drain any lot or cellar, and said owner fails or refuses to drain said lot or cellar for as much as five days, the said Mayor and Council shall require the marshal to have said work done; and the Mayor and Council are hereby empowered to issue, levy and collect by execution the said bill of expense against the said property so drained. Drainage of lots. 174. Sec. XXXIX. That they shall have power to levy and collect a per capita tax on all the male citizens of said city, between the

Page 147

ages of sixteen and fifty years, not to exceed the sum of five dollars, for the purpose of working the streets; or they may require all male citizens, between the ages of sixteen and fifty years, to work on the streets as many as seven days in each year, which work shall be in lieu of said tax of five dollars each; and on the failure to of any person to either pay the tax or do the work required of him, he shall be forced to work upon the streets, not to exceed thirty days or imprisonment, at the discretion of the Mayor or Councilmen. Tax for streets, etc. Work in lieu of tax. 175. Sec. XL. That the Mayor and Council of the city of Gainesville are hereby vested with full power and authority to make and establish such by-laws, rules, ordinances and regulations respecting streets, lanes, alleys, cellars, the market and marketing, public houses, carriages, wagons, drays, livery stables, pumps, wells, furnaces, stoves, fire engines, hotels, boarding houses, groceries and for regulating and controlling disorderly people; and in general they may make 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 is vested in commissioners of roads in this State. By-laws, rules and regulations. 176. Sec. XLI. That the Mayor, and in his absence, the Mayor pro tem. may hold a Court in said city as often as may be necessary to try offenders or 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, or by compulsory labor on the streets of said city for not more than ninety days, and the said Mayor and Council shall have full power and authority to pass all ordinances, rules or regulations necessary and proper to carry into effect the powers herein granted. Mayor may try and punish offenders. 177. Sec. XLII. That the Mayor of the city of Gainesville shall have power to impose fines for violation of any ordinance of the city passed in accordance with its charter, to the amount of one hundred dollars, and to imprison the offenders in the common jail of Hall county or in the guard-house of said city for the space of one month, the said fine, after being regularly assessed, shall be collected by execution issued by the Clerk of Council against the estate of said offender, if any be found; if none, the offender may be imprisoned or required to work on the streets, as provided for in section forty-first of this Act. Fines for violation of ordinances. 178. Sec. XLIII. That the provisions of an Act entitled an Act to organize a Criminal Court for each county of this State approved October 7th, 1868, shall apply to and be of force in said city of Gainesville from and after the passage of this Act, and the Mayor, and in his absence, the Mayor pro tem. shall be vested with full and complete power and authority to try and determine any and all misdemeanors committed after the passage of this Act in said city, under and by virtue of the provisions of the Act above named, and the

Page 148

marshals of said town shall act as bailiff in said Mayor's Court, and they shall be entitled to the same fees allowed by said Act. Mayor may hear and finally determine all cases of misde- 179. Sec. XLIV. That the Mayor shall have power and authority to fine for a contempt of his Court any amount not exceeding ten dollars, and may imprison an offender not exceeding five days for contempt. May fine for contempt. 180. Sec. XLV. That the Mayor shall have the same power to punish for misdemeanor, as is now provided for the same offenses in the Criminal Code of Georgia, and may sentence criminals found guilty of misdemeanors, in addition to the penalties prescribed in section 4245 of Irwin's Revised Code, to work on the public works or streets of Gainesville any time not more than ninety days. May punish for misdemeanors, how. 181. Sec. XLVI. That from and after the passage of this Act the Clerk of Council of the city of Gainesville shall issue fi. fas. against all persons who fail to pay their taxes in the time prescribed by the Mayor and Council of said city for any and all amounts due said city, and he shall also issue fi. fas. for all unpaid fines due said city, and costs due the officers of said city, and when such fi. fas. have been placed in the hands of the marshal or his deputy, he shall forthwith proceed to levy the same upon the property of the parties against whom said fi. fas. have been issued, and after advertising said property for two weeks in any newspaper in said city, he shall proceed to sell said property on any day set forth in his advertisement, between the hours of 10 o'clock A. M. and 4 o'clock P. M. before the Court-house door in said city, and he is hereby clothed with the same authority as to making deeds to property sold as are the sheriffs of this State. Clerk shall issue fi. fas. Sec. XLVII. Repeals conflicting laws. Approved February 22d, 1873. No. CXXXIII.(O. No. 53.) An Act to declare the Head of Navigation of Ocmulgee river, and declare the legality of a bridge at or near the same. 182. Section I. Be it enacted by the General Assembly of the State of Georgia , That the town of Hawkinsville, in the county of Pulaski, be and the same is hereby recognized and declared as the head of navigation on the Ocmulgee river, at and below the bridge of the Macon and Brunswick Railroad Company across said river at said town, and the right of said company to build and use said bridge at its present elevation is hereby recognized and legalized. Head of navigation of Ocmulgee river, at Hawkinsville. Approved February 17th, 1873.

Page 149

No. CXXXIV.(O. No. 12.) An Act to repeal an Act entitled 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, approved August 23 d , 1872, and to re-enact an Act to incorporate said town of Jefferson, approved August 14 th , 1872, and for other purposes. Whereas, At the last session of this General Assembly, two Acts were passed incorporating the town of Jefferson, in the county of Jackson; and whereas, the Act approved August 23d, 1872, repeals the Act of August 14th, 1872, which is contrary to the wishes of the people of said town of Jefferson: Preamble. 183. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, an Act entitled An Act to incorporate the town of Jefferson, in the county of Jackson, to provide for Town Council and Intendant for the same, and for other purposes, approved August 23d, 1872, be and the same is hereby repealed; and the Act incorporating said town, approved August 14th, 1872, is hereby renacted. Act approved Aug. 23, 1872, repealed. Act approved Aug. 14, 1872, reenacted. 184. Sec. II. That the election of Mayor and Councilmen, held under the provisions of the Act of 14th August, 1872, be and the same is hereby legalized, and that the officers elected as aforesaid hold their offices for and during their terms, as provided under the said Act of 14th August aforesaid. Mayor and Councilmen, election of, legalized. 185. Sec. III. That said Act hereby renacted be amended so as to allow any offender or offenders against the laws or ordinances of said town to give bond for their appearance at the Mayor's Court, to be held next after the arrest is made. Offenders may give bond. Sec. IV. Repeals conflicting laws. Approved February 5th, 1873. No. CXXXV.(O. No. 241.) An Act to amend an Act to repeal an Act incorporating the town of Jonesboro, in the county of Clayton, and to reincorporate the same, and to provide for Intendant and Commissioners, assented to 24 th August , 1872. 186. Section I. Be it enacted by the General Assembly of the State of Georgia , That so much of the second section of the above recited Act as defines the boundaries of said town, be so amended as to read as follows: The corporate limits of said town shall extend three-fourths of a mile north and three-fourths of a mile south from the centre of the depot of the Macon and Western Railroad, in said town,

Page 150

and one-half mile east and one-half mile west from the centre of said depot. Bounds of Jonesboro defined. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CXXXVI.(O. No. 249.) An Act to alter and amend an Act to incorporate the town of Kingston, in the county of Bartow, and for other purposes, approved March 19 th , 1869. 187. 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 section third of the above recited Act be altered and amended as follows: That the corporate limits of the town of Kingston shall be one-half mile in every direction from the depot of the Western and Atlantic Railroad in said town. Corporate limits changed. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CXXXVII.(O. No. 167.) An Act to repeal an Act entitled an Act to amend the several Acts incorporating the town of Lafayette, in Walker county, so as to empower the Commissioners of said town to levy and collect a tax upon the property of residents of, and property owners in said town, and to compel the working of the streets, approved March 18 th , 1869. 188. Section I. 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 be and the same is hereby repealed. Act repealed. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CXXXVIII.(O. No. 221.) An Act to amend the charter of the town of Lithonia, in DeKalb county, approved March 5 th , 1856. 189. Section I. Be it enacted by the General Assembly of the State of Georgia , That the charter of the town of Lithonia, in DeKalb county, approved March 5th, 1856, be and is hereby amended as follows, to-wit: That said commissioners, or a majority of them,

Page 151

shall have power to grant license for the retail of spirituous liquors, and to charge for each and every license for such purpose not more than two hundred and fifty dollars. License to retail liquor. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CXXXIX.(O. No. 130.) An Act to alter and amend the several Acts incorporating the city of Milledgeville, to grant additional powers to the Mayor and Council of the city of Milledgeville, and for other purposes. 190. Section I. Be it enacted by the General Assembly of the State of Georgia , That on the first Wednesday in January, 1874, and every two years thereafter, on said day there shall be an election held in the city of Milledgeville for Mayor and six Aldermen, and Clerk and Marshal, who shall serve two years and until their successors are elected and qualified. And the said officers shall be elected by general tickets of all entitled to vote in said election. And the polls shall be opened at 9 o'clock A. M. and closed at 5 o'clock P. M. Mayor and Aldermen, annual election of. Clerk and Marshal. Term of office. Election, how held and conducted. 191. Sec. II. That all persons qualified to vote for members of the Legislature of the State, and who shall have paid all taxes legally imposed and demanded by the authority of the city, and who shall have resided thirty days within the corporate limits of said city, and shall have complied with the fourth section of an Act to amend the several laws incorporating the city of Milledgeville, etc., approved August 27th, 1872, shall be qualified to vote at the elections for Mayor, Aldermen, Clerk and Marshal of said city: Provided , that nothing herein contained shall be construed to authorize any person to vote at said elections who shall have failed or refused to pay the street tax authorized by 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, approved August 27th, 1872. Who may vote. Proviso. 192. Sec. III. That the Mayor and Council shall appoint three electors, who shall be freeholders, as managers of said election, 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 of election. 193. Sec. IV. That the persons who shall receive the highest number of votes for Mayor, Aldermen, Clerk and Marshal shall be declared duly elected. Who shall be declared elected. 194. Sec. V. That whenever a vacancy occurs in the office of Clerk or Marshal by reason of death, removal, resignation or dismissal from office, the Mayor and Aldermen may forthwith proceed to fill such vacancy at the first regular meeting of the Council or a called meeting for the purpose. Vacancies in office of Clerk and Marshal, how filled.

Page 152

195. Sec. VI. That the Mayor and Council of the city of Milledgeville shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city upon banking, insurance and other capital employed therein, and upon gross sales: Provided , that no tax on real or personal property shall exceed one per cent. upon the value thereof. They shall have the power to levy and collect a tax upon all 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 profession. Tax, Mayor and Council may levy upon, what. 196. Sec. VII. That the Mayor and Council of the city of Milledgeville 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, and barber-shops, bar-rooms, billiard tables and ten-pin alleys, and other gaming not prohibited by law. Licenses. 197. Sec. VIII. That said Mayor and Council of the city of Milledgeville 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 or stove-pipe or other thing which shall endanger the city as to fire to be removed or remedied as their prudence shall dictate. Mayor and Council may removesmith shops, etc. 198. Sec. IX. That no person or body corporate shall at any time hereafter lay out or extend any street, alley or lane or open square contrary to the original plan of said city or the city common, without consent of two-thirds of City Council at a regular meeting, and an application of this kind shall be published one month before the final action of Council thereon. Streets, and alleys, extension of. 199. Sec. X. That in all cases of encroachment upon streets, lanes or alleys in said city or city common, the said Mayor and Council shall have power to remove the same upon reasonable notice, or permit or 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 property holders who may be affected thereby. Encroachments on streets, may be removed. 200. Sec. XI. That the Mayor and Council of the city of Milledgeville shall have power from time to time to pass such by-laws, rules and ordinances 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 the power 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. Sec. XII. Repeals conflicting laws. Approved February 20th, 1873.

Page 153

No. CXL.(O. No. 189.) An Act for the relief of Merchants' and Mechanics' Fire Company of the city of Milledgeville. 201. 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 sum of one hundred and sixty-seven dollars and five cents be and the same is hereby appropriated to pay the amount due on account to the Merchants' and Mechanics' Fire Company for lumber, nails and lime furnished to Georgia Penitentiary in the year 1869. Merchants' and Mechanics' Fire Company, appropriation to. 202. Sec. II. That his Excellency the Governor be and he is hereby authorized to draw his warrant on the Treasurer in favor of Adolph Joseph, agent of said company for the said sum of money by this Act appropriated. Governor to draw warrant for amount. Sec. III. Repeals conflicting laws. Approved February 21st, 1873. No. CXLI.(O. No. 165.) An Act to incorporate the town of Morganton, in the county of Fannin, and the town of Elijay, in the county of Gilmer, and for other purposes. 203. Section I. Be it enacted by the General Assembly of the State of Georgia , That Richard Wilson, Levi B. Crawford, Thomas T. Fain, M. C. Bryant and James C. Cucher be and they are hereby appointed commissioners of the town of Morganton, in the county of Fannin, in this State, with power and authority to make such by-laws for the government of said town as may be necessary for the preservation of good order: Provided , such by-laws be not repugnant to the Constitution and laws of this State or of the United States. Commissioners. 204. Sec. II. That the said town of Morganton is hereby incorporated, and the limits of the incorporation shall extend one-half mile in every direction from the Court-house in said town. Corporate limits. 205. Sec. III. That the commissioners herein named shall hold their office until the first Saturday in December, 1873, when an election shall be held in said town of Morganton by three freeholders of said town, for five commissioners; and all persons entitled to vote for members of the General Assembly, who may have resided in said town for 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, and said commissioners shall be installed at the first regular meeting in January after their election. Election of commissioners. 206. Sec. IV. That said commissioners so appointed or elected shall, at their first regular meeting, elect one of their number president,

Page 154

and shall appoint a Marshal, Treasurer and Clerk, all of whom shall be severally sworn before any officer authorized to administer oaths, faithfully to perform the duties required of them to the best of their ability, during their continuance in office. President, Marshal, Treasurer and Clerk. 207. Sec. V. That the 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 may pass such rules and regulations for the prevention and extinction of idleness and vice as are consistent with the laws and Constitution of this State, and the government and regulation of the sale and the retail and furnishing of spirituous liquors and intoxicating drinks, as to time, places, manner of selling and furnishing the same, and amount of license, as they may deem best for the general welfare. It is further provided that 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 ten dollars or imprisonment not to exceed five days for each violation of their by-laws. Commissioners, powers and duties of. 208. Sec. VI. That any person or persons who shall be guilty of selling or retailing, or furnishing spirituous liquor or other intoxicating drinks within the limits of said incorporated town, contrary to the provisions of this Act, shall be guilty of a misdemeanor, and on conviction of the same, punished by a fine of not less than fifty dollars. Intoxicating liquor, penalty for selling. 209. Sec. VII. That the commissioners shall have full and complete authority to prescribe the duties of the officers provided for in this Act, and to fix the compensation each of these officers shall receive, and to collect by execution all fines imposed for a violation of their by-laws, the same to be issued by the Clerk and countersigned by the president, which execution may be levied by the sheriff of said county or by the marshal, upon any property, real or personal, of the offender or offenders, and said commissioners shall be and they are hereby vested with all the rights and powers given to incorporated towns, under the Act of August 26th, 1872, so far as the same are not inconsistent with this Act. Officers, duties of, compensation, etc. 210. Sec. VIII. That J. R. Johnson, J. M. Watkins, W. R. Welch, L. D. Milton, Jesse Hyatt, be and they are hereby appointed commissioners of the town of Ellijay, in the county of Gilmer, and that the provisions of the aforesaid bill be and the same are hereby declared to be applicable and of force, in reference to the said town of Ellijay, in said county of Gilmer; that the rights, powers and duties of the commissioners and officers of the aforesaid town of Morganton be and the same are hereby declared to be binding on the commissioners and officers of the town of Ellijay. Commissioners of the town of Ellijay. Sec. IX. Repeals conflicting laws. Approved February 21st, 1873.

Page 155

No. CXLII.(O. No. 136.) An Act to prohibit the sale of Spirituous Liquors in the incorporate limits of the town of Oxford and vicinity. 211. 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 unlawful for any person or persons to sell spirituous liquors in the incorporate limits of the town of Oxford, or within one mile of the said incorporate limits of said town of Oxford: Provided , that this Act shall not be construed to extend within the incorporate limits of the city of Covington in its operations. Spirituous liquor, sale of prohibited. 212. Sec. II. That any person or persons violating this Act shall be guilty of a misdemeanor, and punished as now prescribed by law for selling spirituous liquors without license. Penalty for violating this Act. Sec. III. Repeals conflicting laws. Approved February 20th, 1873. No. CXLIII.(O. No. 175.) An Act to authorize the Mayor and Council of the City of Rome to issue bonds for certain purposes therein named. 213. 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, whereas, there is a floating debt, amounting to about the sum of thirty thousand dollars, against the Mayor and Council of the city of Rome, for the payment of which it is desired to make provision: The said Mayor and Council shall have authority to issue the bonds of said city, amounting to forty thousand dollars, to run not exceeding twenty years, bearing lawful interest, semi-annually. Preamble. 214. Sec. II. That said Mayor and Council shall have authority to levy and collect a tax, from time to time, out of the taxable property of the citizens of Rome, sufficient to pay the principal and interest of said bonds as the same shall fall due. Tax to be collected to pay bonds. Sec. III. Repeals conflicting laws. Approved February 21st, 1873.

Page 156

No. CXLIV.(O. No. 310.) An Act to amend an Act entitled 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, approved August 24 th , 1872. 215. Section I. The General Assembly of the State of Georgia do enact , That the above recited Act be so amended that immediately after the words liable to taxation, near the middle of the Act, the following words shall be inserted, viz: Other than the poll tax, and who have actually paid taxes to the city for and during the year immediately preceding the time of such balloting. Who may vote on the question of issuing bonds. 216. Sec. II. That the last clause or sentence of the above recited Act be so amended as to read as follows: 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 the city, and that he has actually paid taxes to the city, other than poll tax, during the year next immediately preceding the time of balloting. Oath of voters. Approved February 24th, 1873. No. CXLV.(O. No. 147.) An Act to encourage the Oyster business in this State. 217. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Mayor and City Councils of the cities of Savannah, Brunswick, St. Marys and Darien, are hereby authorized to make such rules and regulations as they may deem best to encourage and protect the people of this State in making oyster beds and propagating oysters in the public waters and flats of this State, and to attach such penalties, not exceeding a fine of one hundred dollars or thirty days' imprisonment, as they may deem best, to enforce such by-laws, and which said by-laws shall be published and shall operate alike upon all persons engaged in said business. Oysters, Savannah, Brunswick, Darien and St. Marys may pass rules protecting. 218. Sec. II. That said cities shall have jurisdiction over the waters in their limits and over the waters and flats within their respective counties belonging to the State of Georgia, and are hereby authorized to control and lease the same for the said purpose of propagation of oysters, said lease to run for not more than twenty years: Provided , that this Act shall not be construed to authorize any interference with the rights of any citizen of this State owning lands or riparian privileges in said waters; and, provided, also , said authorities of said cities shall not in any way permit any obstructions to

Page 157

navigation to be put in the said waters of this State under color of this Act. Jurisdiction over waters in limits of certain cities. Proviso. Sec. III. Repeals conflicting laws. Approved February 20th, 1873. No. CXLVI.(O. No. 90.) An Act to alter and amend section three hundred and forty-six of Irwin's Revised Code, specifying the powers and jurisdiction of certain Courts. 219. Section I. Be it enacted by the General Assembly , That paragraph four of section three hundred and forty-six (346) of Irwin's Revised Code, which said paragraph reads as follows: In establishing and changing election precincts and militia districts, be so amended as to except the county of Chatham from its provisions so far as the establishing and changing election precincts are concerned, except the establishing or changing shall be recommended by the presentment of two successive grand juries of said county. Chatham county excepted from provisions of sec. 346 Code. Approved February 19th, 1873. No. CXLVII.(O. No. 162.) An Act to amend An Act entitled 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 payment of the same, and for other purposes, approved August 22 d , 1872. 220. 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 an Act entitled 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, approved August 22d, 1872, be so amended as to add the following to said Act as an additional section, to-wit: 221. Sec. II. That any subscription heretofore made, or which may be hereafter to said Talbotton Branch Railroad, under the provisions of this Act, may, be a vote of the legally qualified voters of said town, or a majority of them voting at an election to be called by the Mayor, on the application of any five citizens of said town of Talbotton, change said subscription from said Talbotton Branch Railroad Company to any other railroad company which has been incorporated by the General Assembly of the State of Georgia, as the

Page 158

said legally qualified voters of said town of Talbotton or a majority of them, by their ballots, may designate at an election held, as aforesaid; and when said subscription has been changed, as aforesaid, it shall be as binding under the provisions of this Act as if made to said Talbotton Branch Railroad Company. Subscription to the Talbotton Branch Railroad, may be changed, how. Approved February 20th, 1873. No. CXLVIII.(O. No. 92.) An Act to repeal an Act entitled an Act incorporating the town of Waresboro, in the county of Ware, and State of Georgia. 222. Section I. Be it enacted by the General Assembly of the State of Georgia , That all laws and parts of laws and all amendments to an Act incorporating the town of Waresboro, in the county of Ware, be and the same are hereby repealed. Waresboro' charter repealed. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CXLIX.(O. No. 248.) An Act to amend an Act entitled an Act to incorporate the town of West End, approved October 10 th , 1868. 223. Section I. 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 said town of West End, in the county of Fulton, be changed as follows: Beginning where the line between land lots numbers one hundred and eight and one hundred and nine crosses the corporate limits of the city of Atlanta on the west, thence running west along the northern line of land lots numbers one hundred and eight and one hundred and seventeen to land lot number one hundred and forty, and thence south along the west lines of land lots numbers one hundred and seventeen and one hundred and eighteen to land lot number one hundred and nineteen, thence east along the south lines of land lots numbers one hundred and eighteen and one hundred and seven to the Macon and Western Railroad, thence in a direct line to a point where Humphries street crosses the corporate limits of the city of Atlanta, as shown by Cooper's map, and thence along said corporate limits to the starting point. Limits of West End changed. 224. Sec. II. That there shall be five members of the Council of said town instead of three, and that in all places in the original charter where three Councilmen are mentioned, the word five shall be inserted in lien of said word three. Number of Councilmen increased. 225. Sec. III. That the Intendant of said town, or in case of his

Page 159

absence or sickness, one of the members of said Council shall have full power and authority to hold Court for the trial of all offenders against the laws and ordinances of said town, and any person being dissatisfied with the decision of the Intendant, or member of Council, shall have the right to appeal to a board of the Intendant and Council, by payment of costs and giving good and sufficient security for the eventual condemnation money, which appeal shall be entered within four days, and shall operate as a supersedeas of the execution until the disposition of the appeal by the Intendant and Council, which said appeal shall be taken up and disposed of at the next meeting of the Council, unless continued upon legal showing. Intendant may try offenders. Appeals, how to be taken. Sec. IV. Repeals conflicting laws. Approved February 22d, 1873. DIVISION IV. IMMIGRATION COMPANIES. No. Act. 150. Southern Land and Immigration Company and the Georgia and Alabama Land and Immigration Company. No. CL.(O. No. 240.) An Act to incorporate the Southern Land and Immigration Company and the Georgia and Alabama Land and Immigration Company. 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That Herschel V. Johnson, Martin J. Crawford, B. F. Locket, H. W. King, T. J. Holderness, E. Platt, Charles McCally, M. B. McMahan, John S. Bettess, J. M. Calhoun, 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 and style of the Southern Land and Immigration Company; and Campbell Wallace, Wade S. Cothran, W. T. Wofford, and such others as may be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name and style of the Georgia and Alabama Land and Immigration Company, and by these names shall have succession and may sue and be sued in any Court of law or equity whatever, with such power and privileges as are hereinafter provided. Corporators. Southern Land and Immigration Company. Corporators. Georgia and Alabama Land and Immigration Company. 2. Sec. II. That the capital stock of said companies shall be one million dollars, with the privilege of increasing it to five million dollars, to be divided into shares of five hundred dollars each, and when there shall have been two hundred and fifty thousand dollars of said capital stock subscribed, and ten per cent. of the said two hundred and fifty thousand dollars actually paid in, in land or lawful money of the United States, the said companies may organize and proceed to business under this Act. Capital stock. Shares. Companies may commence business, when.

Page 160

3. Sec. III. That the persons named in the first section of this Act, or any three or more of them, are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such time and place and for such amounts as they or a majority of them may deem proper, but for no less amount than two hundred and fifty thousand dollars, as hereinbefore provided. That when two hundred and fifty thousand dollars is subscribed to the capital stock of said company, and ten per cent. of that sum actually paid in, the said commissioners shall cause notice to be given to the subscribers in such manner as they may deem proper, requiring them to meet at the time and place designated in such notice to organize and elect a board of directors of said companies, said election to be held under the inspection of said commissioners. The directors, five in number, to be chosen by ballot from the stockholders; each stockholder shall be entitled to one vote for every share of stock owned, and may vote in person or by proxy; a plurality of votes shall elect. The said commissioners who may act shall be judges of the first election. Books of subscription. Directors, meeting to elect. Stockholders to vote, how. 4. Sec. IV. That the election of a board of directors shall be held on the first Monday in September every year thereafter. The directors shall choose one of their number for the office of president of said company, who shall also be president of the board of directors, and who shall hold his office for one year, or until his successor is elected. Election for directors, when held. President. 5. Sec. V. That the principal offices of these companies shall be located in the city of Atlanta, Georgia; that the board of directors shall have power to establish agencies of said company at any place they may deem proper, and to appoint such agents, officers or employees as they may deem necessary. Principal offices. 6. Sec. VI. That said corporation shall have power to receive [Illegible Text] take and give such [Illegible Text] such [Illegible Text] pleasure. [Illegible Text] 7. Sec. VII. That said companies shall be empowered to buy and sell land and settle immigrants upon the same, and shall have the privilege of mining and manufactures. May buy and sell land. 8. Sec. VIII. That each stockholder shall be individually liable in proportion to the amount of his stock only; that after provision shall have been made for all losses of the past year and for eventual losses for the future, for the payment of all officers and legal taxes and all liabilities and penalties of said company, the directors shall order a division of the profits among the stockholders, if there be any, in just proportion to the amount of stock held by each stockholder. Stockholders, liabilities of. Dividends. Sec. IX. Repeals conflicting laws. Approved February 22d, 1873.

Page 161

DIVISION V. INSURANCE COMPANIES. No. Act. 151. Georgia Masonic Mutual Insurance Company. No. CLI.(O. No. 186.) An Act to amend an Act entitled an Act to incorporate the Georgia Masonic Mutual Insurance Company, approved October 7 th , 1868. 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above recited Acts be so amended as to change the name of said corporation to that of the Georgia Masonic Mutual Relief Association. Name changed. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. DIVISION VI. MANUFACTURING COMPANIES. No. Act. 152. Arkwright Manufacturing Company. 153. Atlanta Car Manufacturing Company. 154. Atlanta Oil, Fertilizer, Mineral Paint and Manufacturing Co. 155. Atlantic Paper Company. 156. Bartow Iron Company. 157. Bartow Iron Works. 158. Byers Manufacturing Company. 159. Bryers Manufacturing Company. No. Act. 160. Cherokee Iron Company. 161. Eagle and Ph[UNK]nix Manufacturing Company. 162. Enterprise Manufacturing Company. 163. Home House Building and Manufacturing Company. 164. Madison Manufacturing Company. 165. Rogers' Iron Works. 166. Rogers' Iron Company. No. CLII.(O. No. 43.) An Act to incorporate the Arkwright Manufacturing Company, of Savannah, Georgia. 1. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is [Illegible Text] enacted by authority of the same , That Thomas Arkwright, Andrew McLaulin, Wallace Cumming, E. T. Homan, T. H. Harden, [Illegible Text] H. Johnston, Alfred Haywood, Richard D. Guerard, J. H. [Illegible Text], John Oliver, and such other persons as are or may hereafter become associated with them, their successors and assigns, be and they

Page 162

are hereby declared and constituted a body corporate and politic, under the name and style of the Arkwright Manufacturing Company, for the purpose of manufacturing and selling any and all kinds of cotton and woolen goods, and by that name may sue and be sued, plead and be impleaded, answer and be answered to, in any Court of law or equity in this State, and shall have the power to purchase, hold, enjoy, mortgage and sell any and all such property, real, personal or mixed, as may be necessary for, or advantageous to the objects, business and prosperity of said corporation, and to make have and use a common seal, and to alter and renew the same at pleasure; and to erect such buildings, use such machinery and make such improvements as may be necessary and convenient for their business, and said corporation shall have their principal place of business in the county of Chatham, in this State. Corporators. Corporate name. Object of Company. General powers. Seal. Building and machinery. Principal office. 2. Sec. II. That the stock, property, business and concerns of said corporation shall be managed and conducted by nine directors, who must be stockholders in their own right, and one of whom shall be the president of the company, and they shall hold their offices for one year, and until their successors are elected and installed; and they shall be chosen at the annual meeting of the stockholders, on the second Tuesday in May of each year, at such time and place as shall be directed by the by-laws of the said corporation, and public notice thereof shall be given, not less than ten days previously, in one or more daily papers, published at Savannah, in said county, and each stockholder shall, at such election, be entitled, in person or by proxy, to as many votes as he 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 so elected may appoint such superintendents, officers, agents, and assign such compensation as they shall think fit, and may require of any officer or agent so appointed such bond and security as may be deemed proper to secure the faithful discharge of his duty, not less than a majority of the directors being present when the same shall be done. A majority of the whole number of directors being hereby declared a quorum, except that, during the months of July, August and September, a majority of the directors in the city at the time shall be a quorum for general business: Provided , that the number of directors present at any meeting shall not be less than three; and the directors shall have the power to fill any vacancy in any office, whether permanent or temporary, or caused by death, resignation or otherwise, and they shall elect one of their number president of said corporation, and shall fill all other offices with such persons as they may think best, and that Thomas Arkwright, Wallace Cumming, E. T. Homan, Alfred Haywood, Thomas H. Harden, James H. Johnstone, Richard D. Guerard, J. H. Estill and John Oliver shall be the first directors of said corporation, Thomas Arkwright being the president, and shall hold their offices until the second Tuesday in May, eighteen hundred and seventy-three, and until their successors are regularly chosen and installed. President and directors. Term of office. Annual election. Stockholders to vote, how. Other officers, directors may appoint. Bonds, officers may be required to give. Quorum. Vacancies, how filled. First president and directors, who shall be.

Page 163

3. Sec. III. That the capital stock of said corporation shall be one hundred thousand dollars, with power to increase the same, by vote of the stockholders, to any amount not exceeding one million of dollars, and said stock shall be divided into shares of one hundred dollars each, transferable in such manner and under such restrictions as this Act and the by-laws and rules of said corporation may direct. But the said corporation shall have power to commence operations immediately after the passage of this Act with the capital already paid in, and it shall be lawful for the directors of said corporation, or a majority of them, to call for and demand from the stockholders respectively all such sums of money by them subscribed, at such time and in such installments as they shall deem proper, notice of such call and the time and place, when and where, and the amount to be paid, and the person to whom the same shall be required to be paid, having been first given to each stockholder personally or by advertisement published for ten days in one or more of the daily papers published at said Savannah, such advertisement being hereby declared sufficient notice to each stockholder, under pain, at the option of the board of directors, of forfeiting the unpaid shares of such stockholders if such payment be not made within ten days after the day fixed for that purpose; but if the board of directors shall think proper so to do, instead of forfeiting such unpaid stock, they may proceed to enforce the payment of the entire amount subscribed by any stockholder in the same manner as the payment of other debts are enforced, and if no valid defense is set up under oath, judgment shall be given and entered at the first term of the Court to which said suit may be brought. Capital stock. Shares. Operations may be commenced, when. Money subscribed may be called in, how. Unpaid shares may be forfeited. Payment of shares may be enforced, how. 4. Sec. IV. That in case it should at any time happen that an election should not be made upon the day or days designated by this Act for that purpose, the said corporation shall not be deemed to be dissolved, but it shall be lawful to hold such election on such other day or days as may be selected by the board of directors. And the said board of directors are hereby authorized and empowered to make and enforce such by-laws and regulations as they may deem expedient for the government, management and disposition of the stock, effects, profits and concerns of said corporation: Provided , they are not contrary to the laws of the United States and this State. Election, board may order, when. By-laws and regulations. 5. Sec. V. That the directors shall at all times keep or cause to be kept proper books, in which shall be regularly entered all the transactions and business of said corporation, and which shall be open to the inspection of any stockholder, and that no transfer of stock shall be valid or effectual until such transfer shall be entered or registered in the book or books to be kept for that purpose by the president and directors, or such officer as they may designate. Books, directors shall keep. Transfer of stock to be registered. 6. Sec. VI. That no stockholder of said corporation shall be personally or individually liable for the debts of said corporation, or any portion of them, except to the extent of his or her unpaid subscription. Stockholders, liability of, defined. 7. Sec. VII. That the provisions of this Act, so far as they

Page 164

shall be applicable, shall be held to cover the acts and doings of the said corporators and their associates, done in furtherance of the objects of said corporation prior to the passage of this Act. Past acts of corporators. 8. Sec. VIII. That said corporation shall be exempt from all taxation, either State, county or municipal, for the term of ten years from and after the passage of this Act; but the president shall report to the Comptroller General of this State the amount of capital employed by said corporation; and it shall not be lawful for any State, county or municipal officer to require said corporation, after such report has been made to the Comptroller General, to make any tax returns or pay any taxes upon the capital employed and the property owned by said corporation. Exemption from taxation. 9. Sec. IX. That this Act shall take effect immediately, and shall continue in force for the term of thirty years from the time of its passage, unless said corporation shall sooner surrender its privileges to and such surrender be accepted by the Governor of this State. Charter to remain of force 30 years. Sec. X. Repeals conflicting laws. Approved February 15th, 1873. No. CLIII.(O. No. 300.) An Act to incorporate the Atlanta Car Manufacturing Company and for other purposes. 10. Section I. Be it enacted by the General Assembly of the State of Georgia , That Thomas Alexander, B. H. Broomhead, A. B. Culberson, Miles G. Dobins, George W. Adair and such others as may be associated with them, their successors and assigns, are hereby created a body politic and corporate, under the name and style of the Atlanta Car Manufacturing Company; and by that name shall be and are hereby made able and capable in law to have, hold, receive, purchase, possess and enjoy, to them and their successors, all real and personal estate, of whatsoever kind and amount said corporation may deem necessary to carry all the objects of said corporation into effect; sell, grant, convey or otherwise dispose of the same; may sue and be sued, plead and be impleaded, answer and be answered unto in all Courts having competent jurisdiction; may have and use a common seal, and alter and renew the same at pleasure, and do all other acts incident to a body corporate. Corporators. Corporate name. General powers. 11. Sec. II. That the object of said corporation shall be the manufacturing and repairing of railroad cars and such other articles or things as the stockholders may hereafter determine upon; that the manufactory of said company shall be in or near the city of Atlanta, Georgia. Objects of the corporation. 12. Sec. III. That the said corporation shall have power to borrow money on mortgage or other security, and to loan out its surplus

Page 165

in the same manner, and to establish such by-laws, rules and regulations as they may deem necessary and expedient to carry into effect the object of the company: Provided , that such by-laws shall not be inconsistent with the laws of this State. May borrow money, etc. Proviso. 13. Sec. IV. That the said body corporate shall have power to prescribe the number of shares into which the capital stock of said company shall be divided, the mode in which it shall be taken, paid, transferred and assigned, and also to provide the mode by which stockholders may vote, and the number of votes to which each share shall be entitled, the rules to be uniform, equally securing the rights of each stockholder, and also to provide for the election of such officers as may be necessary for the government and management of the affairs of the corporation, and also to ordain such rules and regulations with respect to stockholders who refuse to pay up any balance on their stock as will compel them to pay, upon a penalty of forfeiting such stock to said corporation: Provided , that no stockholder shall be liable beyond the amount of his, her or their stock, and the stockholders in said company shall be liable pro rata for the debts of said company to the amount of stock by them, respectively, held at the time such liability was incurred, and for no greater amount. Share of stock. Officers. Liability of stockholders. 14. Sec. V. That the capital stock of said company shall be thirty thousand dollars, subject to be increased at the will of the company to one hundred thousand dollars. Capital stock. 15. Sec. VI. That the property manufactured, and unmanufactured goods, raw and manufactured material, and earnings of said company shall be exempt from taxation, State and county, for the term of ten years next after date of the organization. Exemption from taxation. 16. Sec. VII. That the corporate powers and franchises hereby granted shall continue for fifty years. Charter to run 50 years. Sec. VIII. Repeals conflicting laws. Approved February 24th, 1873. No. CLIV.(O. No. 113.) An Act to incorporate the Atlanta Oil, Fertilizer, Mineral Paint and Manufacturing Company. 17. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That John H. James, A. D. Adair, James M. Ball, James Ormond, John Neal, Jr., John R. Wallace, C. C. Hammock, G. W. Adair, R. A. Alston, W. C. Bibb, Alfred Austell, John F. Edwards, John C. Kimball, S. G. Clark, J. M. Willis, and such others as may associate with them, their successors and assigns, are hereby created a body politic and corporate, under the name and style of the Atlanta Oil, Fertilizer, Mineral Paint and Manufacturing Company, and by that name shall be and are hereby made able and capable in law to have, hold,

Page 166

receive, purchase, possess and enjoy, to them and their successors, all real or personal estate or property, of whatever kind and amount, said corporation may deem necessary to carry on all the objects of said corporation into effect, and may sell, grant or convey, or otherwise dispose of the same, and may sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all Courts having competent jurisdiction; to make, use and have a common seal, and alter and renew the same at pleasure, and to do all other acts incident to a body corporate and politic. Corporators. Corporate name. General powers. 18. Sec. II. That the object of said corporation shall be for the manufacturing of oil from cotton seed, commercial fertilizers and mineral paints, and for crushing and grinding of any substance for which their machinery may be adapted, and for the remanufacturing of such substances into useful and commercial commodities in or near the city of Atlanta, Georgia. Object of the corporation. 19. Sec. III. That the said corporation shall have power to borrow money on mortgage or other security as they may find it necessary to carry into effect the objects of the company, and to make all by-laws necessary for the regulation and welfare of the company: Provided , that such by-laws shall not be inconsistent with the laws of this State or of the United States. Corporation may borrow money, etc. May make by-laws. 20. Sec. IV. That the capital stock of this company shall be fifty thousand dollars, with the privilege of increasing it to five hundred thousand; the said capital stock to be divided into shares of one hundred dollars each, each shareholder being entitled to one vote. Capital stock. Shares. 21. Sec. V. That when twenty-five thousand dollars of said stock shall have been subscribed, the persons before named, or any four of them, shall be authorized to call a meeting of the stockholders and organize said company by the election of five or seven directors, (as they may see best,) one of whom shall be elected president, who shall hold his office twelve months from date of said organization, or until his successor is elected; also, each incorporator shall be authorized to receive subscription for stock at such place, manner and time as to them may seem proper. Company may organize, when. President and directors. 22. Sec. VI. That said company shall keep fair and regular entries (in a book prepared for that purpose) of their proceedings, which book shall be opened to the inspection of all persons concerned, and all transfers of said stocks shall appear on said books. Record of proceedings to be kept. 23. Sec. VII. That this corporation shall continue thirty years from the date of its approval. Charter to run 30 years. 24. Sec. VIII. That each stockholder shall only be liable for the debts of said corporation to the amount of his, her or their stock actually subscribed into the corporation. Liability of stockholders. Sec. IX. Repeals conflicting laws. Approved February 20th, 1873.

Page 167

No. CLV.(O. No. 105.) An Act to incorporate the Atlantic Paper Company. 25. Section I. Be it enacted , That Edward C. Richardson, James M. Barnard, jr., of Savannah, in the county of Chatham, and their associates and successors be and they are hereby incorporated and made a body politic by the name and style of the Atlantic Paper Company, and by that name shall be and are hereby made capable in law to have, hold, purchase and retain to them, their succssors and assigns, lands, rents, tenements, goods, chattels and effects of whatsoever kind, and the same to sell and dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in any Court of law or equity whatsoever, and to have a common seal, and the same to alter and renew at pleasure, and may enjoy all the privileges incident to corporations. Corporators. Corporate name. General powers. 26. Sec. II. Said company shall be located at Savannah, and they are hereby authorized to manufacture straw and other material, raw or manufactured, into paper, and to sell the same when so manufactured. Company, where located, etc. 27. Sec. III. The capital stock of said company shall be fifty thousand dollars, with the right of increasing the same to any amount not exceeding one hundred thousand dollars, should a majority in interest of the stockholders so desire and determine, and said stock shall be divided into shares of one hundred dollars each. Each and every person holding the stock of said company shall be liable for all assessments or installments that may fall due, and if any assessment or installment is not paid when due, the stock upon which such assessment or installment is due shall be liable to forfeiture, if so declared by a vote of the board of directors, thirty days' notice having been given in writing to the holder of such stock. Capital stock. Liability of stockholders. 28. Sec. IV. That when twenty-five thousand dollars have been subscribed the stockholders may meet and elect a board of directors, to consist of not less than three nor more than seven stockholders, to continue in office for the term of one year, or until the election of their successors. They shall elect from their number a president, and shall appoint such subordinate officers, agents and clerks as the good of the company may require, fixing their salaries and removing them as may be deemed advisable. The stockholders of said company shall have power to make such by-laws for the government of the same as shall be necessary and convenient and not inconsistent with this Act or the Constitution of the State of Georgia. Stock in said company shall be transferable on its books, under such regulations as said company shall adopt, and said company is hereby authorized to make all contracts which may be for its benefit and for the purpose and objects for which this Act of incorporation is passed. Directors may be elected, when. Subordinate officers. By-laws. Stock may be transferred. 29. Sec. V. That this corporation shall continue thirty years from the date of its approval. Charter to run 30 years.

Page 168

30. Sec. VI. That the property, manufactured and unmanufactured goods, raw and manufactured material and earnings of said company shall be exempt from taxation, State and county, for the space of five years from the date of this organization. Exemption from taxation. Sec. VII. Repeals conflicting laws. Approved February 20th, 1873. No. CLVI.(O. No. 77.) An Act to incorporate the Bartow Iron Company, and to confer certain powers and privileges thereon. 31. 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 for the purpose of developing the mineral resources of the State and encouraging the manufacturing of the same, Hugh McNeal, Francis J. Stone, Charles R. Stone and their associates and successors be and they are hereby constituted a body politic and corporate, by the name of the Bartow Iron Company, and by that name shall be able and capable of suing and being sued; pleading and being impleaded, in any Court whatsoever, and may have and use a common seal, and may alter and renew the same at pleasure. And the said body corporate shall have all the powers and privileges, rights and franchises necessary and proper for the carrying on and conducting the mining for iron ore, coal and other minerals, and preparing the same for use, and for erecting and operating furnaces, mills, machinery and fixtures necessary for the successful operation of all the legitimate business of said company and the beneficial management of its property; also, for the transportation of its iron, products, issues and profits of its mines, mills, furnaces and property to market, and shall have power and authority to purchase, lease and hold any property, real, personal and mixed which may be deemed by said company necessary for its purposes. Corporators. Corporate name. General powers. 32. Sec. II. That the said company may locate their principal works for the mining and manufacturing of iron ore, at or near the location of the furnace formerly known as the Bartow Furnace, in said county of Bartow, about one mile from Stegall's Station, on the Western and Atlantic Railroad, and may there build and erect houses and tenements for their operations. Principal works, where located. 33. Sec. III. The said company shall have authority to mine for coal upon any lands they may own or purchase, and may manufacture their iron ore into pig metal, and their crude metals into bar iron, nails, spikes, machinery, implements or such other products as they may desire or find to their benefit and advantage; and whatever of manufactures they may engage in, they shall have the right and privilege of doing and conducting all business incident, necessary or advantageous thereto. Company may manufacture iron, etc.

Page 169

34. Sec. IV. The capital stock of said company shall be not less than sixty thousand dollars ($60,000,) which may be increased by bona fide subscriptions to five hundred thousand dollars ($500,000,) and their stock shall be divided into shares of one hundred dollars ($100) each, and the liability of the stockholders to the creditors of the said corporation shall be as is set forth and declared in the latter clause of the third paragraph of the 1676th section of the Code of Georgia. Capital stock. Shares. 35. Sec. V. That said company is hereby authorized and empowered in carrying on their manufacturing and mining operations, to build, construct and operate such rail or trainways as may be found necessary for the transportation of such ores or products to the place or places of use or shipment: Provided , they shall not interfere with the rights of other persons in so doing. Company may operate trainways, etc. 36. Sec. VI. The affairs and the business of said company may be managed by the secretary and treasurer or by a general superintendent, chosen by the stockholders, or by a president and board of directors, at the pleasure of the stockholders of said company; and said stockholders may prescribe, make and declare for the government of said company all such by-laws, rules and regulations as they may think proper, not violating the laws or the Constitution of this State or of the United States. Officers of the company. By-laws, rules and regulations. Sec. VII. Repeals conflicting laws. Approved February 19th, 1873. No. CLVII.(O. No. 123.) An Act to be entitled an Act to prevent the sale of spirituous or malt liquors near Bartow Iron Works, in Bartow county, and the Cherokee Iron Works, of Polk county. Whereas, Said companies have a large number of hands constantly employed in and about the Bartow Iron Works, in the county of Bartow, and the Cherokee Iron Works, in the county of Polk, and a large amount of capital invested in said business; now, therefore, for the better protection, benefit and advantage of said operatives and their families, and the greater security of life, property and labor in and about said works: Preamble. 37. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That there shall not be delivered, sold or furnished by retail as a beverage any spirituous or malt liquors within a radius of one and a half miles from said Bartow and Cherokee Iron Works; and any person so selling, delivering or furnishing said spirituous or malt liquors contrary to the provisions of this Act, shall be liable to arrest and indictment as in other violations of the Penal Code, and upon conviction for the same shall be punished as prescribed in section 4245 of Irwin's Revised Code. Bartow and Cherokee Iron Works unlawful to sell liquor in 1 miles of. Penalty for violating this law.

Page 170

38. Sec. II. That the provisions of this Act shall apply to the Iron Furnace of B. G. Pool, in Bartow county. This Act extended to Pool's Iron Furnace. Sec. III. Repeals conflicting laws. Approved February 20th, 1873. No. CLVIII.(O. No. 196.) An Act to incorporate the Byers Manufacturing Company, of Gainesville, Georgia. 39. Section. I. Be it enacted by the General Assembly of the State of Georgia , That J. S. Byers, and such persons as he may associate with him, their successors and representatives, are hereby created and constituted a body politic and corporate, under the style of the Byers Manufacturing Company, of Gainesville, Georgia, and as such corporation, shall have all such rights and privileges as are necessary to conduct the business and carry out the objects of said corporation; to use a common seal, and to change the same at will; to make, alter and amend such by-laws, rules and regulations as they may deem advisable for the proper transaction of their business. Corporators. Corporate name. General powers. By-laws, rules, etc. 40. Sec. II. That the officers of said company shall be a president, secretary, treasurer and three directors, to be elected annually, or as may be provided in the by-laws of said company. President, Secretary and Treasurer. 41. Sec. III. That said company shall have power and authority to manufacture eclectic medicines, and all kinds of glass vessels and wooden boxes in which to put said medicines, and any and all other articles usually kept in a first-class eclectic drug store, and they may also buy and sell such articles as may be necessary to carry on this business. Company may manufacture, what. 42. Sec. IV. That said company are hereby granted the right to buy, own and sell real estate and other property necessary to carry on their business, and to erect such buildings and laboratories, and may operate such machinery, run by such motive power, as to them may seem fit and proper. Company may buy and sell real estate. 43. Sec. V. That the principal office of said company shall be in Gainesville. Principal office. 44. Sec. VI. That the capital stock of said company shall be twenty-five thousand dollars, with privilege to increase the same to fifty thousand, if necessary; and so soon as the sum of five thousand dollars is subscribed, said company may commence business. Capital stock. 45. Sec. VII. That this Act shall be of force from the date of its passage, and continue in force for the term of twenty years. Charter to run 20 years. Sec. VIII. Repeals conflicting laws. Approved February 21st, 1873.

Page 171

No. CLIX.(O. No. 191.) An Act to incorporate the Bryers Manufacturing Company of Gainesville, Georgia. 46. Section. I. Be it enacted by the General Assembly of the State of Georgia , That J. L. Bryers and such persons as he may associate with him, their successors and representatives, are hereby created and constituted a body politic and corporate, under the style of the Bryers Manufacturing Company of Gainesville, Georgia; and as such corporation shall have all such rights and privileges as are necessary to conduct the business and carry out the object of said corporation, to use a common seal, and to change the same at will, to make, alter and amend such by-laws, rules and regulations as they may deem advisable for the proper transaction of their business. Corporate name. General powers. 47. Sec. II. That the officers of said company shall be a president, secretary, treasurer and three directors, to be elected annually, or as may be provided in the by-laws of said company. Officers of the company, when elected. 48. Sec. III. That said company shall have power and authority to manufacture eclectic medicines and all kinds of glass vessels and wooden boxes in which to put said medicines, and any and all other articles usually kept in a first-class eclectic drug store; and they may also buy and sell such articles as may be necessary to carry on this business. Object of the company. 49. Sec. IV. That said company are hereby granted the right to buy, own and sell real estate and other property necessary to carry on their business, and to erect such buildings and laboratories, and may operate such machinery, run by such motive power as to them may seem fit and proper. Buildings, etc. 50. Sec. V. That the principal office of said company shall be in Gainesville. Principal office. 51. Sec. VI. That the capital stock of said company shall be twenty-five thousand dollars, with the privilege to increase the same to fifty thousand dollars if necessary; and so soon as the sum of five thousand dollars is subscribed said company may commence business. Capital stock. 52. Sec. VII. That this Act shall be of force from the date of its passage and continue in force for the term of twenty years. Charter to run 20 years. Sec. VIII. Repeals conflicting laws. Approved February 21st, 1873. No. CLX.(O. No. 58.) An Act to incorporate the Cherokee Iron Company. 53. 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 A. G. West, A. Griffith and J. H. Browning and such others as they may associate

Page 172

with them, and their successors and assigns, be and they are hereby constituted a body corporate and politic under the name and style of the Cherokee Iron 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. Corporate name. General powers. Seal. 54. Sec. II. That said company shall have power to make pig iron 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. May erect buildings, etc. 55. Sec. III. That the works of said company shall be located in Polk county, with the privilege and right of establishing branches at such points in said county as they see proper. Company to be located, where. 56. Sec. IV. That the capital stock of said company shall be one hundred and fifty 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. 57. Sec. V. 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 a Polk county or Rome newspaper, by the stockholders and parties representing two-thirds of the stock, the president shall call a meeting of the same. President and directors may make by-laws. May create offices. Stockholders may call meeting. 58. Sec. VI. That said company shall have the right of way through any adjoining or intervening lands, with the right to open roads, build bridges and causeways, upon paying the owners for the same: Provided , that in the event of a disagreement between the owner of the land and the company, upon application of either party, after due notice to the other party, it shall be the duty of the sheriff to summon five disinterested, upright and intelligent citizens, who, upon investigation, shall assess the same with the right of either party to appeal to the Superior Court. Right-of-way, company may have. Proviso. Sec. VII. Repeals conflicting laws. Approved February 18th, 1873.

Page 173

No. CLXI.(O. No. 51.) An Act to authorize the Eagle and Ph[UNK]nix Manufacturing Company to establish a Savings Department, and to provide for securing depositors. 59. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Eagle and Ph[UNK]nix Manufacturing Company, of Columbus, Georgia, be and is hereby authorized to establish a savings department in connection with the business of said company, and to receive money on deposit from the employees of said company and others, and pay such rate of interest, not exceeding ten per cent., upon the same as the directors of said company may determine. Eagle and Ph[UNK]nix Manufacturing Company. May receive deposits, etc. 60. Sec. II. That the said company is authorized, and is hereby required, to pledge the entire capital stock and property of said company for the payment of depositors, and those holding certificates of deposits in said savings department, and each stockholder in said company shall be individually liable for the ultimate payment of depositors, and those holding certificates of deposits in said savings department, in proportion to the amount of his stock. May pledge capital stock and property to secure deposits. Individual liability of stockholders. 61. Sec. III. That after the said capital stock and property shall have been so pledged, the said company may issue certificates of deposits to an amount equal to the amount actually deposited, in sums of five, two and one dollars, which may be payable to the holder of the same, and may be circulated by delivery as currency. Certificates of deposit. 62. Sec. IV. That the directors of said company are further authorized to make such by-laws and regulations as may be necessary for the proper management of said savings department. By-laws and regulations. Sec. V. Repeals conflicting laws. Approved February 17th, 1873. No. CLXII.(O. No. 27.) An Act to incorporate the Enterprise Manufacturing Company, in the State of Georgia. 63. 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 James G. Gregg, William C. Jessup, Henry H. Steiner, William H. Goodrich or the first three named, and such other persons as are now or may hereafter become associated with them and their successors, shall be and are hereby constituted and declared to be a body corporate and politic, under and by the name and style of the Enterprise Manufacturing Company, and by that name shall be and are hereby made able and capable in law to have, purchase, possess, receive, enjoy and retain to them and their successors lands, rents, tenements,

Page 174

hereditaments, goods, chattels and effects, of whatever kind, nature, quantity or quality the same may be, and the same to sell, grant, demise, alien or dispose of, as they may see fit; to sue and be sued, plead and be impleaded, defend and be defended, answer and be answered, in any Court of law or equity in this State, having competent jurisdiction; and to make, have and use a common seal, and the same to alter or change at their pleasure, and to make, ordain and establish all such by-laws, rules and regulations as they may deem necessary and expedient, to govern and carry out the objects of said company, and conduct the affairs of the same, with full power to alter, change or amend the same at their pleasure: Provided , such by-laws, rules and regulations are not inconsistent with the Constitution and laws of this State or of the United States. Corporators. Corporate name. General powers. Seal. By-laws, rules and regulations. Proviso. 64. Sec. II. That the capital stock of said company shall be five hundred thousand dollars, with authority to increase the same at will to three millions of dollars; and said company may commence operations so soon as ten per cent. of the capital stock has been paid in. Capital stock. Commencement of opperations. 65. Sec. III. That the said Enterprise Manufacturing Company shall be and they are hereby authorized to manufacture, bleach, dye, print and finish off all yarns, goods or cloths, of which cotton, wool, or other fibrous materials form all or a part; to manufacture wood, iron and all other metals, and all such other goods and wares as they may see fit, the manufacture of which may not be prohibited by law, and to vend their manufactures and other goods and merchandise. Company may manufacture, what. 66. Sec. IV. That the capital stock of said company shall be divided into shares of one hundred dollars each, and the said company is hereby authorized to open books for the subscription for the capital stock of said company, by themselves or by such agents or commissioners as they may appoint, and in such manner, at such times, and at such places as the company may agree and direct, and require such an amount per share to be paid in from time to time as they may deem proper. And 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 or her, 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 or such other point where the general office of the company is located, 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. Share of capital stock. Books of subscription. Shares of defaulting owners, how disposed of. 67. Sec. V. That the said company may organize by the election of a president and such number of directors as may be agreed upon,

Page 175

who will hold their office for one year, or until their successors are elected and qualified. The president and directors shall elect such other officers as may be necessary and proper, and shall direct and control the affairs of the company for their term of office, and shall fill all vacancies in their body occasioned by death or resignation for the unexpired term. Should the president or directors at any time cease to be a stockholder, his seat shall be declared vacant and the same filled by the remaining board from among the stockholders for the unexpired term. President and directors. Other officers. Vacancies. 68. Sec. VI. That the board of directors shall have power to issue to subscribers their certificate of stock, signed by the president and countersigned by the treasurer, or, if so agreed on, signed by the treasurer and countersigned by the secretary, which shall be transferable on the books of the company only by personal entry of the stockholder, his legal representative, or an attorney duly authorized by special power, under seal, for that purpose. Certificates of stock, board of directors may issue. 69. Sec. VII. That the private property of the stockholders, both real and personal, shall be held bound and liable for the debts of said company to the extent of their stock subscribed and yet unpaid, and the property of said company shall be liable for all its legal indebtedness at all times. Debts of company, private property of stockholders liable for, to what extent. 70. Sec. VIII. That said company shall have power to borrow money on bond, mortgage, or other security, and to loan out its surplus funds and earnings on like securities and mortgages. Money, company may borrow, etc. 71. Sec. IX. That the said corporation shall exist until the year of our Lord one thousand nine hundred, unless sooner dissolved by its own members. Charter, how long to run. 72. Sec. X. That the principal office of said company shall be in the city of Augusta, Georgia, unless removed by the president and board of directors to some other place; such removal shall be made public by publication in one or more newspapers of Augusta for at least thirty days. Principal office. Sec. XI. Repeals conflicting laws. Approved February 14th, 1873. No. CLXIII.(O. No. 229.) An Act to incorporate the Home House Building and Manufacturing Company of Atlanta, Georgia. 73. Section. I. Be it enacted by the General Assembly of the State of Georgia , That a company is hereby incorporated called the Home House Building and Manufacturing Company, which shall constitute and is hereby constituted a body corporate and politic, and by the name aforesaid shall have perpetual succession, and may sue and be sued, plead and be impleaded, defend and be defended against in all Courts and places whatever, with full power and authority by that

Page 176

name to contract and be contracted with, to acquire, hold, possess, use and enjoy, and to sell, convey and dispose of all such real estate as is or may be necessary for the use of this corporation, or may be deemed by the directors proper and necessary to carry on the business and accomplish the object of this corporation, or for the promotion of its interests, and may make and put into execution such by-laws, rules and regulations not repugnant to the laws of the United States or of this State as shall be proper and necessary to carry into effect the provisions of this Act, and to attain and accomplish, efficiently, the objects of this corporation, and may have a common seal, and may alter or change the same at pleasure. Corporate name. General powers. By-laws, rules and regula- 74. Sec. II. That the object of this company shall be to purchase real estate and erect buildings on same; that is, for every share of stock one building shall be erected; no building, including lot, represented by one share of stock, shall exceed in cost the sum of two thousand dollars, but the board of directors may, however, at their discretion make additional advances and outlays to any stockholder on any single house and lot on an increase of shares consolidated under such rules and regulations as they shall establish by their by-laws, and for the more effectual carrying out of the objects of this company; the board of directors may build saw-mills and erect machine works for the manufacture of lumber and building materials. Object of the company. 75. Sec. III. That John W. Clayton, John A. Doane, Julius A. Hayden, Benjamin F. Moore, Henry A. Fuller, Columbus A. Pitts and Anthony Murphey shall constitute the first board of directors under this Act, with power to increase their number not to exceed thirteen, and shall hold their offices until their successors are duly elected and qualified; they shall meet at such time and place as shall be designated by a majority of the board, and organize themselves into a board of directors, and proceed to elect a president from their number. First board of directors. Shall hold their offices, how long. President. 76. Sec. IV. That the members of this company shall be such persons as are entitled to own and hold real estate under the laws of the United States and of this State. Who may be members. 77. Sec. V. That the terms of office of the president, secretary, treasurer and superintendent shall be for two years, and until their successors are duly elected and qualified. The directors shall divide themselves by lot into two classes of equal number each, the term of whose services shall respectively expire as follows: The first class in one year, and the second class in two years. If a vacancy should occur in said board by removal from the State, ceasing to be stockholders, dying or refusing to act for the period of three months successively or by resignation, the directors or a majority of them present at any monthly meeting shall choose another director to fill such vacancy, who shall remain in office until the next general election, at which time his successor may be chosen. Term of office of President, Secretary, Treasurer and Superintendent. 78. Sec. VI. That each and every stockholder for each and every share of stock that he or they hold in this company shall pay the sum of five dollars as an entrance fee, and the sum of five dollars on

Page 177

the first Monday of every month thereafter to the secretary, or such other person or persons as shall, from time to time, by the laws and regulations of the company, be authorized to receive the same, until as many houses have been erected by the company as shares and consolidated shares have been subscribed. Entrance fee. 79. Sec. VII. That whenever the funds in the treasury shall warrant, the directors shall purchase lots of ground and cause a building or buildings to be erected on each, which, as soon as completed, or some time before completion, shall be advertised for rent to any one of the stockholders who will pay the highest monthly rent for the same: Provided, however , that no house shall be rented for less than ten per cent. interest on the original cost, and to no other person than a stockholder of this company; the successful bidder shall receive a deed for said house and lot, and the same shall be his property: Provided , he pays his monthly installment and rent until the dissolution of this company, and as a security for such payments he shall be required to execute a deed of trust on said house and lot to the company, and also to keep the same insured and in good repair at his own expense, and pay all taxes lawfully assessed on the same, and the directors of said company may, in their discretion, cause a house to be erected for any stockholder in said company on unencumbered ground belonging to such stockholder or the company, and for his use: Provided , that such stockholder shall secure to the company, in such manner as the directors may require, a monthly rent for such house, which shall not be less than ten per cent. per annum; and said directors may also purchase from any stockholder of said company, or from any other person, any lot with the buildings and improvements on the same, and may convey the same to any stockholder upon his securing to the company, in such manner as the directors may require, a monthly rent for the same, which shall not be less than ten per cent. interest per annum on the amount paid by said company for or on account of such lot, building and improvements on the same, and such lots shall thereafter be held and treated as if the buildings and improvements on the same had been erected by this company. No stockholder who is in arrears with his monthly installment can purchase a house until he has paid all demands due against him; and if any house, when completed, is not taken by any of the stockholders, it may be rented to any other person or persons on such terms as the board of directors may think proper. Directors may purchase lots and erect buildings. Buildings to be rented. Only stockholders may rent. Proviso. Security for rent. Houses may be built for stockholders, upon what terms. Stockholders in arrears may not purchase houses. 80. Sec. VIII. That when as many houses have been built by the company as shares and consolidated shares have been subscribed, the company shall terminate and close; the true value of each share or consolidated shares shall, after deducting all expenses, be credited to the accounts of the respective stockholders, the difference appearing, if any, between the value of the house and lot and the value of the share or shares shall be equalized by cast, as the case may require, and the property be released. Company to terminate, when. Settlement of affairs, 81. Sec. IX. That the stock of this company shall be personal property, and shall be assignable and transferable according to such

Page 178

rules and regulations as the board of directors shall, from time to time, make and establish, subject, however, to the laws of the State. Stock assignable, etc. 82. Sec. X. That the stock of this company shall consist of fifty shares, but may be increased by the board of directors to any number not exceeding two thousand shares. Company to consist of fifty shares. 83. Sec. XI. That each stockholder or trustee of this company shall be entitled to one vote for each share of stock he holds in this company at the annual election for directors. Stockholders entitled to vote, how. 84. Sec. XII. That on the second Monday of January in each year, at such hour as may be fixed by the board of directors, an election at the office of this company shall be held for directors whose term of office has expired, to serve for the term of two years, and until their successors shall be duly elected. Notice of such election shall be given by publication in one or more of the public gazettes of the city of Atlanta at least ten days before said election. If from any cause the election cannot be held on said day, it may be held on any other day to be appointed by the board. Directors, election of. Notice of election. 85. Sec. XIII. That all elections shall be by ballot, and the name and number of shares of each stockholder shall be indorsed on his ballot; those persons receiving the highest number of votes shall be declared elected. Election shall be by ballot. 86. Sec. XIV. That voting by proxy is prohibited. No voting by proxy. 87. Sec. XV. That transfer of stock, to enable the transferee to vote, must be recorded on the books of the company at least ninety days before the election, and in no case is a stockholder entitled to vote unless he has paid up all arrearages. Transfer of stock to enable transferee to vote. 88. Sec. XVI. That the board of directors shall have power to purchase, for the benefit of said company, at such rates as said board may determine, the share or shares of any stockholder desirous of withdrawing from said company, but no share of stock so acquired by said company, or of which said company may become possessed by forfeiture or otherwise shall be again reissued or sold, but the same shall be immediately cancelled. Stockholders, shares of, may be purchased by company. 89. Sec. XVII. That the board of directors of this company shall elect a secretary, treasurer, attorney and superintendent, and such other assistants to aid in the performance of the business of the company, and they shall have power to fix, allow and pay out of the funds of this company the officers, agents and servants of this company such wages, salaries and compensation as they think proper and reasonable. Secretary, Treasurer, Attorney and Superintendent. 90. Sec. XVIII. That all officers and directors of this company must be stockholders, and their duties shall be prescribed and established by the by-laws. Officers must be stockholders. 91. Sec. XIX. That the office of this company shall be in the city of Atlanta, Georgia. Office of the company, where located. Sec. XX. Repeals conflicting laws. Approved February 21st, 1873.

Page 179

No. CLXIV.(O. No. 101.) An Act to amend an Act entitled an Act to incorporate the Madison Petroleum Company of Georgia, approved 21 st March , 1866. 92. 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 the title of said Act be changed by striking out petroleum and inserting manufacturing, so that it shall read Madison Manufacturing Company of Georgia. Madison Manufacturing Company. 93. Sec. II. That section fifth of said Act be amended by inserting and to manufacture generally all articles of wood, iron or other material, after the words refining the same. Objects of the company. 94. Sec. III. That section sixth of said Act be amended by inserting the words and to manufacture generally all articles of wood, iron or other materials after the words refining the same. Manufacture of wood,-iron, etc. 95. Sec. IV. That section eight of said Act be amended by adding thereto at such other place in this State as the stockholders may elect. Section 8 amended. Sec. V. Repeals conflicting laws. Approved February 20th, 1873. No. CLXV.(O. No. 71.) An Act to prevent the sale of spirituous or malt liquors within one mile of the works of the Rogers Iron Company, of Bartow county, and the works of the Castle Rock Coal Company, and within two miles of Dade Coal Company . 96. 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 every person or persons who may sell or dispose of, by retail, any spirituous or malt liquors within one mile, in all directions, of the works of the Rogers Iron Company, in Bartow county, and the works of the Castle Rock Coal Company, shall be tguily of a misdemeanor, and on conviction thereof, shall be punished as prescribed in section 4245 of Irwin's Revised Code. Liquor, misdemeanor to sell, where. 97. Sec. II. That it shall be unlawful for any person to vend, sell, dispose of or donate any whisky, brandy, or any intoxicating liquor of any character whatever, at the Dade Coal Mines, in Dade county, in this State, now worked by the lessees of the Castle Rock Coal Company, or at any point within two miles of the present main entrance of said coal company, as it is now worked; and any person violating the provisions of this Act shall be subject to indictment in the Superior Court of Dade county for a misdemeanor, and on conviction,

Page 180

shall be punished as is prescribed by section 4245 of the Code of Georgia. Intoxicating liquor, unlawful to sell at Dade Coal Mines. Misdemeanor. Sec. III. Repeals conflicting laws. Approved February 19th, 1873. No. CLXVI.(O. No. 110.) An Act to incorporate the Rogers Iron Company of Bartow county . 98. Section I. Be it enacted by the General Assembly of the State of Georgia , That Robert L. Rogers, A. Leyden, M. H. Dooly and S. W. Leland, and such other persons as are now or may hereafter be associated with them, shall be and are hereby constituted and declared a body politic and corporate by the name and style of the Rogers Iron Company, and by that name they, their successors and assigns shall be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all Courts, tribunals and places whatever, and shall have power to adopt, make and use a common seal, and the same to change, alter and amend, and they and their successors and assigns, by the same manner and style shall be capable of purchasing, holding and conveying any property whatsoever necessary or expedient to carry out and fulfil the objects of said corporation. The principal place of business of said company shall be at Rogers' depot, on the Western and Atlantic Railroad, Bartow county, Georgia. Corporators. Corporate name. General powers. 99. Sec. II. That the capital stock of said company shall be twenty-five thousand dollars, with the privilege of increasing the same to two hundred thousand dollars, divided into shares of one hundred dollars each, and under such restrictions as the said corporation, by their by-laws, may require and direct. Capital stock. Shares. 100. Sec. III. That the above named persons and their associates, or a majority of them, as commissioners, may open books to receive subscriptions to the capital stock of said corporation at such time and place as a majority of them may think proper, and as soon as twenty thousand dollars upon the capital stock shall be subscribed, and fifty per cent. paid in, to give notice of a meeting of the stockholders to choose three directors among said stockholders, and such election shall be made at the time and place appointed by such stockholders as shall attend for that purpose, either in person or by proxy, each share of the capital stock entitling the holder thereof to one vote; and the said R. L. Rogers, A. Leyden, M. H. Dooly and S. W. Leland and their associates, or a majority of them, shall be inspectors of the first election of directors of said corporation, and shall certify, under their hands, the names of those persons duly elected, and the commissioners shall deliver over the subscription books, with funds in hand, to said directors, who may

Page 181

keep the same open by a vote of a majority of the stockholders for further subscriptions, if the same be deemed expedient, until the entire amount of the capital stock be subscribed, and each stockholder so subscribing after the organization of said corporation as aforesaid, shall be bound by said election and organization until the next annual election in course, as is hereinafter provided, when he or she shall be entitled to vote as original stockholders. Books of subscription. Directors may be chosen, when. Inspectors of first election. 101. Sec. IV. That there shall be an annual meeting of the stockholders of said corporation at such time and place as the corporation may provide by its by-laws for the purpose of electing directors, and that the time of holding the first meeting of the directors, under the said first election, shall be fixed by the directors, or a majority of them, and at the said election, or at the annual election to be afterwards held, shall, as soon as may be after subsequent elections, choose out of their number a president, and in case of the death, resignation or removal of the president or any director, such vacancy or vacancies may be filled for the remainder of the year, wherein they may happen, by the said remaining directors, or a majority of them, may appoint a president pro tem. , who shall exercise such powers and functions as the by-laws of said corporation may provide. Annual meeting of stockholders. Time of meeting. President. Vacancies how filled. 102. Sec. V. That the said directors, or a majority of them, shall elect, simultaneously with the president, annually, a suitable person who shall discharge the duties as secretary and treasurer of said corporation, who shall be a stockholder in the same. Secretary and Treasurer. 103. Sec. VI. That in case it should happen that an election of directors should not be made, when pursuant to this Act it should be had, the said corporation shall not, by reason thereof be dissolved, but said election shall be held at any other time, and the directors previously elected shall continue as directors until a new election shall be had, a majority of said directors of said corporation to transact all business of said corporation, and they shall have power to call in the capital stock of said corporation by such installments as they may think advisable, giving thirty days' notice to the stockholders; in case of the non-payment of said installments the stockholders so failing to pay their installments within thirty days after they become due shall forfeit their share or shares and the amount before paid to the corporation. In case of no election, corporation not dissolved. 103. Sec. VII. That the directors of said corporation, or a majority of them, shall settle and adjust the books of said company at least once every year, and submit a detailed statement of the affairs thereof to the stockholders at their annual meeting, and declare and pay such dividends of the actual profits thereof as the condition of said company may justify; and the stockholders shall have power to adopt such by-laws for the government and safe and successful management of the property and business of said company as they may deem proper, not inconsistent with this charter or the laws of the State of Georgia and of the United States. Books of corporation, who may adjust. Dividends. 105. Sec. VIII. That said directors, or a majority of them, shall

Page 182

have power to exact from the treasurer or any other officer of said company a bond, in such sum as they deem proper, for the faithful performance of the duties of said office. Bonds, officers may be required to give. 106. Sec. IX. That the said corporation shall be responsible to its creditors to the extent of its property, and the stockholders shall be liable to its creditors only to the extent of the amount of their stock not paid up. Stockholders, liability of. Approved February 20th, 1873. DIVISION VII. MILITARY COMPANIES AND ORPHANS' HOME. No. Act. 167. Chatham Artillery. 168. Georgia Hussars. 179. Volunteer Corps of Macon, etc. No. Act. 170. Volunteer Corps of Savannah. 171. Orphans' Home, North Georgia Conference. No. CLXVII.(O. No. 20.) An Act to re-enact the Act entitled an Act to grant certain privileges to the Chatham Artillery, and certain other volunteer corps therein named, approved December 19 th , 1851, so far as the same relates to the Oglethorpe Infantry. 1. Section I. The General Assembly of Georgia do enact , That the Act to grant certain privileges to the Chatham Artillery and certain other volunteer corps therein named, approved December 19th, 1851, be and the same is hereby re-enacted so far as the same applies to the Oglethorpe Infantry. Oglethorpe Infantry, privileges granted to. Sec. II. Repeals conflicting laws. Approved February 13th, 1873. No. CLXVIII.(O. No. 206.) An Act to revire and re-enact the first section of an Act assented to December 22 d , 1832, entitled an Act to exempt the officers and members of the corps of cavalry in the city of Savannah known as the Georgia Hussars from the performance of jury duty, and to exempt them, after a certain term of duty, from militia duty. 2. Section I. Be it enacted by the General Assembly of the State of Georgia , That the first section of an Act entitled an Act to exempt the officers and members of the corps of cavalry in the city of Savannah known as the Georgia Hussars from the performance of jury duty, and to exempt them, after a certain term of duty, from militia

Page 183

duty, assented to December 22d, 1832, be and the same is hereby reenacted and made of full force and effect. Georgia Hussars exempt from jury duty, etc. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CLXIX.(O. No. 116.) An Act to re-enact and declare of full force, an Act entitled An Act to incorporate the Volunteer Corps of Infantry in the City of Macon, and to grant certain privileges to the same, approved December 7 th , 1841; and to extend the provisions of said Act to the Floyd Rifles of the city of Macon, and the Clinch Rifles and Irish Volunteers of the city of Agusta. 3. Section I. The General Assembly of the State of Georgia do enact , That the above recited Act is hereby re-enacted and declared to be of full force and validity, and that all the powers, privileges, franchises, and immunities therein granted to the Macon Volunteers be, and they are hereby, renewed and confirmed unto the said Macon Volunteers and Floyd Rifles of the city of Macon, and the Clinch Rifles and Irish Volunteers of the city of Augusta. Act recited declared of full force. Privileges, etc., renewed. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CLXX.(O. No. 80.) An Act to alter and amend an Act approved August 17 th , 1872, entitled An Act to amend section 1162 of the Revised Code of Georgia and for other purposes. 4. Section I. Be it enacted by the General Assembly of the State of Georgia , That section first of said Act be, and the same is hereby, altered and amended as follows: by striking out the last four lines of said section after the word but, and inserting and substituting the following in lieu thereof: whenever, in addition to the first volunteer regiment of the State of Georgia as organized by said Act, there may be one or more other regiments or independent battalions or companies of infantry, cavalry or artillery organized and equipped in the city of Savannah, his Excellency the Governor of Georgia shall have the right, in his discretion, upon the recommendation of two-thirds of all the regimental, battalion and company officers in said city, to appoint a brigadier general of volunteers, who shall have the right to command the combined volunteer forces of said city and to select and appoint his own staff. Volunteer companies of Savannah, Governor may appoint a Brigadier General to command. Sec. II. Repeals conflicting laws. Approved February 19th, 1873.

Page 184

No. CLXXI.(O. No. 104.) An Act to define and extend the powers of the Orphans' Home, of the North Georgia Conference, with regard to apprentices, and for other purposes. Whereas, The children usually taken in charge by the trustees and officers of the Orphans' Home, of the North Georgia Conference of the Methodist Episcopal Church, South, are destitute orphans; and, whereas, difficulties and expense attend the regular indenting of such children to said Orphans' Home, which impose an unnecessary burden on all concerned; Preamble. 5. Section I. The General Assembly of Georgia do therefore enact , That from and after the passage of this Act, all minor children placed in the charge of the trustees and officers of said institution by their natural guardians or next friends, or by the authorities of this State, or any city or county thereof, shall be ipso facto , and to all intents and purposes, indented and bound to said trustees and officers, under the rules and regulations of said institution, until such orphans or children shall attain a suitable age to be bound out to some useful trade or calling or occupation, or until they attain an age rendering it proper to discharge them from said institution: Provided , that said placing in charge shall be witnessed and approved by the Ordinary of the county in which the orphan resides at the time, or by the Ordinary of the county in which said institution may, at the time, be located, such Ordinary giving a certificate of the fact, under his hand and official seal, which certificate shall be competent evidence of the facts embodied in it in any Court of law or equity in this State, and shall be equal to and have all the effects of articles and indentures of apprenticeship. Children indented to trustees until when. Proviso. Certificates of aprenticeship. Sec. II. Repeals conflicting laws. Approved February 20th, 1873.

Page 185

DIVISION VIII. MINING COMPANIES AND ARTIFICIAL STONE COMPANIES. No. Act. 172. Dade Coal Mining Company. 173. Georgia Iron and Coal Company. 174. Gordon County Iron and Coal Mining and Manufacturing Company. No. Act. 175. Vulcan Iron and Coal Company. 176. Columbus Artificial Stone Company. No. CLXXII.(O. No. 164.) An Act to incorporate the Dade Coal Company, and for other purposes. 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That Joseph E. Brown, John T. Grant, William C. Morrill, Walter S. Gordon, John M. Born, jr., William D. Grant, Julius L. Brown and Jacob W. Seaver, and their associates, successors and assigns, be and they are hereby incorporated under the name and style of the Dade Coal Company, with power to conduct a general mining business, and to mine and operate coal, iron, copper or any other mineral or metal, and as a body corporate they shall have power to do and perform all acts and things they may deem necessary to the successful management of their business, not inconsistent with the laws and Constitution of this State and of the United States, and to keep up and maintain the railroad now in existence between Shell Mound, on the Nashville and Chattanooga Railroad, and the coal mine leased by said company from the Castle-Rock Coal Company, in Dade county, in this State, to be used in aid of said mining operations, and to transport the coal, iron or other metals or minerals which they may be engaged in working to and from such points as they may think proper, and to do all acts and things they may deem necessary to the successful working of said mines and to the vending and transportation of the productions of the same, and said body corporate and politic may sue and be sued, plead and be impleaded, have a common seal, and have all the powers usually granted to a body politic or corporate engaged in the business of mining. Corporators. Corporate name. Coal mining business. Company may keep up and maintain railroads, etc. May sue and be sued. Seal. 2. Sec. II. That by the authority aforesaid said company shall have power to appoint a board of directors and such other officers and agents as they may deem necessary in the transaction of their said business; and the stock in said company, which may be fixed at such amount as the said company may designate by resolution upon their minutes, at a sum not exceeding five hundred thousand dollars, in shares of one hundred dollars each, shall be distributed in proportion to the interest owned by each of said parties in the lease of said property. And the business of said mining and of said corporation

Page 186

shall be conducted by the president of said company, in conformity in every respect with the contract entered into between Joseph E. Brown, William C. Morrill, Walter S. Gordon and John M. Born, jr., on the 10th day of June, 1872, the day on which said lease was made, which is signed by said parties respectively, giving to Joseph E. Brown, as president of said company, the management agreed upon by the said parties at interest, in said written contract above mentioned, all of which powers the said Joseph E. Brown, as president of said company, shall and may legally exercise. Directors, officers and agents. Capital stock. Business of the company, President to conduct. Sec. III. Repeals conflicting laws. Approved February 21st, 1873. No. CLXXIII.(O. No. 67.) An Act to incorporate the Georgia Iron and Coal Company, and to define the objects, rights, powers, privileges and liabilities of the same. 3. Section I. The General Assembly of the State of Georgia do enact , That for the purpose of developing the iron resources of the State, Jacob W. Seaver, S. L. Waitzfelder, John T. Grant, Julius L. Brown, John H. Boston and their associates, successors and assigns, be and they are hereby constituted a body politic and corporate by the name of the Georgia Iron and Coal Company, and by that name shall have succession, and shall be able and capable to sue and be sued, to plead and be impleaded in any Court whatever, and may have and use a common seal, and may alter and renew the same at pleasure; and the said body corporate shall have all the powers, facilities, and franchises, and rights necessary and proper for the carrying on the mining of iron and coal and preparing the same for use, for erecting and carrying on furnaces, mills and all other buildings, machinery and fixtures necessary for the successful operation of the business of said company and the beneficial management of its property, and for the transportion of its iron and other proceeds, issues and profits of its mines, mills and property to market; and shall have all the power and authority of a natural person to acquire, purchase, lease and hold any property, real, personal or mixed, which may be deemed by said company necessary or advantageous for its purposes. Corporators. Corporate name. General powers. Coal business. Purchase of real estate, etc. 4. Sec. II. That the capital stock of said company shall be fifty thousand dollars, divided into shares of the par value of one hundred dollars each, and said company shall have the right at any time, as they may think proper, to increase said capital stock to not exceed two hundred thousand dollars. Capital stock. Shares. 5. Sec. III. That in all meetings of the stockholders of said company, each share of stock shall entitle the holder to one vote, to be given in person or by proxy; and said shares shall be considered

Page 187

as personal property, and shall be transferable in such manner as may be provided by the by-laws of said company. Stockholders, how to vote. Shares transferable. 6. Sec. IV. That the books of subscription to the capital stock of said company shall be opened under the superintendence of the persons named in the first section of this Act, or a majority of them, in such place and on such day or days as said persons or a majority of them may deem expedient; and all subscription to said capital stock shall be paid in cash, or its equivalent, in installments, as called for by the board of directors. Books of subscription. 7. Sec. V. That the affairs of said company shall be managed by the persons named in the first section of this Act until permanent directors are elected, as hereinafter provided; and, in case of the death or refusal to act of any one or more of said persons as director or directors, the remaining person or persons shall have power to elect other persons as directors for the time being in their stead. Affairs of company, who may manage. 8. Sec. VI. That the provisional board of directors authorized to act by the preceding section of this Act, shall, so soon after the passage of this Act as may be deemed expedient by them, call a meeting of the stockholders of said company, to be held in Atlanta, which meeting, when assembled, shall proceed to elect a permanent board of directors, a majority of the stockholders voting being necessary to a choice. Provisional directors to call meeting to elect permanent board. 9. Sec. VII. That the affairs of said company shall be managed by a board of directors, to consist of seven persons, four of whom shall constitute a quorum, and they shall be elected annually by the stockholders on such day and time as may be fixed by the by-laws, each stockholder being entitled to one vote for every share of the capital stock owned or held by him; and said board of directors shall elect one of their number as president, a majority of votes being necessary to a choice; said election to be held at the first regular meeting after the organization of the said board, and annually thereafter on such day and time as may be fixed by the by-laws; and the president shall have such powers and authority and perform such duties as president as may be prescribed by the by-laws of said company; and the said directors shall continue in office until their successors are installed, and they shall have power and authority to establish, alter and amend all by-laws, rules and regulations not in conflict with the Constitution and laws of this State or the United States they may deem necessary, and to appoint all subordinate officers, agents and servants of said company, necessary to the management of its affairs, and to remove all officers, agents and servants of said company, the president included, and to fill all vacancies that may occur in the board of directors or in the offices of said company by death, resignation or otherwise, to call in, from time to time, as they may deem proper, such installments on the capital stock of said company as may remain unpaid, to manage and conduct all of its business of every kind, to issue bonds and borrow money at any time and from time to time, as in their judgment the exigencies of the company require, and to execute, if deemed expedient by them any deed or

Page 188

deeds of mortgage as security of the fulfillment by said company for its contracts or other liabilities. Directors, when and how elected. President, powers of, etc. Powers of directors. Subordinate officers. Vacancies. Subscription to capital stock. 10. Sec. VIII. That in the event of the death or resignation of all or a majority of the directors, the stockholders shall have the power to elect according to the provisions of section seven of this charter a new board of directors, at such time and with such notice as may be provided by the by-laws of said company. In case of death or resignation of majority of directors. 11. Sec. IX. That in the event that any of the subscribers to the capital stock of said company shall fail to pay any installment or installments which may be required by the board of directors on the capital stock subscribed for or held in their names, then the said board of directors shall have power to declare said capital stock and all installments previously paid on it forfeited to said company, and said defaulting subscriber or subscribers shall be thenceforth barred against all rights of recovery from said company for the stock so forfeited: Provided , that said board of directors shall, before the said forfeiture, give to said delinquent subscriber or subscribers at least ninety days' notice. Defaulting subscribers, how dealt with. 12. Sec. X. That said company be and the same is hereby invested with all and singular, the rights, powers and authorities which are necessary to enable it to locate, construct and maintain any such road, trainways and railways as the directors may deem necessary for the convenient shipment and delivery of any ore or materials at and from any of their furnaces, mills and shops. And said company may require the right to take and use any materials necessary to construct such roads, and also the right of way for any such roads through any lands in this State, by paying such just compensation for the same as may be agreed upon by the land owners and said company; and in case of disagreement between the parties by paying or tendering such just compensation for such property so taken as may be assessed by two arbitrators chosen by the parties and an unpire chosen by said arbitrators: Provided , that either party dissatisfied with such assessment may appeal to the Courts from such decision of the arbitrators. Company may construct railways, etc. Right of way. 13. Sec. XI. That the principal office of said company shall be in Atlanta; that all notices and legal process may be served on said corporation as now provided by law for service upon corporations. Principal office. 14. Sec. XII. That the said Georgia Iron Company shall be entitled to commence operations and exercise the functions herein granted as soon as the sum of thirty thousand dollars has been bona fide subscribed on the books of the company. Company may commence operations, when. 15. Sec. XIII. 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 at all times be subject to the inspection of any stockholder. Minutes of board of directors. 16. Sec. XIV. That all of the provisions and exemptions of an Act to encourage the manufacture of cotton and woolen fabrics in the State of Georgia, approved August 27th, 1872, be and the same are

Page 189

hereby extended to this company, and included in this Act, and made a part thereof. Exemption from taxation. 17. Sec. XV. That all the private property, both real and personal, of each respective stockholder shall be held liable for the unpaid debts of the corporation to the amount of his, her or their subscribed stock, unpaid: Provided , that, notwithstanding the dissolution, extinction, expiration by lapse of time or non-use of the charter, or the cessation of the corporation to transact business, the corporate property of said company shall at all times be bound and liable for the payment of the corporate debts or contracts of said corporation. Liability of stockholders. 18. Sec. XVI. That this charter shall continue in force for and during the term of fifty years. Charter to run fifty years. Sec. XVII. Repeals conflicting laws. Approved February 18th, 1873. No. CLXXIV.(O. No. 121.) An Act to incorporate the Gordon County Iron and Coal Mining and Manufacturing Company of Gordon county, to confer certain privileges on the same, and for other purposes. Whereas, Edward Mercer, R. C. Young and John E. Meister own and are possessed of extensive and rich beds of iron ore and coal in the county of Gordon, in process of development, contiguous to the Selma, Rome and Dalton Railroad, from which beds of iron ore a railroad is in process of construction to said Selma, Rome and Dalton Railroad; therefore, for the purpose of developing the said minerals, and for the purpose of completing said railroad and putting the same in operation and erecting a blast furnace; Preamble. 19. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That Edward Mercer, R. C. Young and John E. Meister, with all other persons who may hereafter associate with or be interested in said company be and they are hereby incorporated and constituted a body politic and corporate by the name and style of The Gordon County Iron and Coal Mining and Manufacturing Company, and by that name and style shall be and they are hereby made able and capable in law to have, purchase and receive to themselves and their successors, lands, rents, tenements, goods, chattels, rights of way and effects of what kind soever, and the same to sell, dispose of and convey, to sue and be sued, plead and be impleaded, answer and be answered unto, to defend and be defended in Courts of record or other places whatever, to have and use a common seal, and the same to alter at pleasure, to make such by-laws as they may deem necessary for their common interest, to provide for the election of officers and agents to manage, direct and control the affairs of said company: Provided , that such by-laws are not repugnant to the Constitution and laws of this State. Corporators. Corporate name. General powers.

Page 190

20. Sec. II. That in all elections of officers, agents and directors each person interested shall be entitled to vote according to the number of shares of stock owned by him or her in the corporation, and that in all elections for directors a majority of the stock shall be represented, and that each share of stock shall be entitled to one vote. Elections of officers, who may vote. 21. Sec. III. That the capital stock of said company shall be fifty thousand ($50,000) dollars, divided into shares of one hundred ($100) dollars each, including the value of the real estate which shall be considered as capital stock, which capital stock may be increased to one hundred thousand ($100,000) dollars, and shall be subject to taxation as other corporate property of this State. Capital stock. 22. Sec. IV. That said company be and is hereby invested with all and singular the rights, powers and authorities which may be necessary to enable it to locate, construct and maintain such railroad or railroads, common road of travel or other roads of what kind soever that shall be necessary to the successful operation of their works, or that they may deem advantageous to the same; that they shall have the right of way from their mines, or any of them, to the Selma, Rome and Dalton Railroad, for either a railroad, plank road, train road, macadamized road, common road of travel, or either of them, across the lands of others. Upon failure to agree with the owners of lands across which such right of way is desirable, in order to have the value of right of way, and the material to be used in the construction of said railroad or other road, in case the company and the land owners disagree, the same shall be settled and awarded by three (3) freeholders of the county where the land lies, under the following rules and regulations: One of said freeholders shall be chosen by the company, one by the land owner, the other by the Ordinary of the county where the land lies, which appointment may be made by the Ordinary in vacation; and if the land owner shall fail or refuse, after five (5) days' notice by the company, to appoint an appraiser, then the said Ordinary shall appoint two (2); said freeholders thus appointed shall be sworn by any judicial officer fairly to assess the damages, and shall enter upon and view the land, and assess and award the same, in writing, the [Illegible Text] of any two in such award being sufficient. Company may construct railroads, etc. Right of way. Questions of disagreement as to right of way, how settled. 23. Sec. V. That the assessment shall be returned to the Clerk of the Superior Court of the county in which the land lies, to remain on file in his office for five days, within which time either party may enter an appeal from the award of the appraiser to the Superior Court of said county. Assessments, where returnable. 24. Sec. VI. That the principal office of the company shall be at Atlanta, Georgia, with such subordinate office or offices, and at such place or places as the company may from time to time hereafter establish; that all meetings of the stockholders and all the elections of officers shall be held at the Atlanta office until otherwise ordered by the board of directors: Provided , this shall not be so construed as to prevent suits against said company in the county

Page 191

of Gordon by service in that county upon any of the officers or agents of the same in said county. Principal offices. Stockholders shall meet in Atlanta. 25. Sec. VII. That within thirty days after the passage of this charter and the acceptance thereof by the corporators, there shall be an election by the stockholders of five directors, who shall hold their office until the first Monday in July next, at which time a new directory shall be elected, and the regular annual election for directors shall be on the first Monday in July in each year thereafter; the directors shall from their number elect a president, secretary and treasurer and such other officers as they may deem for the interest of the company. President and directors, election of. 26. Sec. VIII. Each stockholder shall be liable for the debts of the corporation to the extent of his stock, but no further. This Act to remain in force for thirty years. Charter to run 30 years. Sec. IX. Repeals conflicting laws. Approved February 20th, 1873. No. CLXXV.(O. No. 156.) An Act to amend an Act incorporating the Vulcan Iron and Coal Company, and to confer certain powers and privileges, approved March 7th, 1866, by changing the name thereof, and for other purposes. 27. Section I. The General Assembly of the State of Georgia do enact , That the above recited Act be amended so as to change the name of said company from the Vulcan Iron and Coal Company to the Ph[UNK]nix Iron and Coal Company. Name changed. 28. Sec. II. That the sixth section of said Act be amended by striking out the word seven in the second line of said section, and inserting in lieu thereof the words three or more, and that the word four in said line be stricken out, and the words a majority be inserted in lieu thereof. Sixth section amended. Sec. III. Repeals conflicting laws. Approved February 20th, 1873. No. CLXXVI.(O. No. 257.) An Act to incorporate the Columbus Artificial Stone Company. 29. 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 for the purpose of encouraging industry, and for the purpose of supplying sections not accessible to natural stone with suitable substitutes, W. L. Salisbury,

Page 192

Thomas E. Blanchard, Charles H. Williams, and William D. Chipley, of Muscogee county, Georgia, and their associates and assigns be, and they are hereby, declared to be a body politic and corporate, by the name and style of the Columbus Artificial Stone Company, and shall be capable in law to sue and be sued, plead and be impleaded, contract and be contracted with, purchase, receive, have, hold, use, possess and enjoy, real and personal property, which they may deem necessary and proper for the use of said Artificial Stone Company. Corporators. General powers. 30. Sec. II. That said company shall have the power to issue and dispose of the capital stock of the company in shares of fifty dollars each, not to exceed the sum of twenty-five thousand dollars. Shares of stock. 31. Sec. III. That the business of said company shall be managed by such officers and agents under such rules as the company may select and adopt. Officers. 32. Sec. IV. That said company shall have power to manufacture and use in all proper ways artificial stone, as prescribed in certain patents legally and lawfully held and controlled by them in and for Muscogee county, Georgia. Artificial stone. Sec. V. Repeals conflicting laws. Approved February 22d, 1873.

Page 193

DIVISION IX. RAILROAD AND TELEGRAPH COMPANIES. No. Act. 177. Albany, Mobile and New Orleans Railroad Company. 178. Athens and Eatonton Railroad Company. 179. Augusta and Louisville Railroad Company. 180. Barnard and Anderson Street Railroad Company. 181. Catoosa Springs Railroad Company. 182. Covington and Oxford Street Railway Company. 183. Gainesville, Blairsville North western Railroad Company. 184. Greenwood and Augusta Railroad Company. No. Act. 185. Norcross and Dahlonega Railroad Company. 186. North and South Railroad Company. 187. North and South Railroad Company. 188. Savannah, Griffin and North Alabama Railroad Company. 189. Savannah, Griffin and North Alabama Railroad Company. 190. Tybee Telegraph Company. 191. Valdosta and Fort Valley Railroad Company. 192. Vanns Valley, Coosa and Chattanooga Railroad Company. 193. Walton Railroad Company. No. CLXXVII.(O. No. 103.) An Act to authorize the Albany, Mobile and New Orleans Railroad Company to adopt the road now-being built by the Southwestern Railroad Company from Albany, Georgia, to Blakely, Georgia, as a part of their road and line from Albany to Mobile, upon such terms as may be agreed upon between the two companies. 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Albany, Mobile and New Orleans Railroad Company of Georgia, approved October 25th, 1870, be and it is hereby authorized to adopt the railroad now being built from Albany, Georgia, to Blakely, Georgia, as a part of their railroad and line from Albany to Mobile, upon such terms and conditions as may be agreed upon between the two companies. May adopt what railroads. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CLXXVIII.(O. No. 199.) An Act to amend an Act entitled an Act to incorporate the Athens and Eatonton Railroad Company, and for other purposes, approved August 27th, 1872. 2. Section I. 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 above recited Act be so amended that section one shall read as

Page 194

follows, to-wit: That for the purpose of building, keeping up and equipping and using a railroad from Athens, in the county of Clarke, via Madison, in the county of Morgan, to Eatonton, in the county of Putnam, the following named citizens shall constitute a board of commissioners, with authority as herein set forth: Albert G. Foster, Ferdinand Phinizy, Irby Scott,..... Cogburn, William Terrell, Jas. A. Price, M. C. Fulton, Robert Harris, Rollin Thomason, B. H. Overby, Robert A. Crawford, James D. Pittard, Asa M. Jackson, James Jennings, Peter W. Hutchinson and Joseph B. Carlton. Commissioners. 3. Sec. II. That section two of the above recited Act be so amended that there shall be thirteen directors chosen in the manner pointed out in said section, instead of seven directors as therein provided. Thirteen directors. 4. Sec. III. That section five of the above recited Act be amended by the addition of the following clause: And in the event of the parties failing to agree upon terms of adjustment upon crossing a railroad, as above provided for, the provisions of section ten of said Act shall apply, and the controversy shall be settled as therein provided. Crossing railroads. 5. Sec. IV. That section seventeen of the above recited Act be so amended as to read as follows: That any individual, commissioner or corporation may receive a subscription from any one person to the capital stock of said company, in amount not to exceed five thousand dollars. Subscriptions, who may receive. 6. Sec. V. That section nineteen of the above recited Act be so amended as to read as follows: That the principal office and shops of said company shall be located at such point or points as the interests of the company may determine, and all meetings of the stockholders and the annual election of directors shall be held at such office. Principal office, etc., where located. 7. Sec. VI. That section twenty-one of the above recited Act be so amended as to read as follows: That said railroad may connect at any point with the Griffin, Monticello and Madison Railroad, or from any union or connection with said last named railroad, or with any other railroad, not inconsistent with the laws of this State. Road may connect with other roads. Sec. VII. Repeals conflicting laws. Approved February 21st, 1873. No. CLXXIX.(O. No. 184.) An Act to amend an Act entitled an Act to amend an Act to incorporate the Augusta and Louisville Railroad Company, and to confer certain powers and privileges on the same. 8. Section I. Be it enacted by the General Assembly of Georgia , That the above recited Act be amended by the addition of the following section, viz: Section I. Be it further enacted, etc. , That the said company be and they are hereby authorized to increase the capital stock of the

Page 195

company from the sum of five hundred thousand dollars, authorized by the original Act, to the sum of five millions of dollars. Capital stock may be increased. 9. Sec. II. That the provisions of this Act or of the original Acts, of which this is amendatory, shall not be so construed as to exempt the property of said company from taxation. Property not exempt from taxation. Sec. III. Repeals conflicting laws. Approved February 21st, 1873. No. CLXXX.(O. No. 143.) An Act to alter and amend section 12 of an Act approved August 23 d , 1872, entitled an Act to incorporate the Barnard and Anderson street Railroad, and for the purpose of opening a railroad communication from Savannah to Laurel Grove Cemetery, and for other purposes therein named. 10. Section I. Be it enacted by the General Assembly of Georgia , That section 12 of said Act be and the same is hereby amended as follows, by striking out the words within one year, in the fourth line from the end of said section in the proviso thereof, and inserting and substituting in lieu of said words, the words within three years. Section 12 amended. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CLXXXI.(O. No. 66.) An Act to incorporate the Catoosa Springs Railroad Company. 11. Section 1. Be it enacted by the Senate and House of Representatives of Georgia , That Martin H. Gooley and B. W. Wrenn, of Fulton county, and Joshua Lowe, W. C. Hewitt and W. L. Whitman, of Catoosa county, and their associates be and are hereby constituted a body politic and corporate, by the name of the Catoosa Springs Railroad Company, and as such may sue and be sued, plead and be impleaded in any Court in this State; may have and use a common seal and alter the same at pleasure; may purchase, hold and sell any property necessary or convenient to the uses of the charter; may exercise, in general, all the powers incident to corporations, and shall continue as such corporation for one hundred years. Corporators. Corporate name. General powers. 12. Sec. II. That said company shall have power and authority to survey, lay out, construct, equip and use a railroad from the right of way of the Western and Atlantic Railroad, in Catoosa county, to Catoosa Springs, in said county, by a convenient and practicable route, and carry travelers and freight over said railroad for reasonable

Page 196

compensation, which they are empowered to collect, as other railroad companies do, to open books and procure subscription for stock at such times and places as may be thought proper, to borrow money and make contracts on account of said road and to lease the same if they choose. Railroad may be constructed, where. Subscription to stock. 13. Sec. III. That the capital stock in said company shall be divided into shares of one hundred dollars each, and shall not exceed fifty thousand dollars. The stockholders shall elect a board of directors, and each share shall be entitled to one vote. The board of directors shall elect one of their number to be president of the company and such other officer or officers as may be deemed necessary or convenient, each director being entitled to one vote in such election. Capital stock and shares. President and directors. 14. Sec. 4. That 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 attorney or agent may do so, and the agent of the company shall select a man, and they shall agree upon the value of the damages, if they can, and if they cannot, they two shall select a third man disinterested, and a majority of the three shall assess the damages to be paid by the company for the right of way through the owner's land, either party having the right to appeal within four days to the Superior Court, according to law: Provided , the right of way shall not be over fifty feet on each side of the track of said railroad. Questions of right of way, how settled. 15. Sec. V. That said corporation shall have full power to make such by-laws and rules as may be deemed necessary for the objects of their incorporation, not inconsistent with the laws of the land. By-laws, rules and regulations, Sec. VI. Repeals conflicting laws. Approved February 18th, 1873. No. CLXXXII.(O. No. 255.) An Act to incorporate the Covington and Oxford Street Railway Company. 16. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is enacted , That James L. Jones, S. D. Hight, Osborn T. Rodgers, Joseph H. Stewart, James Wright, Alexander Means, James P. Simms, David Dixon, Henry D. Capers and such other persons as may be associated with them, be and the same are hereby declared to be a body politic and corporate, with the right to sue and be sued, plead and be impleaded, answer and be answered unto in any competent Court of jurisdiction in this State; to use and alter at pleasure a common seal; to purchase, to hold and sell at pleasure real and personal property that may be necessary for the purposes of their association; and to make such rules and by-laws and regulations as may be necessary for their own government, and as are not inconsistent with the Constitution of the State of Georgia and of the United States. Corporators. General powers of the company.

Page 197

17. Sec. II. That the corporate name of said company shall be the Covington and Oxford Street Railway Company. Corporate name. 18. Sec. III. That the capital stock of said company shall be twenty-five thousand dollars, with the right on the part of said company to increase the same to one hundred thousand dollars; the said capital stock to be divided into shares of ($100) one hundred dollars each. Capital stock. Shares. 19. Sec. IV. That within thirty days after the passage of this Act the said corporation shall open, at Covington and at Oxford, books of subscription to the capital stock of said company, which said books shall remain open as long as the majority of said corporators may by a vote determine it best, and when said corporators shall by a majority vote determine that a sufficient amount of stock has been subscribed to the capital stock of said company, they shall publish, for ten days, a notice at Covington and Oxford to the subscribers of stock, who shall meet at such time and place as designated and proceed to elect a president, a secretary, and five directors, who shall constitute the board of direction, and shall hold their offices for one year from the date of their election. Books of subscription. President and directors. 20. Sec. V. That the principal office of said company shall be in the city of Convington, with such other offices or agencies located at such other places as said company may see proper. Principal office. 21. Sec. VI. That the said company shall have full power and authority to carry such railway through any street or streets of said towns of Oxford and Covington as may be agreed upon by the corporate authorities of said towns and said company, and over any public road or roads, and across any streams, creeks or branches or water courses which may be in the route of said railway, as located and determined by the engineer officer of said company: Provided , the navigation or flow of said streams shall not be impeded. Road may be constructed, where. 22. Sec. VII. That the said corporation shall have full power and authority to locate said railroad in the most practicable, cheap and proper course between said towns of Oxford and Covington, and to this end shall have the right to enter upon and possess, for a fair valuation, to be determined by three disinterested freeholders, any strip of land not more than twenty feet wide which shall be found necessary for the construction of said railway: the said land to be surveyed and the value thereof estimated by one person chosen by said railway company and one chosen by the person or persons who may own said lands, and these to choose a third person, and the value so determined by these three persons so chosen shall be considered the fair valuation of the same, upon the payment of which by said railway company to said owner or owners, shall vest in said company all right, title and exclusive privilege in and to said strip of land, and a tender of the sum so determined to said owner or owners by said company or their agent shall be a full and sufficient satisfaction of the claim of said owner or owners to said land: Provided , that if either the land owner or said company be dissatisfied with the award thus made, that either shall have the right of an appeal to a jury, as

Page 198

now prescribed by law: Provided , said appeal be taken within twenty days after the award is made, and the papers to be returned by said freeholders to the Superior Court of Newton county. Road to run between Oxford and Covington. Right of way. 23. Sec. VIII. That the said railway company shall have the right, under the provisions as hereinbefore set forth, to extend said railway beyond the corporate limits of Covington and Oxford, in said State, to such terminal points as may be agreed upon, and shall have the right to transport freight and passengers under the general laws of said State for the government of common-carriers. Road may be extended. 24. Sec. IX. That the provisions of this charter shall continue in force for the term of fifty years from the date of its passage. And all laws and parts of laws conflicting with the same are hereby repealed. Charter to run 50 years. Approved February 22d, 1873. No. CLXXXIII.(O. No. 217.) An Act to incorporate the Gainesville, Blairsville and Northwestern Railway, and for purposes therewith connected. 25. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, John H. James, A. D. Candler, John E. Redwine, James H. Nichols, F. Logan, Thomas I. Haralson, John S. Fain and C. J. Welborn, and such other persons and corporators as may be associated with them and their successors and assigns, be and they are created a body politic and corporate by the name and style of the Gainesville, Blairsville and Northwestern Railway Company, and by that name 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 be not repugnant to the laws and Constitution of this State or of the United States. Corporators. Corporate name. General powers. 26. Sec. II. That for the organization of said company said persons hereinbefore named, or a majority of them, shall have power to appoint the times and places at which subscriptions for stock in said company may be taken, and every person, 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; and said corporators, or a majority of them, shall, in a reasonable time thereafter,

Page 199

appoint a time and place for the meeting of said stockholders, of which they shall give thirty days' notice in such public newspapers in this State as they may deem necessary, at which time and place, or at any other time and place of which notice may be given as aforesaid, said stockholders may proceed to an election of a president and six directors, who shal constitute the first board of directors, and said president and directors shall hold their office for one year, 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 directors. And in all cases the stockholders shall have a right to vote in person or by proxy under power of attorney duly executed; the number of votes to which each stockholder shall be entitled shall be according to the number of shares which he or she or they may hold in his, her or their own right or interest, for three months prior to the day of such election, one vote for each share. 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. Books of subscription. Payment of subscriptions. President and directors. Stockholders may vote, how. Quorum. 27. Sec. III. That the capital stock of said company shall be five hundred thousand dollars, which may be increased to an amount not exceeding the cost of construction of said road and its outfit, to be divided into shares of fifty dollars each, and said shares shall be transferable on the 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 stock. Shares. 28. Sec. IV. That said company shall have full power and authority to survey, lay out and construct a railroad from Gainesville via Blairsville to the State line of North Carolina, in the direction of Knoxville, and the same to equip and enjoy, with all the rights, privileges and immunities granted to the Central Railroad and Banking Company, except the power and 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 and Banking Company and the several Acts amendatory thereof, heretofore passed, which said road may be constructed either broad or narrow gauge, as the board of directors may deem best. Railroad to be constructed, where. Same privileges as Central Railroad and Banking Company. Broad or narrow guage. 29. Sec. V. 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 fourth section of an Act approved September 7th, 1868, to amend an Act to incorporate the Georgia Air Line Railroad Company and to confer thereon certain powers and privileges. Right of way. 30. Sec. VI. That the said Gainesville, Blairsville and Northwestern Railway Company be and is hereby authorized and empowered to receive subscriptions in real estate, and shall have power to

Page 200

hold and dispose of such property in any manner that may seem best for the interest of said company, and that the said Gainesville, Blairsville and Northwestern Railway Company may build one or more branches of its road to such point or points as said company may deem necessary. Subscriptions. 31. Sec. VII. That the said Gainesville, Blairsville and North-western Railway Company be and they are hereby authorized to consolidate, combine 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 consolidated or uniting, and thereupon such consolidated or united companies shall be invested in this State with all the rights and privileges conferred, and be subject to all the restrictions imposed by this charter on the Gainesville, Blairsville and North-western Railway 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, etc. 32. Sec. VIII. That it shall be lawful for any corporate town or city in this State interested in the construction of said railroad or any branch thereof, authorized as aforesaid, to subscribe to the capital stock of said company, or of any company with which it may be consolidated or united as aforesaid, such sum, and to be payable in such manner as the people or proper authorities of such town or city shall deem best, determined and authorized by an election held in said town or city, as provided by the Constitution; and said company is hereby further authorized to receive subscription in land or labor as may be agreed upon by said company and such subscribers, and for the purpose of facilitating the early and economical construction of its road and works for use, may receive by grant, purchase, lease or otherwise, any estate whatsoever, and the same hold, use, sell, convey and dispose of as the interests of said company may require. Cities and towns may subscribe. Approved February 21st, 1873. No. CLXXXIV.(O. No. 231.) An Act to charter the Greenwood and Augusta Railroad Company . 33. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That for the purpose of establishing a railroad on the most practicable route from Greenwood, in the State of South Carolina, to Augusta, in the State of Georgia, this charter, with the rights and privileges incidental thereto, is hereby granted to and vested in J. H. Jennings, M. M. Nicken, S. P. Boozer, P. H. Bradley, C. L. Blair, J. D. Talbert, W.

Page 201

K. Bradley, Nick Meriwether, J. D. Neil, William L. Parks, J. L. White, W. K. Blake, G. J. Shepard, J. A. Barker, Lawrence Cain, Everidge Cain, T. M. Talbert, of the State of South Carolina, and Robert H. May, Thomas Phinizy, John D. Butt, Edward Barry, Austin Mularky, W. A. Ramsay, T. Jefferson Jennings, Josiah T. Smith and William P. Crawford, of the State of Georgia, who are hereby constituted a body politic and corporate, and, with the conditions herein prescribed, shall have existence as such for the period of fifty years. Railroad from Greenwood to Augusta. Corporators from South Carolina. Corporators from Georgia. Body corporate. 34. Sec. II. That for the purpose of raising the necessary capital stock of said company, it shall be lawful to open books of subscription in the State of South Carolina, in the counties of Abbeville and Edgfield; and in the State of Georgia, in the counties of Richmond and Columbia, and in such cities and towns as may be deemed best for the interest of the corporation, under the direction of the corporators, to an amount not exceeding one million dollars, ($1,000,000,) in shares of twenty dollars ($20) each, to constitute a joint capital stock, for the purpose of constructing and carrying into operation the aforesaid railroad, or any part thereof; and it shall be the duty of the said corporators, or a majority of them, to open books of subscription as soon after the passage of this Act as may be practicable, of which twenty days' previous notice must be given in any newspaper or newspapers in the States aforesaid; and the subscription books shall be kept open for sixty days; that on each share of said stock subscribed, the said subscribers shall pay two dollars, ($2) or its equivalent, in currency, to the corporators, who shall give a certificate for the same, and on the non-payment of said installment, the subscription shall be void; the corporators shall deposit the money received by them on said cash installments in a solvent bank in either of the States aforesaid, and at the expiration of every thirty days; that when the sum of one hundred and fifty thousand dollars ($150,000) is subscribed, the said corporators, or a majority of them, shall give notice of the time and place of meeting for organization in some public newspaper in each of the States aforesaid; but if the sum of one hundred and fifty thousand dollars ($150,000) shall not be subscribed within the appointed time, the said corporators may, for the purpose of further subscriptions to the capital stock, keep the books open for such time and at such places as they may deem proper: Provided , that the corporators shall not keep the books open for a longer period than one year, at the expiration of which time the right to solicit and receive subscriptions vest in the president and directors of said company. Books of subscription. Capital stock. Notice of opening books of subscription. Subscriptions to be void, when. Meeting for organization. 35. Sec. III. That whenever the said sum of one hundred and fifty thousand dollars ($150,000) is subscribed in the manner herein prescribed, the subscribers, their executors, administrators and assigns, shall be, and they are hereby, incorporated into a company, by the name of the Greenwood and Augusta Railroad Company, and may organize as herein provided. Corporate name. 36. Sec. IV. That the said company, by its name above mentioned, shall have perpetual succession of members, shall hold real or personal

Page 202

property, may sue and be sued, plead and be impleaded, may have and use a common seal, which they may break and use at pleasure, and make all such by-laws, rules and regulations as they may deem necessary for the well-ordering and conducting the affairs of the company. General powers of the company. 37. Sec. V. That at the first meeting of the said company, to be called by the corporators, as above stated, and at all subsequent meetings, it shall be lawful for any stockholder to be represented by proxy, whose appointment shall be in writing, signed by such stockholder; but a person not a stockholder shall not represent such proxy. A majority of two-thirds of the stockholders present, or represented by proxy, are empowered to transact all business connected with the company. At the first meeting of stockholders, and annually thereafter, at such time and place as may be appointed by the by-laws, they shall elect, by ballot, to serve one year, a president and ten directors. No person shall be elected a president or director who is not the owner of twenty shares, which must have been held for three months prior to his election; but this does not apply to the first election herein provided for. In the election of president and directors, in the establishment of the by-laws, and all other acts to be done by the stockholders, in their corporate capacity, each stockholder shall be entitled to one vote for every paid up share subscribed by him. Stockholders may be represented by proxy. President and directors. Who may be president or director. Stockholders to vote how. 38. Sec. VI. 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 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 the land may be located, who shall summon a jury of five freeholders, who shall enter 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 company, either 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 juries in the Superior Court, in addition to the usual oath, shall be severally sworn in assessing damages to take into consideration the respective 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 person 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, warehouses, stations 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

Page 203

suspend the progress of the work or the construction of said road; but the same in all cases shall continue without interruption, an adequate security being given by said company to the land owner to pay such damages as shall be assessed as aforesaid. Company may receive donations of right of way. Difficulties concerning right of way, how to be settled. Depots, ware-houses, etc. 39. Sec. VII. That it shall be lawful for the said company to increase their capital stock to any amount not exceeding two million dollars ($2,000,000,) by receiving subscriptions for additional shares on such terms and conditions as they may think proper to prescribe; and also to borrow money for the purposes aforesaid on such terms and at such rates of interest as they may think proper. Capital stock may be increased. 40. Sec. VIII. That subscriptions to the stock of said company shall be payable by installments of five dollars ($5) on each share after paying first installment as aforesaid, and at intervals of not less than ninety days, under such regulations as may be prescribed by the by-laws. Public notice of the time and place of each installment shall be given at least twenty days beforehand; and in case any installment or any share shall remain unpaid for the space of thirty days after the time for payment thereof, the share shall be forfeited and vested in the said company, and the defaulting stockholder released from all obligation to pay the amount unpaid on the forfeited share. The shares of the capital stock of said company shall be personal property, and shall be assignable and transferable in such manner and under such regulations as may be prescribed by the by-laws. Subscriptions, how payable. Defaulting subscribers. 41. Sec. IX. That the president and directors of the company shall have authority to execute all the powers hereby granted to said company, subject to such limitations and restrictions as may be imposed by the by-laws. There must be an annual meeting of the stockholders at such time as may be appointed by the by-laws, at which the president and directors shall make a report, in writing, of the affairs and condition of the company, which report shall be published in a newspaper in each of the States aforesaid. Other meetings may be called by the president or directors when they deem it expedient, and, also, when twenty stockholders, representing three hundred shares, shall demand the same, in writing. The corporators herein appointed shall give a written account of all funds received by them, and of the disposition of the same at the first meeting after the passage of this Act. It shall be lawful for the stockholders, at any meeting, to remove the president and directors, or any of them, from office and elect others in their stead. The president and directors shall have authority to draw out the money deposited in bank by the corporators for subscription to the stock of the company: Provided , that the same is only used for the interest of the company. President and directors, powers of. Annual meeting of stockholders. Report of the condition of the company. Account of funds, corporators to render. President and directors may draw money deposited in bank. 42. Sec. X. That said company shall be deemed common-carriers 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

Page 204

to do and 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 railroad property is taxed, as soon as the said road is completed and in running order. Common-carriers. May charge freight, etc. Taxation of property. 43. Sec. XI. 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 of public highways, company to repair. 44. Sec. XII. That any person who shall willfully trespass upon said 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. Penalty for trespass on company's property. 45. Sec. XIII. 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 six of this Act. Liabilities of the company for injured property. 46. Sec. XIV. That this Act shall be in force for the term of fifty years from the passage thereof, and shall be deemed and is hereby declared a public Act: Provided , that nothing herein contained shall be so construed as to prejudice or effect the rights of the Augusta and Hartwell Railroad Company, to whom a charter to pass over a portion of said territory has been heretofore granted. Sec. XV. Repeals conflicting laws. Approved February 22d, 1873. No. CLXXXV.(O. No. 237.) An Act to incorporate the Norcross and Dahlonega Railroad Company . 47. 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, for the purpose of building, keeping up and using a railroad communication from Norcross, on the Atlanta and Richmond Air Line Railroad, to Dahlonega, Georgia, by way of Cumming, in Forsyth county, John Thresher, of Gwinnett county, Jackson Graham, of Milton county, F. H. Mullineaut,

Page 205

Isaac S. Clement, R. A. Eaks, F. A. Moore and John T. Brown, of Forsyth county, Silas B. Palmer, of Dawson county, and A. G. Wimpy, of Lumpkin county, and their associates, successors and assigns be and they are hereby declared to be a body corporate and politic, under the name and style of the Norcross and Dahlonega Railroad Company, and as such shall be capable in law to purchase, accept, lease or hold, sell and convey personal and real estate and make contracts, sue and be sued, plead and be impleaded, in any Court of law or equity in this State having jurisdiction; to make such by-laws, appoint all necessary officers and prescribe their duties, and to do all lawful acts properly incident to and connected with the objects of said company as are necessary for the government and transaction of its business; to make and use a common seal, and the same to alter and destroy at pleasure: Provided , that their by-laws be not repugnant to the Constitution and laws of the United States and of this State. Railroad from Norcross to Dahlonega. Corporators. Corporate name. General powers. 48. Sec. II. That the capital stock of said company shall not exceed two millions of dollars, to be divided into shares of not exceeding fifty dollars each; and the board of directors shall prescribe the mode and condition of subscription for said stock in said company, and issue certificates for the same; but the corporators aforesaid shall have the privilege of opening books of subscription for the purpose of obtaining the necessary amount of stock, in such manner as they may deem best, to commence said road. Capital stock. Shares. Subscriptions. Certificates of stock. 48. Sec. III. That said corporators hereinbefore named, or any three or more of them, shall appoint the time and places at which subscriptions for stock in said company may be taken, and after the expiration of the year 1873, they or any three or more of them shall fix the day for the meeting of the stockholders at such place as they may agree upon, of which they shall give notice in some public gazette which has a circulation in the counties through which said road will pass, at which time and place they shall proceed to the election of seven directors, each stockholder being entitled to as many votes, by 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; provided , that the corporators herein named shall be ex-officio directors of said road for the year 1873, and until new directors are elected, and as such may elect a temporary president and secretary, and such other officers and agents as may be necessary. Subscriptions. Meeting of stockholders to elect directors. Stockholders shall vote, how. President and Secretary. 50. Sec. IV. That each subscriber to the stock of said company shall be liable for all installments falling due upon his or her subscription, and a failure of any stockholder to pay any installment within the time appointed for the payment of the same, 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. Liability of subscribers. 51. Sec. V. 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

Page 206

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. Term of office. Vacancies, how filled. 52. Sec. VI. 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, they shall select a third man, who 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 shall the right of way embrace more than one hundred feet in width on each side of the track of said railroad; and, provided, further , that said persons selected according to the provisions of this section shall, in assessing damages, take into the account the enhanced value of the land from the building of said road passing through said land. Questions of right of way, how settled. 53. Sec. VII. That said company shall be and is hereby authorized to appropriate all lands and materials necessary for the construction of said railroad, except as excepted in the last section, and make all contracts necessary therefor, making just and proper compensation for the same, according to the plan set forth in this Act, to cross railroads and all other roads, and to take such other measures, not unlawful in themselves, that may be necessary in building said railroad, and carrying out the objects of the same as far as set forth in this Act. Company may appropriate land, how. 54. Sec. VIII. That said company shall begin the construction of said railroad within three years from the date of this Act, and complete the same within ten years, and on failure of either of these requisitions, this charter, otherwise perpetual, with all the privileges hereby granted, is declared to be null and void. Road to be commenced, when. 55. Sec. IX. 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, and that all laws and parts of laws militating against this Act be and the same are hereby repealed. Road may be sold or leased, etc. Approved February 22d, 1873.

Page 207

No. CLXXXVI.(O. No. 56.) An Act to amend an Act entitled An Act to incorporate the North and South Railroad Company of Georgia, from the City of Rome via Carrollton and LaGrange, to the City of Columbus, to grant certain powers and privileges to the same, and to grant the guarantee and endorsement of the State of Georgia upon the Bonds of said Company, and for other purposes, approved October 24th , 1870. 56. 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 anthority of the same , That the foregoing Act, approved October 24th, 1870, incorporating the North and South Railroad, etc., be so amended as to add, in the fourth line of the seventh section of the before recited Act, after the word Georgia, the following words, to-wit: and from the town of Talbotton, in Talbot county, to any point on the main line of said road between LaGrange and Columbus as may be designated and agreed on by the board of directors of said company: Provided , that nothing in this Act shall be so construed as to extend State aid to the company hereby incorporated from Talbotton to any point on the North and South Road. Act approved Oct. 24, 1870, amended, how. Sec. II. Repeals conflicting laws. Approved February 18th, 1873. No. CLXXXVII.(O. No. 140.) An Act to amend an Act amendatory of an Act incorporating the North and South Railroad Company of Georgia, approved August 27th , 1872. 57. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, the second section of the above recited Act shall be so changed and modified that the proceedings therein authorized against defaulting subscribers to the capital stock of said company shall not be had nor exercised by said company, nor by any of its officials, against any defaulter thereof until such defaulter or defaulters shall first have been served in writing by some officer or director, giving him at least ninety days' notice of such proceeding. Proceedings against defaulting subscribers, how changed. Sec. II. Repeals conflicting laws. Approved February 20th, 1873.

Page 208

No. CLXXXVIII.(O. No. 79.) An Act to amend the sixth section of an Act entitled an Act to amend an Act to incorporate the Savannah, Griffin and North Alabama Railroad Company, approved September 22d , 1870, and for other purposes therein mentioned. 58. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That in lieu of the words in the seventh line of the said sixth section of said amended Act, to-wit: The Superior Court of the county, the same shall read the Judge of the Superior Court in vacation or other time. Sixth section amended. 59. Sec. II. That before the appointment of any commissioners as contemplated in the amendment by said Judge in vacation, at least ten days' notice shall be given the president or owner of the land. Notice to President or land owner. Sec. III. Repeals conflicting laws. Approved February 19th, 1873. No. CLXXXIX.(O. No. 278.) An Act to amend the sixth section of an Act entitled an Act to amend an Act to incorporate the Savannah, Griffin and North Alabama Railroad Company, approved February 11th , 1854, and for other purposes therein mentioned. 60. Section I. Be it enacted by the General Assembly of the State of Georgia , That in lieu of the words in the seventh line of said sixth section of said amended Act, to-wit: The Superior Court of the county, the same shall read the Judge of the Superior Court of the county in vacation or at other time. Sixth section amended. 61. Sec. II. That on the appointment of any commissioners, as contemplated in this amended section, that at least ten days' notice shall be given the president of said company or the owner or owners of said land. Notice. Sec. III. Repeals conflicting laws. Approved February 22d, 1873.

Page 209

No. CXC.(O. No. 15.) An Act to incorporate the Tybee Telegraph Company. 62. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That Edward C. Richardson and James M. Barnard, jr., with such others as may be associated with them, their successors and assigns, shall be and they are hereby created a body corporate and politic for the purpose of establishing, erecting and maintaining a line of telegraphic communication and transmitting intelligence by means thereof between Savannah, in the county of Chatham, and Tybee island, and other points in the county of Chatham, by the name and style of the Tybee Telegraph Company, and by said name to have power to sue and be sued, plead and be impleaded, to have and to use a common seal if so desired, to make and execute such by-laws, rules and regulations as they may deem necessary and convenient for the government of said corporation, to purchase and hold such real and personal estate as the lawful purposes of such corporation may require, and the same to sell, convey and assign, and generally to have and enjoy all such rights and privileges as are incident to bodies politic and corporate. Corporators. Extent of line. Name. General powers. 63. Sec. II. That the capital stock of the company shall consist of ten thousand dollars, ($10,000,) divided into shares of one hundred dollars ($100) each, but the company shall be at liberty to commence business as soon as a sufficient amount shall have been paid to complete the construction of the line, and every stockholder in said company shall be entitled to vote according to the number of shares they may respectively hold in the same, and shall be liable for the debts of said company, only to the amount they respectively subscribe and have not paid in at the time any suit shall have commenced. Capital stock. Stockholders may vote, how. Liabilities. 64. Sec. III. When a sufficient amount shall have been subscribed to complete the construction of the line, the subscribers thereto, or a majority thereof, shall be convened for the purpose of electing from their own number a board of three directors to manage and control the affairs of said company for one year, or until their successors are elected, and the said directors so elected shall choose from among themselves a president, and they shall proceed to appoint such other officers as said board may deem necessary, and to establish such compensation for their services as is right and proper as shall seem to them reasonable; and said board of directors shall have power and authority to contract with any person or persons or bodies corporate for the purpose of connecting its line of telegraph with any other line or lines. President and directors, how chosen. Other officers. Directors, powers of. 65. Sec. IV. Said company shall have the exclusive right during the term of five years, so far as the same does not interfere with rights which any other company has under the laws of the State, to construct the line from Savannah, in the county of Chatham, to Tybee

Page 210

Island, over the route seeming most direct and advantageous, crossing streams by means of cables or otherwise, causing, however, no obstruction to navigation. That the company shall have power to set up their fixtures upon any road or roads, street or streets, any land or lands, cultivated or uncultivated, without the same being held or deemed a public nuisance or subject to be abated by any private person without due process of law. Exclusive rights. 66. Sec. V. That said corporation shall be bound, upon the application of any officer of this State, in the event of war, insurrection, rebellion, riot or other commotion, or in the punishment or prevention of crime, or the arrest of persons charged with or suspected thereof, to give to the communication of such officer preference over all others in the immediate dispatch of the same; and if any officer, clerk, operator or other person employed by said corporation shall refuse, or willfully omit to transmit, or designedly alter such message, he shall be subject, upon conviction therefor before any Court of competent jurisdiction, to be fined and imprisoned according to the discretion of the Court and in proportion to the aggravation of said offense; and the charge for such communications shall be the same as for private communications of the same length. Duties in case of war, insurection, etc. Penalty for failure. 67. Sec. VI. That every person who shall destroy, deface or injure the fixtures or property of said company, or commit any trespass on the same for the purpose of interrupting or with intent to interrupt the operation of the telegraph of said company, or its telegraphic communications, shall be liable to pay to said company the sum of five hundred dollars ($500) for each and every trespass, and in addition thereto shall be liable for all damages which the said corporation may suffer in repairing the said injury, and likewise for all damages which the said company may sustain by the interruption of its business, to be recovered by suit, at the instance of said company, and shall be further liable to indictment, conviction and punishment for the same, as provided by the laws of the State. Injury to fixtures, etc., penalty for. Damages. 68. Sec. VII. Said company shall have the right to charge for the transmission of messages over their line, such rates of compensation as they may determine, not exceeding five cents per word: Provided, however , that they may charge fifty cents for a message of less than ten words. Transmission of messages, company may charge for. 69. Sec. VIII. Said company must commence work within six months, and must have the line from Savannah to Tybee in working order on or before the first day of November, eighteen hundred and seventy-three, or forfeit all rights under this charter. Time for completing line. Sec. IX. Repeals conflicting laws. Approved February 5th, 1873.

Page 211

No. CXCI.(O. No. 214.) An Act to incorporate the Valdosta and Fort Valley Railroad Company. 70. Section I. Be it enacted by the General Assembly of the State of Georgia , That W. B. Folks, Henry B. Holiday, John H. Smith, Thomas B. Griffin, J. W. Wells, Thomas Scott, Joshua Griffin, Jas. W. Staten, W. A. Carter, Thomas J. Bevill, Joseph Ousley, William Roberts, W. G. McAdoo, John W. Hagan, James W. Roberts and associates, or such as shall organize and take stock under this Act, be and the same are hereby incorporated and made a body politic, with all the rights and privileges necessary and common to such incorporations, under the name and title of the Valdosta and Fort Valley Railroad Company, for the purpose of building a railroad from Valdosta, on the Atlantic and Gulf Railroad, running up the highlands, between the waters of the Allapaha and Little rivers, to or in the direction of the town of Vienna, in the county of Dooly, and from there on, between the Ocmulgee and Flint rivers, to Fort Valley. Corporators. Corporate name. Road may be built, where. 71. Sec. II. That said above named persons, or any five of them, after giving fifteen days' notice in some public gazette of this State, may organize and select a board of directors, one of which shall be president; shall open an office in this State, have a common seal, and open books of subscription for thirty thousand shares, at one hundred dollars a share, each share having one vote in all elections, and may increase its stock from time to time, but not to exceed fifty thousand shares; may sue and be sued, plead and be impleaded in any Court in this State, and make all necessary rules and by-laws to carry into effect the powers and design of this said incorporation: Provided , such rules are consistent with the Constitution and laws of the United States and of this State. President and directors. General powers of company. 72. Sec. III. That said company shall have the right of way to survey and locate said road, as set forth in section first, not to exceed two hundred feet in width; and whenever a disagreement for the right of way shall occur, the party or parties owning or acting as attorneys for a bona fide owner of the land shall select one referee and the agent of the company shall also select one referee, both to be disinterested freeholders of the same county, who shall examine the premises, and, under oath, after taking into consideration the present and prospective value of the road to the land thereon, fix the real damage price of said land, if any. If they do not agree, then the referees shall choose a person, the owner one, and the company one, and, from the names of these three persons one shall be drawn, who shall, under oath, act as umpire in deciding, which decision shall be filed with the Superior Court of the county in which the land is located. In case either party is dissatisfied with the decision of the arbitrators, an appeal may be taken to the Superior Court of the county where the land lies from such decision within five days from

Page 212

the rendering of the same, according to the laws now regulating appeals. Right of way. Questions of, how settled. 73. Sec. IV. That said company shall have the power to receive land and other property in payment, or in part payment, of the subscriptions to the capital stock at such valuation as may be agreed on, or may be assessed by three freeholders under such rules and regulations as may be adopted by it, and to mortgage, sell or otherwise dispose of said land, as shall be deemed most advantageous to its interest. Company may receive land, etc. Sec. V. Repeals conflicting laws. Approved February 21st, 1873. No. CXCII.(O. No. 86.) An Act to incorporate the Vanns Valley, Coosa and Chattooga Railroad Company. 74. Section I. 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, J. Hinkade, Alfred King, A. L. Jones, John Evins, Jenkins Comer, Adam Malony, James Taliaferro, R. S. Foster, Joseph Wyatt, Thomson Hyles, M. R. Hammond, J. S. Cleghorn, A. P. Algood, W. G. Simmons, H. R. Foster, J. S. Smith, T. J. Knox, Wiley P. Hinton, R. W. Jones and their associates be and they are hereby constituted a body politic and corporate, by the name of the Vanns Valley, Coosa and Chattooga 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 may exercise all the powers incident to corporations, and shall have perpetual succession. Corporators. Corporate name. General powers. 75. Sec. II. That said company shall have power and authority to survey, lay out, construct, equip and use a railroad from Cave Spring, or from some place or point on the Selma, Rome and Dalton Railroad, near Cave Spring, that may be most convenient and beneficial, to be determined on running thence the best and most practicable route, up Chattooga Valley, by way of Summerville, to or near Tryon Factory, in Chattooga county, in this State, and charging such sum for freight and travel as may be deemed just and 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 the 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. Company may construct railroad, where. Freight. Books of subscription. May borrow money, hold real estate, etc. 76. Sec. III. That the capital stock in said company shall be divided into shares of one hundred dollars each, and shall not exceed eight hundred thousand dollars. Capital stock.

Page 213

77. Sec. IV. 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, the owner of the land shall select one man, or his agent or attorney may do so, and the agent of the company shall select one, who shall be disinterested parties, and if the two cannot agree as to 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-five feet in width on each side of the track of said road: And provided, further , that said assessors shall take into account in assessing damages the prospective value of the road to the land, and assess accordingly. Questions as to right of way, how settled. 78 Sec. V. 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 consolidate 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 agreed upon with such roads. Company may lease connecting roads. 79. Sec. VI. That said company may, if thought best, construct a branch road from some point running towards or to the iron and coal beds in Chattooga and Walker counties: Provided , the same do not conflict with the chartered rights of any road now existing. May construct branch roads. 80. Sec. VII. That the said company shall have full power to do all and every such corporate act as are permitted and allowed to other companies for similar purposes. Other powers. Sec. VIII. Repeals conflicting laws. Approved February 19th, 1873. No. CXCIII.(O. No. 187.) An Act to amend an Act to incorporate the Walton Railroad Company, and for other purposes, approved August 27th, 1872. 81. Section I. The General Assembly of the State of Georgia do enact , That the second section of the above recited Act be so amended as to read as follows: The said company shall have power and authority to survey, lay out, construct and build a railroad from Gainesville, in the county of Hall, via Monroe, in the county of Walton, and to extend the same so as to connect with Macon, Monticello and Atlanta 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

Page 214

may be thought proper by the board of directors, who may make all such rules and regulations as may be necessary for the good of the corporation and to effect the objects of its charter: Provided , such rules and regulations be not repugnant to the Constitution and laws of this State and of the United States. Road may be built where. Books of subscription. Rules and regulations. 82. Sec. II. That the third section of said Act be so amended as to read: The capital stock of said company shall be five hundred thousand dollars, which may be increased to one million should the exigencies 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 in said company, upon such terms and conditions as may be satisfactory to both. Capital stock. 83. Sec. III. That Joseph H. Banks, P. F. Lawshe, R. J. Castleberry, and John E. Redwine, be added to the board of corporators named in the first section of the Act of which this is amendatory. Additional corporators. Sec. IV. Repeals conflicting laws. Approved February 21st, 1873.

Page 215

TITLE II. COUNTIES AND COUNTY REGULATIONS. No. Act. 194. Appling, Public Buildings. 195. Banks, Commissioners of Roads, etc. 196. Banks, Middle River. 197. Bartow, County Treasurer. 198. Bibb, Board of Education. 199. Bibb, Commissioners. 200. Bibb, Road Laws. 201. Bryan, Clerk and Sheriff. 202. Bryan, Public Road Commissioners. 203. Bullock, Commissioners of Roads etc. 204. Burke, Columbia, McDuffie and Richmond, Insolvent Costs. 205. Burke, Commissioners of Roads, etc. 206. Burke and Monroe, County Debt. 207. Burke, Outstanding Bonds. 208. Burke, Treasurer. 209. Butts, Bonds. 210. Butts, School Tax. 211. Calhoun, Commiss'ers of Roads. 212. Calhoun, Issue of Bonds. 213. Camden, Thomas and Echols, Commissioners of Roads. 214. Carroll and Haralson, Line between 215. Clay, Commissioners. 216. Chatham, Bridge over Skidaway river. 217. Chatham and Bryan, Deer, Turkeys, etc. 218. Chatham, Commissioners. 219. Chatham, Road Law. 220. Chatham, Skidaway Shell Road. 221. DeKalb, Henry, Carroll and Sumter, Criminal Court. 222. Dooly, Commissioners of Roads, etc. 223. Dougherty, Commissioners of Roads, etc. 224. Dougherty, County Court. 225. Dougherty, County Tax. 226. Dougherty, Road Commissioners. 227. Dougherty, Early and Lee, County Court. 228. Douglass, Sheriff and Clerk, pay of. 229. Emanuel, Dooly and Gilmer, Public School System. 230. Fayette, Insolvent Costs. 231. Floyd, Berrien, Effingham, Schley, Sumter and Greene, Commissioners of Roads. No. Act. 232. Floyd, Commissioners of Roads. 233. Floyd, County Court. 234. Forsyth, Educational Fund. 235. Franklin, Jury Scrip. 236. Franklin, Road Commissioners. 237. Gilmer, Fannin, Pickens, Murray and Rabun, Bonds of Sheriffs. 238. Gilmer and Terrell, Commissioners of Roads, etc. 239. Glascock, Jail. 240. Glynn, Criminal Costs. 241. Glynn, Public Instruction. 242. Habersham, County Court. 243. Hall, County Academy. 244. Hart, Commissioners. 245. Houston, Farming out of Convicts. 246. Houston and Glynn, Farm Products. 247. Irwin, Fees of Constables. 248. Jefferson, Burke and Washington, Sale of Liquor. 249. Johnson, Ohoopee River. 250. Laurens and Glascock, Commissioners. 251. Lincoln, County Court. 252. Lowndes and Berrien, Line between. 253. Lumpkin, Pay of Jurors. 254. Marion, Lincoln, McDuffie and Douglass, Insolvent Costs. 255. Marion, Talbot, Stewart and Chattahoochee, Criminal Courts. 256. McIntosh, Public Buildings. 257. Meriwether, Commissioners of Roads. 258. Miller, pay of Jurors. 259. Mitchell and Colquitt, Line changed. 260. Mitchell, Commissioners. 261. Monroe, Camden, Houston and Ware, Bonds of County Officers. 262. Montgomery, Commissioners of Roads. 263. Murray, Commissioners of Roads. 264. Muscogee, County Court. 265. Newton, Special Tax. 266. Newton, Stewart and Jasper, License to Retail Liquor. 267. Paulding, Commissioners of Roads. 268. Pike, Public Buildings.

Page 216

No. Act. 269. Putnam, County Court. 270. Quitman, Commissioners Roads, etc. 271. Rabun, Surveyor's Instruments. 272. Richmond, Commissioners of Roads. 273. Schley and Macon, Buck Creek. 274. Screven, Sale of Liquor. 275. Spalding and Butts, Commissioners of Roads. 276. Stewart, Chattahoochee, Fayette, Washington, Putnam, Taliaferro, Randolph and Mitchell, Sale of Farm Products. 277. 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, Pay of Jurors. No. Act. 278. Sumter, Insolvent Costs. 279. Sumter, Magnolia Institute. 280. Tatnall and Emanuel, Canoochee River, penal to obstruct. 281. Terrell, Criminal Court. 282. Terrell, Insolvent Costs. 283. Thomas, Free Schools. 284. Union and Towns, Public Roads. 285. Upson, Insolvent Costs. 286. Walker, Commissioners of Roads, etc. 287. Ware, County Site. 288. Wayne, County Site. 289. Webster, Beavor Dams. 290. Webster, County Commissioners. 291. White, Commissioners of Roads, etc. 292. Wilcox, Camp Hunting. 293. Wilcox, Commissioners of Roads. 294. Wilcox, Rafting Timber. 295. Wilkinson, Commissioners of Roads, etc. No. CXCIV.(O. No. 250.) An Act to authorize the Ordinary of the County of Appling to sell and convey the Court-house and public lands appertaining thereto, situated in the town of Holmesville, in said county, and to apply the proceeds thereof to the payment of the cost already incurred or to be incurred in the erection of a new Court-house in said town of Holmesville and county aforesaid. 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 from and after the passage of this Act, the Ordinary of the county of Appling be and he is hereby authorized to sell and convey the Courthouse and public lands appertaining thereto, in the town of Holmesville and county aforesaid, and apply the proceeds thereof to the payment of costs already incurred or to be incurred in the erection of a new Court-house in said town of Holmesville and county aforesaid. Old Courthouse, sale of, authorized. Application of proceeds. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CXCV.(O. No. 1.) An Act to provide for a Board of Commissioners of Roads and Revenue for the county of Banks, to define their duties, and for other purposes therein named. 2. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That a board of commissioners of roads and revenue is hereby provided for the county of Banks.

Page 217

Said board shall consist of three persons, to be elected on the first Saturday in March, 1873, and thereafter at the regular time for holding elections for county officers. They shall hold in every case until their successors are elected and qualified, and shall be elected in accordance with the laws now of force regulating the election of county officers. Commissioners of roads and revenue. When elected. Term of office. 3. Sec. II. That each member of said board, before entering upon his duties, besides the general oath required of county officers, shall be sworn before one other member of said board, all of whom are empowered to administer said oaths, to faithfully discharge the duties of a commissioner of roads and revenues of the county of Banks: the same shall be written down, subscribed and attested in a book of minutes, as hereinafter provided. Oath of office. 4. Sec. III. That said board shall hold regular monthly sessions, at the Court-house, on the first Monday in each month; two shall constitute a quorum for the transaction of business; and the votes of the two shall decide any question. Monthly sessions. Quorum. 5. Sec. IV. The Clerk of the Superior Court shall attend the sessions of the board, shall keep a minute of all the proceedings in a well-bound book, to be provided at the expense of the county, and shall receive the same pay or compensation formerly allowed the Clerk of the Inferior Court for like services. Clerk. 6. Sec. V. That said board of commissioners shall have exclusive jurisdiction over the following subject matters, to-wit: 1st. In holding and controlling all property belonging to the county. 2d. In levying general and special taxes for county purposes. 3d. In contracting for or letting out bridges and all other public works. 4th. In changing and abolishing election precincts, and over all other matters over which the Inferior Court had jurisdiction at the time it was abolished. Jurisdiction of board. 7. Sec. VI. It shall be the duty of said board of commissioners to make a written report, at each term of the Superior Court, to the grand jury, giving fully the financial conditon of the county, which said said report shall be sworn to and subscribed by said board of commissioners before any officer authorized to administer oaths, and shall be handed to the foreman of the grand jury on the first day of the regular term of each Superior Court. Written report to grand jury. 8. Sec. VII. That said board of commissioners shall be a body corporate, and may sue and be sued, plead and be implead in all matters falling within their jurisdiction as herein defined: Provided, however , that no judgment, order or decree of any Court shall have any effect against the individual property of any member of said board, but only to constitute a charge against the county, of which the commissioners are the representatives. Body corporate. Individual property of commissioners. 9. Sec. VIII. Said board of commissioners shall not be entitled to any compensation for their services unless the same shall be recommended by the grand jury of the county. Compensation. Sec. IX. Repeals conflicting laws. Approved January 28th, 1873.

Page 218

No. CXCVI.(O. No. 277.) An Act to make it penal to obstruct the waters of Middle River in the county of Banks. 10. 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 person or persons shall cut or fell timbers in the waters of Middle River, in the county of Banks, or shall throw any rails or timbers of any kind in the same, whereby rafts or collections of timber are formed by which the current of said river is obstructed, shall be guilty of a misdemeanor and, on conviction thereof, shall be punished as provided in section 4245 of Irwin's Revised Code. Middle river, penal to obstruct waters of. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CXCVII.(O. No. 281.) An Act to repeal an Act to regulate the Commissions to be allowed the County Treasurer of the county of Bartow. 11. Section I. Be it enacted by the General Assembly of the State of Georgia , That the commissions to be allowed the county treasurer of Bartow county shall be one and one-fourth per cent. on all sums received by him, and one and one-fourth per cent. on all sums paid out by him: Provided , that the provisions of this Act shall not go into effect before the first day of January, 1875. County treasurer, commissions for. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CXCVIII.(O. No. 289.) An Act to amend an Act entitled 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, approved August 23 d , 1872. 12. 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 said board organized under said Act shall have power to elect a treasurer, and require of such officer such bond as they may deem necessary, and that the treasurer of said board shall be entitled to and shall receive from the tax collector of Bibb county the tax assessed, levied and collected in said county to support the system of schools and orphan

Page 219

homes which said board may establish, as well as all moneys belonging to said board which may be paid by the State School Commissioner, or by the Treasurer of the State of Georgia, or which may become the property of said board from any source whatsoever, and to control and disburse the same under the direction of said board. Treasurer, board may elect. 13. Sec. II. That the action of said board in electing a treasurer under the general franchises granted in the Act to which this is an amendment, be and the same is hereby ratified and confirmed, and that the treasurer already elected by said board shall have all the powers recited in the foregoing section. Action of the board legalized. Sec. III. Repeals conflicting laws. Approved February 24th, 1873. No. CXCIX.(O. No. 16.) An Act to establish a County Board of Commissioners for the county of Bibb, to define their duties, and for other purposes therein named. 14. Section I. 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 Bibb a board of commissioners, to be constituted as follows: The Judge of the Superior Court, the Clerk of the Superior Court and the Sheriff of the county of Bibb shall make nominations for appointment to said office, and from those nominated the Governor may appoint five to said office, whose term of office shall be four years from the 1st day of January, 1873. Board of commissioners. 15. Sec. II. That the successors of the aforesaid commissioners shall be appointed and commissioned by the Governor, at the expiration of the term of office of the commissioners aforesaid, and every four years thereafter. Successors, Governor to appoint. 16. Sec. III. That vacancies occurring from death, resignation or otherwise, shall be filled by the remaining commissioners; that the persons chosen shall be commissioned by the Governor for the unexpired term of the outgoing commissioners, and hold office accordingly; that no person shall be eligible under this Act, unless he has been a resident citizen in the county for at least one year next preceding his appointment. Vacancies, how filled. Who eligible. 17. Sec. IV. That all the powers and duties of the Ordinary of Bibb county, so far as the same relates to bridges, fences, public buildings, and other property, poor house and farm, jail fees, and the management of the jail, assessing and collecting tax, disbursing money for county purposes, and all laws in reference thereto, are hereby conferred upon said county board of commissioners. Powers and duties of board. 18. Sec. V. That each member of said board before entering upon his duties as commissioner shall be sworn by the Judge of the Superior Court of said county faithfully and truly to discharge the duties

Page 220

of commissioner as aforesaid, which oath shall be written, subscribed and attested in a book of minutes, to be kept as hereinafter provided. Oath of commissioners. 19. Sec. VI. That said board shall hold regular sessions at the court-house in said county on the first Tuesday in each month, and special sessions as often as a majority of said board may determine. Regular sessions. Special sessions. 20. Sec. VII. That it shall require three of said commissioners to constitute a quorum for the transaction of business, and three must concur to pass any order or decree. Each of said commissioners shall be entitled to two dollars per day for each day they sit for county purposes, to be paid out of the treasury of said county, upon warrant drawn by said board or a majority thereof. Quorum. Compensation. 21. Sec. VIII. That said board shall have exclusive jurisdiction when sitting for county purposes, over the following subject-matters, to-wit: Exclusive jurisdiction. 1st. Governing and controlling all property in the county as they may deem expedient according to law. County property. 2d. In levying a general tax for general and a special tax for particular county purposes, according to the laws of Georgia. Tax for county purposes. 3d. In establishing. altering and abolishing all roads, bridges and ferries in conformity to law. Roads, bridges, etc. 4th. In establishing and changing election precincts and militia districts. Election preciners and militia districts. 5th. In examining, settling and allowing all claims against the county. Claims against county. 6th. In examining and auditing the accounts of all officers now or heretofore 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. Account of officers, etc. 7th. In making such rules and regulations for the support of the poor of the county, and for the promotion of the health of the citizens of the county as are authorized by law or are not inconsistent therewith. County poor. 8th. In regulating peddling, and fixing the cost of license therefor. Licenses. 22. Sec. IX. That all the powers heretofore conferred and duties imposed upon the Ordinary of Bibb county by an Act entitled An Act to alter and amend the road laws of the 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 12th, 1871, be and the same are hereby conferred and imposed upon said county board of commissioners by this Act. Road laws, powers as to, conferred on board. 23. Sec. X. That it shall be the duty of said commissioners to publish semi-annually, in the first week of January and July in each year, in one or more of the newspapers published in the city of Macon, an itemized statement of the receipts and expenditures of the funds of said county. Statements of receipts and expenditures. 24. Sec. XI. That the Clerk of the Superior Court of said county shall be the clerk of said board of commissioners. His duties shall

Page 221

be defined by said board, with such compensation, to be paid out of the county treasury, as said board of commissioners may see proper to give himsaid compensation, however, not to exceed two hundred dollars per annum. Clerk, who shall be. Compensation and duties of. 25. Sec. XII. That said board of 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. Record of proceedings. 26. Sec. XIII. 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. Board a body corporate, may sue, etc. Property of members. 27. Sec. XIV. That said board, for the building and maintenance of public roads, shall also levy a tax upon the taxable property of said county, when recommended by the grand jury of said county, not exceeding one-sixth of one per cent., and shall also, in their discretion, assess the amount at which persons subject to work the public roads of said county may in money commute such labor: Provided , that in all cases it shall be the right of any one subject to road duty to work the roads as now provided by law, and such persons so working, either in person or by proxy, shall not be subject to said commutation tax. Tax for road purposes. Money in lieu of work on roads. 28. Sec. XV. That all the powers heretofore conferred upon the Ordinary of said county, in relation to the examination and approval of the bonds of the county officers, and their qualifications as officers, be and the same are hereby conferred upon said county board of commissioners, to whom, from and after the passage of this Act, all such bonds shall be sent, and before whom all the county officers of said county of Bibb shall qualify. Bonds of county officers, board to approve. Sec. XVI. Repeals conflicting laws. Approved February 6th, 1873. No. CC.(O. No. 268.) An Act to amend an Act entitled 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 th , 1871, so far as said Act relates to the county of Bibb . 29. Section I. The General Assembly of the State of Georgia do enact , That the commissioners provided for in said Act for the county of Bibb, shall be known as the Road Commissioners for the county of Bibb. Road commissioners.

Page 222

30. Sec. II. That said road commissioners shall have the authority to appoint a superintendent of roads, who shall be a comtent builder of roads, to fix his salary and to prescribe his duties; his term of office shall expire on the first day of January of each year: Provided , that said commissioners may at any time remove said superintendent for incompetency, neglect of duty or any other cause deemed sufficient by said commissioners. May appoint superintendent of roads. Proviso. 31. Sec. III. That if any one of said road commissioners shall absent himself from three of the meetings of said commissioners, either regular or called, during one year without a sufficient excuse, to be judged of by said commissioners, said absence shall operate as a removal of said commissioner from office, and the vacancy caused thereby shall be filled as prescribed by law. Commissioners, absence of, from meetings cause for removal. 32. Sec. IV. That all powers and duties conferred and imposed upon the Ordinary of Bibb county by the Act of which this Act is amendatory, be and the same are hereby transferred to the county board of commissiones for Bibb county. Certain duties transferred from Ordinary to board. 33. Sec. V. That sections seven and eight of the Act of which this Act is amendatory, and all laws and parts of laws militating against this Act be and the same are hereby repealed. Repealed. Approved February 22d, 1873. No. CCI.(O. No. 13.) An Act to authorize the Ordinary, the Clerk of the Superior Court and the Sheriff of the county of Bryan, to keep their offices and the public documents in their charge at their respective residences in said county. Whereas, There are no suitable or secure offices at the Court-house in said county; and whereas, no person resides within one mile of the building used as said Court-house; therefore, for the proper keeping and security of the public records of said county. Preamble. 34. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That from and after the passage of this Act it shall and may be lawful for the Ordinary, the Clerk of the Superior Court and the sheriff of the county of Bryan, in the State of Georgia, to keep their offices and all public documents pertaining thereto at their respective residences in said county. Books of county officers may be kept at residence of officers. Sec. II. Repeals conflicting laws. Approved February 5th, 1873.

Page 223

No. CCII.(O. No. 225.) An Act to establish a Board of Road Commissioners and to provide a system for working the public roads in the county of Bryan, and for other purposes. 35. 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 there shall be established in and for the county of Bryan a board of road commissioners, to consist of one commissioner for each road district, who shall be appointed in the manner hereinafter designated and with the powers hereinafter conferred, a majority of said board being a quorum for the transaction of business at meeting of the board. Board of commissioners. Quorum. 36. Sec. II. That it shall be the duty of the grand jury of said county, at the spring term of the Superior Court, 1873, to appoint a board of commissioners to consist of one commissioner for each road district, whose term of office shall be two years from the date of their appointment. The successors of the aforesaid commissioners shall be appointed every two years by the grand jury of Bryan county. Vacancies occurring from death, resignation or otherwise shall be filled by the remaining commissioners, and the persons chosen to fill the vacancies occurring shall be commissioned for the unexpired term of the outgoing commissioners and hold their office accordingly. Grand jury to appoint. Successors to be appointed every two years. Vacancies how filled. 37. Sec. III. That when the said road commissioners shall have been appointed in the manner hereinbefore prescribed, it shall be the duty of said road commissioners appointed to convene at the Court-house in Bryan county annually upon the first Monday in July each year, at which time they shall organize and form themselves into a board of road commissioners by the selection of one of their number as chairman. The Clerk of the Superior Court being ex officio secretary of such board, who shall receive the sum of five dollars per day for each day's attendance at the meetings of such board. It shall be the duty of the Ordinary of said county to furnish to such road commissioners a well bound book in which said secretary shall fully and accurately record the proceedings, actings and doings of such board. When such commissioners shall so have perfected their organization, the care, management and control of such Ordinary in the public roads of Bryan county shall entirely cease, and be vested exclusively in such commissioners; the sole right and authority to grant and establish public roads and private ways is hereby delegated to the board of commissiones hereby created, who, in establishing such roads or ways, shall be guided and governed by the provisions of sections 643, 644, 645 and 646 of Irwin's Revised Code. The said commissioners shall, in their discretion, be at liberty to discontinue or disestablish any public road which was a public road previous to the first day of January, 1865, unless

Page 224

it be a public road upon which a ferry or bridge where toll is authorized to be collected, in which event the said road shall be discontinued, only after due compensation made to the proprietor of such bridge or ferry which shall be established, as in cases of fixing rights of way. Annual meeting of the board. Chairman and secretary. Compensation. Record of porceedings to be kept. Management of roads to be vested in board. Board may discontinue public roads. 38. Sec. IV. That all male inhabitants of Bryan county, between the ages of sixteen and fifty years shall be subject to work the roads, of said county, under the authority and direction of said commissioners during a period of ten actual working days in the fall season of each year. There shall be appointed by said board one overseer for each road district of said county, who shall be ex officio summoner for his own district, who, when so directed by the commissioner for his district, shall summon out the hands in his district, giving them notice, in writing, of the time and place of meeting, and to bring with them the necessary working tools and provisions, and in consideration of the performance of his said duty as summoner, he shall be exempt from the performance of manual labor in working the roads during the continuance of his term of office. The said road commissioner shall have, however, the power to divide the term of work of the laborer into two equal parts of five days each: Provided , that no laborer shall be required to work the roads, except in the fall season of the year. The laborer may, if he desires, be relieved and excused from the performance of road duty upon the payment to the commissioners of roads for his district the sum of fifty cents per day, in advance, for every day of relief from work, the moneys so paid to such commissioner to be applied in having other labor to be employed upon the same district. Who are liable to road duty. Overseers of roads, board to appoint. Duties of overseers. Roads to be worked, when. 39. Sec. V. That in the event of failure of any person summoned as aforesaid to appear and perform the duties which may be required of him by the overseer of his district, such laborerer shall, for each day's absence from duty, or for an absence of any part of one day, be liable to a fine not less than two dollars nor more than ten dollars; and in the event of a failure to pay such fine, shall be liable to imprisonment not to exceed ten days in the county jail of the county. Defaulting road hands, how dealt with. 40. Sec. VI. That it shall be the duty of each commissioner of roads to make a return, under oath, to the grand jury of the Superior Court of Bryan county, at the fall term thereof, of the actings and doings of himself and his subordinates in his district, and of the number and names of the hands subject to road duty in his district, and of the amount of hired labor employed in his district during the year, which return shall be carefully examined by the grand jury, and, in the event it shall appear that the commissioner shall not have exacted, required or caused to be done by each person liable as aforesaid to road duty his full term of work, as aforesaid, it shall be the duty of the grand jury to report such finding to the Judge of the Superior Court, who shall fine such delinquent commissioner in a sum not less than twenty-five nor more than five hundred dollars. All moneys to be raised under this provision shall be

Page 225

applied in and towards the benefit of the district controlled by such commissioner. Commissioners to make returns to Ordinary. 41. Sec. VII. That the aforesaid provisions limiting the time of work to the fall season of the year shall not be construed to prevent or interfere with the right of such board or of such district commissioner, in the event of the occurrence of an injury to or destruction of a bridge, or any extraordinary damage to a road, to call out the road hands at any other season of the year, crediting the amount of such extraordinary service to the road hands, and deducting the same from his annual obligation of service. Injury to bridges, etc., hands shall repair at any time. 42. Sec. VIII. That it shall be the duty of the Ordinary of Bryan county to have fifty copies of this Act printed in pamphlet form for the use of road commissioners. Ordinary to have fifty copies of this Act printed. Sec. IX. Repeals conflicting laws. Approved February 21st, 1873. No. CCIII.(O. No. 171.) An Act to alter and amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenue in the county of Bulloch, approved August 24 th , 1872. 43. 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 sixth section of the above entitled Act be so altered and amended as to substitute the word Monday for the word Tuesday wherever the latter occurs in said section. Sixth section amended. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CCIV.(O. No. 38.) An Act to provide for the payment of certain insolvent criminal costs in the Augusta Judicial Circuit. 44. Section I. Be it enacted by the General Assembly of the State of Georgia , That whenever at any term of the Superior Court of any county of the Augusta 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: Provided , nothing in this Act shall be deemed or considered mandatory to the grand jury; but they shall have full discretion to recommend

Page 226

or not, as they see proper, the payment of said criminal and insolvent costs. Insolvent costs, grand jury may recommend payment of. Proviso. Sec. II. Repeals conflicting laws. Approved February 15th, 1873. No. CCV.(O. No. 251.) An Act to establish a Board of Commissioners of Roads and Revenue for the county of Burke, and to define their powers. 45. Section I. Be it enacted by the authority of 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 and revenue for the county of Burke, to consist of five persons, to be elected by the grand jury of said county, and commissioned by the Governor, who shall hold their office for the term of four years; the first election to be held at the next term of the Superior Court of said county, after the passage of this Act. Said commissioners shall be exempt from militia, road and jury duty, but they shall not receive any other compensation for their services. Commissioners of roads and revenue. Elected by grand jury. Term of office. Exempt from road, militia and jury duty. 46. Sec. II. That said commissioners may be removed from office by the Governor, upon the petition of two-thirds of any grand jury of said county. Removable by Governor. 47. Sec. III. That before entering upon the duties of their office, said commissioners shall, in addition to the oath usually required by law of county officers, take and subscribe an oath for the faithful discharge of the duties of county commissioners. Oath of office. 48. Sec. IV. That no person shall be eligible to the office of county commissioner, who has not been a citizen of said county at least one year immediately preceding his election. Who eligible. 49. Sec. V. That when a vacancy occurs, said vacancy shall be filled by the grand jury, at the next term of the Superior Court of said county after the occurrence of said vacancy, or by any subsequent grand jury. Vacancies, how filled. 50. Sec. VI. That persons elected to fill vacancies shall be commissioned for the unexpired term of the person whose vacancy he is elected to fill. Unexpired terms. 51. Sec. VII. That said commissioners shall have power to employ a clerk, with such compensation as they may see fit to give him, not to exceed one hundred dollars per annum, whose duty it shall be to keep a correct record of all the proceedings of said commissioners, in a book for that purpose. Clerk. 52. Sec. VIII. That not less than three of said commissioners shall hold a Court, or pass any order or decree; and when three preside, it shall require a unanimous concurrence to pass any order or decree. Quorum. 53. Sec. IX. That when four of said commissioners preside, and

Page 227

are equally divided in their opinions, the question or case on which it arises shall be postponed until the fifth commissioner can preside with them. Questions, how to be determined. 54. Sec. X. That they shall be disqualified from holding any other county office, but eligible as members of the General Assembly. Disqualifications. 55. Sec. XI. That said commissioners shall have power to punish for contempt by fines not exceeding fifty dollars, or imprisonment not exceeding thirty days. Contempt. 56. Sec. XII. That said commissioners, when sitting for county purposes, shall have original and exclusive jurisdiction over the following subject-matters, to-wit: First, in directing and controlling all the property of the county, as they may deem expedient, according to law; second, in levying a general tax for general and a special tax for special purposes, according to law; third, in establishing, altering or abolishing all roads, bridges and ferries, in conformity to law; fourth, in establishing and changing election precincts and militia disiricts; fifth, in supplying by appointment all vacancies in county offices, aud ordering elections to fill them; sixth, in examining, settling and allowing all claims against the county; seventh, in examining and auditing the accounts of all officers having the care, management, keeping, collecting or disbursement of money belonging to the county, or appropriated for its use and benefit, and bringing them to a settlement: eighth, in making such rules and regulations for the support of the poor of the county, for the promotion of health, as are granted by law, or are not inconsistent therewith; ninth, in regulating peddling and fixing the cost of license therefor; tenth, to exercise such other powers as are granted by law, or are indispensable to their jurisdiction. Exclusive jurisdiction. 57. Sec. XIII. That said board of commissioners shall hold one session on the first Tuesday in each and every month, at the county site, and may sit at any other time they may deem necessary for county purposes. Monthly sessions. Sec. XIV. Repeals conflicting laws. Approved February 22d, 1873. No. CCVI.(O. No. 112.) An Act to compel the Tax Collectors of the counties of Burke and Monroe to receive any debt due by said counties in payment of taxes due said counties. 58. 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 the counties of Burke and Monroe to receive any debt due by said counties, and which has been ordered

Page 228

paid by the proper authorities, or which is in judgment against said counties, in payment of taxes due said counties. Debts due by Burke and Monroe counties, etc. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCVII.(O. No. 141.) An Act to authorize the proper authorities of the county of Burke to redeem the outstanding bonds of said county with new bonds of the denomination of one hundred dollars ore more. 59. Section I. Be it enacted by the authority of the General Assembly of the State of Georgia , That from and after the passage of this Act it shall and may be lawful for the proper authorities of the county of Burke to redeem the outstanding bonds of said county with new bonds of said county of the denomination of one hundred dollars or more. Bonds, issue of, to redeem outstanding bonds. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCVIII.(O. No. 81.) An Act to make the Tax Collector of Burke county ex officio County Treasurer of said county, and for other purposes therein named. 60. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act the tax collector of the county of Burke shall be ex officio treasurer of said county, and shall give bond as such in addition to the bond required of him as tax collector, but shall receive no fees for the performance of the duties of treasurer. Tax collector to be ex officio treasurer. 61. Sec. II. That nothing in the first section of this Act shall be so construed as to prevent the present treasurer of said county of Burke from discharging the duties of his office and receiving the lawful fees therefor during his present term of office. Present term of treasurer not affected. Sec. III. Repeals conflicting laws. Approved February 19th, 1873.

Page 229

No. CCIX.(O. No. 210.) An Act to amend an Act to authorize the Ordinary of Butts to issue bonds to raise money to build a Court-house, and to authorize the commissioners to remove the county site of Lee county, to issue bonds of said county to build a Court-house and jail at the new county site of said county of Lee, and for other purposes. 62. Section I. The General Assembly of the State of Georgia do enact , That from and immediately after the passage of this Act, an Act entitled an Act to authorize the Ordinary of Butts county to issue bonds to raise money to build a Court-house, approved August 23d, 1872, be amended by changing the word five before the word thousand to nine. Bonds, issue of, allowed to build Court-house in Butts county. 63. Sec. II. That the commissioners to remove the Court-house in the county of Lee be and they are hereby authorized and required to issue bonds of the said county for the purpose of building a new Court-house and jail for said county, said bonds, in the discretion of said commissioners, to be issued in sums of not less than one hundred nor more than one thousand dollars, with coupons attached, interest at not more than ten per cent., payable annually: Provided , that not more than ten thousand dollars of said bonds shall be issued; and, provided, further , said bonds shall be signed by four-fifths of said commissioners, attested by the Ordinary with his official signature and seal, and the number, amount, date of issue and date of maturity of each bond shall be recorded by said Ordinary. Bonds, issue of, authorized to build Court-house for Lee county. 64. Sec. III. That said bonds shall mature as follows: One-fifth in two years, one-fifth in three years, one-fifth in four years, one-fifth in five years and one-fifth in six years; and the Ordinary of Lee county is hereby authorized and required to levy and have collected from year to year an extraordinary tax to meet the interest and to take up said bonds as they may become due. Bonds to mature, when. Sec. IX. Repeals conflicting laws. Approved February 21st, 1873. No. CCX.(O. No. 158.) An Act to authorize the Ordinary of Butts county to levy a tax to pay the tuition of the indigent children of said county for the year 1872. 65. Section I. 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 Ordinary of Butts county be authorized and required to levy a tax sufficient to pay the tuition of the indigent children of said county for the year 1872, under the law in force for the year 1865. School tax for 1872, Ordinary may levy. Sec. II. Repeals conflicting laws. Approved February 20th, 1873.

Page 230

No. CCXI.(O. No. 258.) An Act to create a Board of Commissioners of Roads and Revenue for the county of Calhoun, and to define the powers and duties thereof. 66. Section I. 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 Calhoun, consisting of five members, to be elected by the grand jury at the Spring term of the Superior Court of said county, in the year 1873, and of the Spring term of said Court every second year thereafter. Commissioners of roads and revenue. 67. Sec. II. That each of said commissioners, before entering upon the duties of his office, shall be sworn before any officer authorized to administer oaths in this State (besides the general oath required of county officers) faithfully to discharge the duties of a commissioner of the roads and revenue of the county of Calhoun, which oath shall be subscribed, attested and recorded in a book of minutes, to be kept as hereinafter described. Oath of office. 68. Sec. III. That it shall require a majority of said commissioners to form a quorum for the transaction of business, and shall when sitting for county purposes have exclusive jurisdiction over the following subject matters, to-wit: 1st. In holding and controlling all the property belonging to the county. 2d. In levying general and special taxes for county purposes. 3d. In contracting for and letting out bridges and all other public works, and over all other county matters over which Justices of the Inferior Court had at the time of adoption of the present Constitution of the State. Quorum. Exclusive jurisdiction. 69. Sec. IV. That said commissioners shall hold a session on the first Tuesday in each month at the Court-house, and may convene in extraordinary session whenever in their judgment it may be necessary, and shall have power when in session to punish for contempt, and may in their discretion order the sheriff or his deputy to attend their sessions. Monthly sessions. 70. Sec. V. That should a vacancy occur in said board, it shall be the duty of the remaining members of said board to fill said vacancy by appointment. It shall be the duty of said board of 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 (not inconsistent with law) by said board, and before entering upon the duties of his office shall take and subscribe an oath before one of said commissioners (besides the general oath required of county officers) faithfully to discharge the duties required of him as clerk of said board, and also to enter into bond with good security, to be approved by said board, in the sum of five hundred dollars, payable to said board of commissioners and their successors in office, conditioned for the faithful discharge of his

Page 231

duties as such clerk. Said clerk shall hold his office at the discretion of said board, subject to be removed at any time. Vacancies, how filled. Clerk. 71. Sec. VI. That said commissioners shall, during their continuance in office, be exempt from road, jury and militia 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 every second year may 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; that said clerk shall also be exempt from road, jury and militia duty. Commissioners exempt, from what. Compensation. 72. Sec. VII. That said commissioners and said clerk shall each have authority to administer oaths in all matters appertaining to the duties of their respective offices. Oaths, commissioners may administer. Sec. VIII. Repeals conflicting laws. Approved February 22d, 1873. No. CCXII.(O. No. 139.) An Act to repeal an Act entitled 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, approved August 23 d , 1872. 73. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, an Act entitled 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, approved August 23d, 1872, be and the same is hereby repealed. Bonds, issue of, authorized. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCXIII.(O. No. 119.) An Act to provide for a Board of Commissioners of Roads and Revenue for the counties of Camden, Thomas and Echols. 74. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act there shall be established in the counties of Camden, Thomas and Echols a board of commissioners of roads and revenue, to consist of five persons, who shall hold their office four years from January the 1st, 1873. Commissioners. Term of office. 75. Sec. II. That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matters, to-wit: In approving of all official bonds of county officers; in governing

Page 232

and controlling all county property as they may deem expedient under the law; in levying all taxes for county purposes; in establishing, altering all roads, bridges and ferries according to law; in examining and settling all claims against the county; in examining and auditing the accounts of all officers having the care, management, keeping, collecting or disbursement of money belonging to the county. Exclusive jurisdiction. Official bonds. County property. Claims against county. County funds. 76. Sec. III. 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 abolishment of said Court. Road commissioners. 77. Sec. IV. That all vacancies of said board shall be filled by the Judge of the Superior Court of said counties. Vacancies. 78. Sec. V. That said board shall be exempt from jury and militia duty. Exemption. 79. Sec. VI. That immediately after the passage of this Act it shall be and it is hereby made the duty of the Governor of the State to appoint and commission forthwith five persons to act as said commissioners for the time aforesaid. Governor to appoint commissioners. 80. Sec. VII. That said commissioners shall each subscribe an oath to faithfully discharge the duties imposed by the provisions of this Act. Oath of office. 81. Sec. VIII. That this law shall take effect immediately after its passage. Sec. IX. Repeals conflicting laws. Approved February 20th, 1873. No. CCXIV.(O. No. 17.) An Act to change a part of the line between the counties of Carroll and Haralson, and for other purposes. 82. 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 county line between the counties of Carroll and Haralson be changed as follows, to-wit: Commencing on the line between said counties at the southwest corner of lot of land number one hundred and forty, in the eighth district of Carroll originally, and from thence running a straight line in a northeasterly direction to the northwest corner of lot of land number two hundred and fifty nine, in the original seventh district of Carroll county, where it intersects the old county line between said counties. Carroll and Haralson counties part of line changed. Sec. II. Repeals conflicting laws. Approved February 7th, 1873.

Page 233

No. CCXV.(O. No. 106.) An Act to create a Board of Commissioners for the county of Clay and to prescribe and define the powers and duties thereof. 83. Section I. 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, there shall be established in the county of Clay, in this State, a board of county commissioners to consist 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 outgoing commissioners and hold their offices accordingly. Commissioners, election of. Vacancies, how filled. Term of office. 84. Sec. II. That said commissioners shall be exempt from road and jury duty during their term of office. Exempt. 85. Sec. III. 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. 86. Sec. IV. That said board shall have exclusive jurisdiction when sitting for county purposes over the following subject-matters, to-wit: first, governing and controlling all property of the county as they may deem expedient, according to law; second, in levying a general tax for general and a special tax for particular county purposes, according to the provisions of the Code and according to the laws of Georgia; third, in establishing, altering and abolishing all roads, bridges and ferries, in conformity to law; fourth, in establishing and changing election precincts and militia districts; fifth, in examining and allowing all claims against the county; sixth, 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 to bring them to a settlement; seventh, 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; eighth, 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. Exclusive jurisdiction of board. County property. County tax. Roads, etc. Election precincts. Claims against county, etc. 87. Sec. V. 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. Regular sessions. 88. Sec. VI. That the Clerk of the Superior Court shall attend the sessions of said board of commissioners; shall keep a minute

Page 234

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, duties of. 89. Sec. VII. 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. 90. Sec. VIII. 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 the said county. Commissioners a body corporate. 91. Sec. IX. That John Jenkins, William A. Graham, D. C. Adams, D. T. Gunn and Cyrus K. Narramire are hereby constituted commissioners, to hold their office until the first Wednesday in January, 1877, when the first election for commissioners shall be held. Commissioners. 92. Sec. X. 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 commissioners. 93. Sec. XI. That each commissioner, before entering upon the discharge of his duties, shall be sworn by each other, and a record thereof entered in the book of minutes, to be kept by them as hereinbefore provided, well and faithfully to perform his duty as such. Oath of office. Sec. XII. Repeals conflicting laws. Approved February 20th, 1873. No. CCXVI.(O. No. 39.) An Act to authorize the Ordinary of Chatham county to have the bridge across skidaway river so widened as to allow free navigation for timber. 94. Section I. Be it enacted by the Senate and House of Representatives of Georgia in General Assembly met , That from and after the passage of this Act the Ordinary of Chatham county be and is hereby authorized to have the arch of the bridge across Skidaway river in Chatham county widened to twenty feet for the free passage of timber rafts. That said change shall be completed within ninety days from the passage of this Act. Bridge over Skidaway, arch to be widened. Sec. II. Repeals conflicting laws. Approved February 15th, 1873.

Page 235

No. CCXVII.(O. No. 190.) An Act for the protection of Deer, Partridges and Wild Turkeys in the counties of Chatham and Bryan, and to make the killing or trapping of the same in said counties a penal offense during certain seasons of the year, and for other purposes. Whereas, A continued wholesale and ill-seasoned destruction of deer, partridges and wild turkeys by shooting, hunting, trapping and other means has threatened to exterminate and utterly destroy the breed and growth of deer, partridges and wild turkeys in the counties of Chatham and Bryan; and, whereas, the breeding season of deer, partridges and wild turkeys is between the months of April and October of each year, during which season the killing or destruction thereof is excessively cruel and not productive of good to the people of said counties or of the State of Georgia, it being conceded by eminent medical experts that the flesh of deer, partridges and wild turkeys, when obtained by trapping or when killed during the breeding season is, for sanitary reasons, improper as an article of food; therefore Preamble. 95. 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 shooting, killing, trapping or destruction of any deer, partridge or wild turkey, from and after the passage of this Act, between the first day of the month of April and the first day of the month of October of any year, shall be held and determined a misdemeanor, and shall be punishable by a fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding six months, at the discretion of the Court. Deer, partridges and wild turkeys, unlawful to kill, when. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CCXVIII.(O. No. 219.) An Act to create and organize Commissioners of Chatham county, who shall be ex officio Judges, to define their jurisdiction and duties, and for other purposes. 96. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That there shall be created and organized in the county of Chatham, State of Georgia, five commissioners of Chatham county, which commissioners shall be styled commissioners of Chatham county and ex officio Judges. Commissioners. 97. Sec. II. That said commissioners and ex officio Judges for the county of Chatham, State of Georgia, shall be appointed and commissioned

Page 236

by the Governor of said State for a period of four yers. That before entering upon the discharge of their duties, said commissioners and ex officio Judges shall each take and subscribe the following oath: I do solemnly swear that I will impartially discharge the duties of commissioner and ex officio Judge for the county of Chatham, which oath shall be taken before the Judge of the Superior Court of said county, or, in his absence, before the Clerk of the Superior Court for said county. The said commissioners shall receive no compensation for their services, but shall be entitled to all exemptions formerly allowed to Justices of the Inferior Court. Ex officio Judges. Term of office. Oath of office. No compensation. Exemptions. 98. Sec. III. That said commissioners and ex officio Judges in and for the county of Chatham shall have the same jurisdiction, to the exclusion of the Ordinary of said county, as is exercised by said Ordinary when sitting for county purposes. That it shall be the duty of the Ordinary of said county to turn over to said commissioners and ex officio Judges all books and papers relating to the jurisdiction and power herein conferred, and the said Ordinary shall have no power or authority to exercise any of the powers or functions herein conferred upon said commissioners and ex officio Judges of said county. Exclusive jurisdiction. Ordinary, duty of, in reference to books, etc. 99. Sec. IV. That it requires three commissioners and ex officio Judges to constitute a quorum, but in no case shall any certificate be issued for the payment of any dues against the county without the consent of three commissioners and ex officio Judges. Quorum. Claims against county. 100. Sec. V. That the said commissioners and ex officio Judges of said county shall have power and authority to exercise exclusive and original jurisdiction over the following subject-matters, to-wit: 1st. In directing and controlling all the property of the county as they may deem expedient, according to law. 2d. In levying a general tax for general purposes and a special tax for particular county purposes, their action being first submitted to and approved by the grand jury for said county. 3d. In examining and auditing the accounts of all officers having the care, management, keeping, collecting or disbursement of money belonging to the county or appropriated for its use and benefit, and in bringing them to a settlement. 4th. In examining, settling and allowing all claims against the county. 5th. In establishing all roads, bridges and ferries in conformity to law. 6th. 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 are not inconsistent therewith. 7th. In regulating peddling and fixing the cost therefor, and in fixing the cost for license for the sale of spirituous liquors, and in fixing the cost for the exhibition of shows in said county. Exclusive jurisdiction. County property. Tax for county purposes. Accounts of officers. Claims against county. Poor. Peddling, liquor licenses, etc. 101. Sec. VI. That after the appointment or election and qualification of said commissioners, they shall elect some proper person as clerk of the board of county commissioners, who shall give the same bond and take the same oath as heretofore prescribed for the Clerk of the Inferior Court, all of which shall be approved by the Judge of the Superior Court of said county and entered upon the minutes thereof. Said clerk of the board of county commissioners shall receive

Page 237

for his services such salary as may be allowed him by said commissioners, but shall not exceed six hundred dollars per annum. Said clerk shall hold his office for the same length of time as the commissioners by whom he is elected. In the event of the death or resignation or refusal to act of said clerk, the said commissioners shall elect another person for the unexpired term of said clerk. That the said commissioners and ex officio Judges shall record all their proceedings while sitting as a Court, and it shall be their duty to keep a book in which to record their minutes and a book for the docketing of all applications granted or refused, and it shall be their duty to keep such other books as were used formerly by the Justices of the Inferior Court of said county which may be necessary for the use of the county. The said commissioners and ex officio Judges shall have a seal, which shall be affixed to their proceedings. Clerk. Compensation of clerk. Record of proceedings to be kept. Seal. 102. Sec. VII. That said commissioners and ex officio Judges shall be in attendance at a suitable place designated by them for the transaction of business connected with the county. They shall, as frequently as the business of the county may require, hold their Courts monthly at the Court-house, but their office may be held at any other place, in consequence of all the public offices being occupied. All expenses for office hire, stationery, books, fuel, etc., shall be paid by the county. Monthly terms. 103. Sec. VIII. That the commissioners and ex officio Judges shall appoint the necessary supervisors of elections and the necessary talesmen or clerks as authorized by law, who shall receive such compensation for their services as the said commissioners and ex officio Judges may allow, who shall take and subscribe each an oath that they will impartially discharge their duties as such. Supervisors of elections. Oath of supervisors. 104. Sec. IX. That whenever a vacancy shall occur by death, resignation or otherwise of any county officer, it shall be and it is made the duty of the commissioners and ex officio Judges to appoint a fit and proper person to fill such vacancy until an election takes place according to law. The person so appointed shall be commissioned by the Governor, and the person so appointed and commissioned shall comply with the requirements of the law before his qualification. Vacancies, how filled. 105. Sec. X. That the Ordinary of Chatham county and the Clerk of the Superior Court of said county each be allowed one hundred and fifty dollars for stationery and fuel, and that no other sum of money be paid out of the county funds to said officers except for record books and the costs in insolvent criminal cases allowed now by law to said officers and the sheriff of said county. Allowance for stationery. 106. Sec. XI. That said commissioners and ex officio Judges are authorized and empowered to employ counsel to represent the interests of the county when the exigency arises, and are authorized to draw upon the county funds for the purpose aforesaid. Counsel, commissioners may employ. 107. Sec. XII. That the applicant to vote at the elections for Senator and Representatives of the State Legislature and county officers shall tender his name on the first Monday in March next and until the first Monday in September next, (eighteen hundred and

Page 238

seventy-three,) and every year thereafter the commissioners and ex officio Judges of said county shall arrange and publish the names in alphabetical order and in one of the gazettes of the city of Savannah at least a month before each election. The person or persons so registered shall give their name, age, occupation and residence. That when said commissioners and ex officio Judges or supervisors of elections shall discover that any person or persons shall fraudulently have registered their name or names, who are non-residents in the county, under age or aliens, said commissioners and ex officio Judges shall be and are hereby authorized to strike from the registry said name or names; but before the registering the names of any person or persons he or they shall produce to said commissioners and ex officio Judges the receipt or receipts for State and county taxes for the year preceeding the election or elections. Registration of voters. 108. Sec. XIII. That it shall be the duty of the commissioners and ex officio Judges to receive and distribute the poor fund, and the tax collector of Chatham county is hereby authorized and required to pay the same to the county treasurer of said county, and the commissioners and ex officio Judges, as soon as the funds are collected for said purpose, shall be paid to them by the treasurer. The names of the beneficiaries shall be inserted on a roll and a receipt taken from them or their agents. The money shall be distributed by said commissioners and ex officio Judges in such manner as may seem most conducive to the necessitics of the poor of said county. Distribution of poor fund. 109. Sec. XIV. That the commissioners and ex officio Judges shall take bonds and securities of the county officers, cause said bonds to be recorded in the office of the Clerk of the Superior Court of Chatham county and transmit the originals to the Executive of the State of Georgia. They shall attest the bonds and affix the seal, after which they shall administer the oath of office to each officer. Bonds of county officers, commissioners to take. 110. Sec. XV. That the power now vested in the Ordinary of Chatham county to establish, alter, change and abolish election precincts for said county is hereby conferred upon the commissioners appointed by this Act. Election precincts, etc. Sec. XVI. Repeals conflicting laws. Approved February 21st, 1873. No. CCXIX.(O. No. 239.) An Act to amend the Road Laws, so far as the working of the roads of Chatham county is concerned. 111. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia , That whenever the public roads in the county of Chatham or any one of said roads shall require repairs that it will be lawful for the jailor of Chatham county to turn over to said commissioners or any three of them all or any number of

Page 239

prisoners who may then be in jail under the sentence of the Superior, City, Mayor or Recorder's Court, which sentence shall have not less than five days and not more than six months to run, said road commissioners giving a receipt for them, and be responsible for the safe keeping of said prisoners until returned to jail. Prisoners in jail for short terms shall work on county roads. 112. Sec. II. That whenever said road commissioners shall make requisition on the jailor for prisoners to work upon the road, the number of prisoners required by them and the number of days work intended to be performed by said prisoners shall be specified in the requisition. Requisition on jailor for prisoners. 113. Sec. III. That it shall be the duty of said jailor to issue for each prisoner to the person in charge of them or to any one whom the road commissioners may appoint for that purpose, as many day's rations as the road commissioners shall designate for each prisoner, said road commissioners giving a receipt for the same; all requisitions for rations, material or implements that may be required for the working of the roads to be signed and approved by at least two district commissioners, and approved by the chairman of the road commissioners. Rations, jailor to supply. 114. Sec. IV. That no salaried offices shall be created by said road commissioners, except so far as may be needed for the guarding and safe keeping of the prisoners while working the public roads under their care. No salaried officers, except as guard. 115. Sec. V. That from and after the passage of this Act, all persons sentenced to jail by the Superior Court of Chatham county, the City Court, Mayor or Recorder's Court of the city of Savannah for a period of over five days shall be liable to work in the manner aforesaid upon the public roads in said county of Chatham. What prisoners liable to work roads. Sec. VI. Repeals conflicting laws. Approved February 22d, 1873. No. CCXX.(O. No. 54.) An Act to amend an Act passed on the 22d day of December , 1857, to incorporate the Skidaway Shell Road Company, and for other purposes therein named, as to the surrender of a part of the franchises of said Skidaway Shell Road Company, granted under said Act of December 22d , 1857. Whereas, the said Skidaway Shell Road Company did, on the 28th day of February, 1869, surrender to the board of commissioners of public roads of Chatham county all their rights and franchises over such portion of the said Skidaway Shell Road as lies between the four and eight mile posts of said road, certain conditions concerning the repair of said four miles having been previously named by the said commissioners, and complied with by the said company;

Page 240

and whereas, the said board of commissioners did, on the 15th day of March, 1869, accept and receive back from the said Skidaway Shell Road Company all of its franchises and rights in and over the said four miles of the said Skidaway Shell Road, and did assume the control of the said portion of the road; and whereas, doubts have been entertained as to the legality of the Act of surrender by said company to said board of commissioners, and of the acceptance of said surrender by said board of commissioners, without the consent of this Legislature. Preamble. 116. Section I. Now, therefore, be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the said Act of surrender by the Skidaway Shell Road Company to the board of commissioners of public roads for Chatham county of all franchises and rights of said company in and over the said four miles of road between the four and eight mile posts, on said Skidaway Road, and the acceptance of said surrender by the said board of commissioners be and the same are hereby ratified, confirmed and declared legal, any law to the contrary notwithstanding. Surrender of franchises, etc., ratified. 117. Sec. II. That the said Skidaway Shell Road Company be and it hereby is discharged from any further cost, obligation or liability for the repairs of said four miles of said road: Provided, however , that the said Skidaway Shell Road Company shall not charge or collect tolls on or from any one passing over said four miles of surrendered road. Shell road company discharged from certain liabilities. 118. Sec. III. That the said original Act of incorporation of the said Skidaway Shell Road Company, assented to on December 22d, 1857, be and the same is hereby amended in conformity with this Act. Charter amended. Sec. IV. Repeals conflicting laws. Approved February 18th, 1873. No. CCXXI.(O. No. 259.) An Act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll and Sumter. 119. 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 aforesaid , That from and after the passage of this Act it shall and may be lawful for the Justices of the Peace and Notaries Public appointed by the Governor of the counties of DeKalb, Henry, Carroll and Sumter, of this State, living in the militia districts in which the county towns are situated, 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. Justices of the Peace and Notaries Public may try misdemeanor.

Page 241

120. Sec. II. That said officers mentioned in the first section of this Act shall hear and determine each case, not civil, that may come before them immediately, unless good cause be shown authorizing a continuance, and in no event shall a continuance be allowed for any time longer than is necessary, with proper diligence, to procure the attendance of the witnesses for and against the prisoner: Provided , that nothing herein contained shall be so construed as to force the prisoner to trial if from providential causes he is unprepared. Cases not civil to be determined, when. 121. Sec. III. That all offenses shall be tried before said Court upon written accusation, founded upon affidavit; said 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. Defendants to be tried on written accusations. 122. Sec. IV. 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 the said Court shall require their bailiffs to summons a jury of eighteen men, and when said jury shall have been summoned and assembled the accused and accuser shall proceed to strike, as provided heretofore in cases of appeal, until the number shall have been reduced to twelve, and when the striking shall have been completed the Court shall order the parties to proceed to trial. Accused may demand trial by jury. 123. Sec. V. That said Court shall receive two dollars for each case tried, which sum shall be paid by the accused when convicted, and it is hereby made the duty of the officer arresting the party and he is hereby required to seize a sufficiency of the property of the accused to pay the cost, and shall, if personal property, 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 or refuses to pay the cost it shall be the duty of the 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, for the space of thirty days, and shall, on the day specified in said advertisement, sell the said property to the highest bidder, and the money arising from the sale of the same shall be applied to the payment of the cost: Provided , that in every case when it shall clearly appear to the Court that the accuser acted maliciously, then and in that event the accuser shall pay the cost. Fees of the Court. Costs, how collected. Accuser to pay cost, when. 124. Sec. VI. That it shall be the privilege of the defendant to sue out a writ of certiorari from the decision of the Court under such rules and regulations as are now prescribed for suing out certioraries in civil cases: Provided , that no writ of certiorari shall be granted unless the accused shall first have filed his affidavit setting forth that he is advised and believes that he has not had a fair trial and that he has been wrongfully and illegally convicted. Defendant may sue out writ of certiorari. 125. Sec. VII. That it shall be the duty of the Court to have indorsed upon the written accusation signed by the accuser the following words: Indictment by the grand jury waived, and said indorsement shall be signed by the accused or by his counsel, and in

Page 242

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, and if probable guilt is made to appear, it shall be the duty of the Court to commit the accused, as heretofore practiced by the Courts in this State. Waiver of indictment by grand jury. 126. Sec. VIII. That whenever any case shall be brought before this Court for the purpose of trial and after evidence has been heard it shall appear to the Court that the accused is guilty of an offense punishable either by death or imprisonment in the penitentiary, it shall be the duty of the Court to bind the party over to the next term of the Superior Court to be held in said counties of DeKalb, Henry, Carroll and Sumter to answer the charge preferred, and on failure of the accused to give the bail required by the Court, he shall be committed to jail. Accused guilty of felony to be bound over. 127. Sec. IX. That either the Justices of the Peace or Notaries 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 decision rendered by the Justices or Notaries alone shall have all the legal effect as if rendered by the joint act of both, and should the Justices and the Notaries fail to agree, it shall be the privilege of the accused to say which one of the officers presiding shall pronounce the decision, and the decision so pronounced shall be and the same is hereby made the decision of the Court. Justices of the Peace and Notaries Public may try cases alone or together. Sec. X. Repeals conflicting laws. Approved February 22d, 1873. No. CCXXII.(O. No. 245.) An Act to create a Board of Commissioners of Roads and Revenue in the countg of Dooly, and to define their powers. 128. Section I. 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, there shall be established in the county of Dooly a board of commissioners of roads and revenue, to consist of three persons, as follows: Oliver P. Swearingen, William B. Cone and James M. Hamilton, whose term of office shall be two years from the passage of this Act. Commissioners of roads and revenue, who are. Term of office. 129. Sec. II. That the successors of the aforesaid commissioners shall be elected every two years by the grand jury of Dooly county, at the term next preceding the expiration of the term of office of the commissioners aforesaid. Successors to be elected, when and how. 130. Sec. III. 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

Page 243

commissioner under this Act, unless he has been a resident citizen in the county for at least one year next preceding his qualification. Vacancies, how filled. Who eligible. 131. Sec. IV. That said board shall have exclusive jurisdiction when sitting for county purposes over the following subject-matters: First, governing and controlling all property of the county as they may deem expedient, according to law; second, in levying a general tax for general and a specific tax for specific county purposes, according to the laws in this State; third, in examining, auditing, settling and allowing all claims against the county; fourth, 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; fifth, in having exclusive control of the county poor farm and the paupers of the county, and in making such rules and regulations for the support of the poor as are authorized by law, or are not inconsistent therewith; sixth, in regulating peddling and fixing cost of license therefor. Exclusive jurisdiction. County property. Tax for county. Claims against county. Accounts of officers. County poor. Peddling. 132. Sec. V. That said commissioners shall hold monthly sessions on the first Tuesday of each month at the Court-house in said county: Provided, nevertheless , that a majority of said board may convene the same in extra sessions whenever in their judgment they may deem it necessary. Monthly sessions. 133. Sec. VI. 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 meetings. Record of proceedings. 134. Sec. VII. That each of said commissioners shall receive three dollars per day for each day they sit for county purposes, to be paid out of the treasury of said county; but the sessions of said board shall not be longer than one day at each session. Compensation. 135. Sec. VIII. That the Clerk of the Superior Court shall be ex officio clerk of said board of commissioners. His duties shall be defined by said board, and he shall receive such compensation as the board of commissioners may deem proper to give him, to be paid out of the county treasury; said compensation, however, not to exceed fifty dollars per annum. Clerk, duties and pay of. 136. Sec. IX. That each commissioner, before entering upon the discharge of his duties, shall be sworn by each other, and a 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. X. Repeals conflicting laws. Approved February 22d, 1873.

Page 244

No. CCXXIII.(O. No. 233.) An Act to amend 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 th , 1871, and to make the provisions of this Act and the Act to which it is amendatory applicable to the county of Dougherty, approved August 20 th , 1872, so far as the same relates to Dougherty county. 137. Section I. Be it enacted by the General Assembly of the State of Georgia , That 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 11th, 1871, and to make the provisions of this Act and the Act to which it is amendatory applicable to the county of Dougherty, approved August 20th, 1872, be and the same is hereby amended so that the appointment and confirmation shall be on the first week of the Spring term, instead of the December term of said Court. Appointment, etc., shall be, when. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CCXXIV.(O. No. 14.) An Act to alter and amend an Act entitled An Act to establish a County Court for the counties of Dougherty and Lee, approved 24 th August , 1872, so far as the same relates to the county of Dougherty. 138. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, it shall be the duty of the grand jury of the county of Dougherty to investigate and prosecute all cases below felony as heretofore, when no prosecutor appears in the County Court; and it shall be the duty of the County Court Solicitor to make out for said grand jury all bills, presentments or other papers necessary in such cases; and the same shall be made returnable to the County Court, and delivered to the Clerk of said Court, and the proceedings thereafter shall be the same as on accusations in said Court. Grand jury must prosecute cases below felony, when. Solicitor, duty of. 139. Sec. II. That the Clerk of the Superior Court of Dougherty County shall at once transfer all criminal cases below felony, now pending in the Superior Court of said county, in which the Judge of said County Court is not employed as counsel, to the County Court for trial; and those in which said Judge is employed

Page 245

shall be tried in the Superior Court; and all other proceedings on trial shall be the same as on accusation, but the County Solicitor shall, when said cases are tried and the costs paid, pay over to the Solicitor General drawing such bills or presentments his legal fees due thereon; and the County Solicitor shall be allowed the same fees on the trial of said cases so transferred as now allowed on accusations. Cases below felony, transfer of, to County Court. Solicitor General, fees of. 140. Sec. III. That when a jury is demanded on the trial of any case, either civil or criminal, pending in said Court, the Judge of said Court shall have the same summoned instanter by the sheriff, which shall consist of twelve men who are subject to jury duty in the Superior Court, and the striking of said jury shall remain the same as now provided by law in said Court in criminal cases, and in civil cases the plaintiff and defendant shall be allowed to strike three each from said jury; and jurors shall be furnished in no other way than as herein provided. Jury trials. 141. Sec. IV. That all alleged errors in criminal cases in said Court shall be revised and corrected by the Judge of the Superior Court on certiorari , the general law of the State on certiorari to apply to such proceedings, except that the party applying for such writ shall present the same to said Judge of the Superior Court, so he can, and whose duty it shall be to sanction or refuse to sanction the same as the facts may warrant, within ten days from the trial in the County Court complained of; and if said Judge shall grant such writ, he shall, in the order granting it, appoint a time, which shall be within the next ten days thereafter, when he will hear and determine the same in chambers, and upon ten days' notice from the County Solicitor to the opposite party or his attorney in any certiorari now granted, the Judge of the Superior Court shall hear and determine the same in chambers, but said notice shall state the time and place of hearing. Errors in criminal cases, how corrected. Certiorari, when and how tried. May be determined at chambers. 142. Sec. V. That the Judge of said County Court of Dougherty county shall have power and authority to appoint a Clerk of said Court, whose duties and liabilities shall be the same as now required of the Clerk of the Superior Court by the Act of which this is amendatory, and who shall, before entering upon the duties of this office, take and subscribe the oath of the Clerk of the Superior Court, so altered as to suit the County Court, and give bond and security in the sum of two thousand dollars, and that the said Judge shall also appoint a special bailiff, who shall be required to perform all the duties now performed in said Court by the sheriff and his deputy, and be subject to the same liabilities, and who shall in like manner take the oath of office of sheriffs of this State, and give bond and security in the sum of five thousand dollars, which bond shall be approved by the Judge of said Court, and made payable to the Ordinary of said county, to be sued for the use of any one aggrieved. The clerk and special bailiff thus appointed shall receive the same fees as are allowed in the Superior Court of said county. Clerk of County Court, how appointed. Duties of. Oath of. Bond of. Special bailiff. Duties and liabilities of. Fees of clerk and bailiff. Sec. VI. Repeals conflicting laws. Approved February 5th, 1873.

Page 246

No. CCXXV.(O. No. 10.) An Act to repeal an Act to authorize the Ordinary of Dougherty county to lery an extraordinary tax for county purposes, etc., approved August 26 th , 1872. 143. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Act entitled an Act to authorize the Ordinary of Dougherty county to levy an extraordinary tax for county purposes, etc., approved August 26th, 1872, be and the same is hereby repealed. Extra tax, Act authorizing, repealed. Sec. II. Repeals conflicting laws. Approved February 5th, 1873. No. CCXXVI.(O. No. 256.) An Act to amend an Act entitled an Act to amend 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 th , 1871, and to make the provisions of this Act, and the Act to which it is amendatory, applicable to the county of Dougherty, approved August 20 th , 1872, so far as the same relates to Dougherty county. 144. Section I. Be it enacted by the General Assembly of the State of Georgia , That 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 11th, 1871, and to make the provisions of this Act, and the Act to which it is amendatory, applicable to the county of Dougherty, approved August 20th, 1872, be and the same is hereby amended, so that the appointment and combination shall be on the first week of the Spring term, instead of the December term of said Court. Appointments, when to be made. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CCXXVII.(O. No. 145.) An Act to amend an Act establishing County Courts in the counties of Dougherty, Early and Lee, Approved August 24 th , 1872. 145. Section I. Be it enacted by the General Assembly of the State of Georgia , That the provisions of the aforesaid Act shall apply to

Page 247

the county of Mitchell, except that the salary of the Judge of said county shall be seven hundred and fifty dollars. Mitchell County Court, etc. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCXXVIII.(O. No. 286.) An Act to authorize the grand jury of the county of Douglass to allow the Ordinary, Clerk of the Superior Court and Sheriff of said county such compensation for extra services for the year 1872 as may be reasonable and just. Whereas, by an Act of the General Assembly, approved December 13th, 1871, entitled an Act to compensate Ordinaries, Sheriffs and Clerks of the Superior Courts, the grand jury of the county of Douglass at the Spring term was authorized to allow such sum to the Ordinary, Clerk of the Superior Court and sheriffs of said county as was reasonable and just; and whereas, the said grand jury failed to do so, and whereas, the grand jury at the Fall term of said Court had no such authority; Preamble. 146. Section I. Therefore, be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same , That the grand jury of said Superior Court, held in and for said county, at the Spring term of 1873, or of any subsequent term or said Court, be authorized to allow such compensation as may be just to the Ordinary, Clerk of the Superior Court and sheriffs of said county, for such extra services as may have been performed by said officers for and during the year 1872, and such other time for which they have not had compensation as prescribed by law. Ordinary, sheriff and clerk, grand jury may allow extra compensation to. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CCXXIX.(O. No. 262.) An Act to repeal an Act to provide for the organizing a Public School System for certain counties therein named, approved August 24 th , 1872, so far as said Act is applicable to the counties of Emanuel, Dooly and Gilmer. 147. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, an Act entitled an Act to organize a public school system for certain counties therein named, approved, August 24th, 1872, be and the same is hereby repealed, so far as said Act is applicable and of force in the counties of Emanuel, Dooly and Gilmer. Recited Act repealed as to Emanuel, Dooly and Gilmer. Sec. II. Repeals conflicting laws. Approved February 22d, 1873.

Page 248

No. CCXXX.(O. No. 91.) An Act to provide for the payment of Insolvent Costs due the Clerk of the Superior Court and Sheriff of the county of Fayette. 148. 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, it shall and may be lawful for the Clerk of the Superior Court and the sheriff of the county of Fayette 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 casss claimed and due them, and if the grand jury is satisfied that the services for which the cost is claimed has been rendered, and that the claim is insolvent, and that it should be paid out of the county funds, 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. Clerk and sheriff, payment of insolvent costs to Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCXXXI.(O. No. 149.) An Act to amend an Act to create a Board of Commissioners of Roads and Revenue in the counties of Floyd, Berrin, Effingham, Schley, Sumter and Greene, approved December 13 th , 1871. 149. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same , That the first section of the aforesaid act be so amended as to include the county of Jefferson, and that the board of commissioners for said county of Jefferson shall be elected on the first Monday in April next. Said commissioners to hold their office until the regular election for Ordinary in said county on the first Wednesday in January, eighteen hundred and seventy-seven, and then regularly every fourth year thereafter. Jefferson county, commissioners for. Election for. Sec. II. Repeals conflicting laws. Approved February 20th, 1873.

Page 249

No. CCXXXII.(O. No. 155.) An Act to amend an Act to create a Board of Commissioners of Roads and Revenue in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, approved on the 13 th of December , 1871, so far as relates to the county of Floyd . 150. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the board of commissioners for said county of Floyd shall hold monthly sessions, beginning on the first Monday in every month, and such other sessions as shall from time be deemed necessary. Monthly sessions. 151. Sec. II. That each member of said board shall be entitled to three dollars per day while in actual attendance upon the sessions; and the clerk of said board shall be entitled to such compensation as may seem reasonable and just, not exceeding thirty dollars per month, to be paid out of the county treasury. Per diem of members of board. 152. Sec. III. That in addition to the penalty prescribed in section 701 of Irwin's Revised Code, said board shall, after full investigation, have power to punish any road commissioner who may neglect or refuse to discharge his duties as such, by fine asfor a contempt, in a sum not exceeding one hundred dollars, which may be collected by levy and sale under execution, issued by the clerk, bearing test in the name of one of the board, and directed to the sheriff of said county or his deputy. Board may punish road com-commissioners. 153. Sec. IV. That said board shall have exclusive authority to assess all taxes necessary for the general and special purposes enumerated in section 548 of Irwin's Revised Code, upon the recommendation of the grand jury, as is now provided by law. Exclusive authority. 154. Sec. V. That said board may issue bonds of said county, bearing the legal rate of interest, payable semi-annually, and dispose of the same by sale or otherwise for the purpose of paying any present existing indebtedness of the county: Provided, however , that not more than fifty thousand dollars of bonds shall be issued, and their issue shall be so regulated that not more than ten per cent. of them shall mature in one year. Bonds, board may issue. Purpose of issuing. 155. Sec. VI. That said board shall have authority to assess and collect an extra tax whenever it shall be necessary, for the purpose of paying the principal and interest of said bonds, as the same shall become due. Extra tax. Sec. VII. Repeals conflicting laws. Approved February 20th, 1873.

Page 250

No. CCXXXIII.(O. No. 299.) An Act to establish a County Court for Floyd county. 156. 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 there is hereby established in the county of Floyd a Court to be known as Floyd County Court, and the same shall be a Court of Record. Said Court shall have criminal jurisdiction concurrent with the Superior Court of all minor offenses committed within said county of Floyd, which do not subject the offender to confinement in the penitentiary or to death. And the said Court and the Judge thereof shall have all the powers, jurisdiction and authority as is now by law conferred upon the Superior Courts and the Judges thereof, over all matters not herein excepted, to be exercised in the same manner as such powers, jurisdiction and authority are now exercised by or as may be hereafter conferred upon the Superior Courts or the Judges thereof. Floyd County Court. Criminal jurisdiction. 157. Sec. II. That the Mayor and Council of the city of Rome, the Ordinary, the Clerk of the Superior Court, the sheriff, and the board of commissioners of roads and revenue of said county shall convene at the Court-house in said county within thirty days after the passage of this Act and elect by ballot a Judge and solicitor of said Court, who shall hold their offices until the first Monday in February, 1877, or until their successors are elected and qualified, unless sooner removed by the Governor, upon the address of two-thirds of both branches of the General Assembly for that purpose. Said Judge and solicitor shall be commissioned by the Governor, on proof of their election, under the official signatures of the clerks of said City Council and said Superior Court, with the seals of said city and said Court attached. And elections for Judge and solicitor of said Court shall be had on the first Monday in February every fourth year thereafter. And the said electors shall have power at any time by election, and the Governor to commission as hereinbefore set forth, to fill all vacancies in said offices occurring from any cause whatever. Should said electors fail to elect a Judge or solicitor at the time appointed for a regular election, it shall be lawful for them to elect said officers at such other time as a majority of them designate; and in all elections a majority of the electors shall be necessary to a choice. Judge and solicitor, when and by whom elected. Term of office. To be commissioned by the Governor. Vacancies. 158. Sec. III. That the Judge of said Court shall be an attorney at law, not under twenty-five years of age, and shall have a salary of five hundred dollars per annum, payable quarterly out of the county treasury. And the commissioners of roads and revenue of said county, when they levy the taxes for county purposes, shall at the same time levy and collect an amount of money sufficient for this purpose. The solicitor of said Court shall have the same fees that

Page 251

the Solicitor General of the Superior Court is now entitled to in similar cases, but he shall have no salary. Judge, who eligible to office of. Solicitor, fees of. 159. Sec. IV. That the Clerk of the Superior Court and the sheriff and his deputies of said county shall be the officers of said Court, and they shall be entitled to the same fees they are now entitled to for similar service in the Superior Court. Clerk and sheriff. Fees. 160. Sec. V. That the Judge and solicitor of said Court shall be required to take the same oath now required to be taken by the Judges of the Superior Court and Solicitor General. Oath of office. 161. Sec. VI. That the meeting and adjournment of said Court shall be regulated in the same manner as they are now regulated in the Superior Courts of this State. Meetings and adjournments. 162. Sec. VII. That said Court shall hold six regular sessions each year, at intervals of two months between the commencement of each term. Regular sessions. 163. Sec. VIII. That immediately after the passage of this Act, the Clerk of the Superior Court and the sheriff of said county shall prepare a jury-box and put therein the names of those who have been selected to serve as jurors for the Superior Court of said county, and draw therefrom the names of twelve persons to serve as jurors at the first term of said Court, and afterwards it shall be the duty of the Judge to draw the names of twelve persons to serve as jurors at the succeeding terms of said Court. Said jury-box shall be revised annually thereafter, as the Judge of said Court and the clerk and sheriff thereof may deem proper; and five days' notice to such jurors shall be sufficient to require their attendance. Jury box. Jurors. Revision of jury box. 164. Sec. IX. That in the trial of cases, the State and the defendant shall strike alternately from the twelve jurors until the number be reduced to seven, the defendant having the right to the first strike. The panel may be filled at any time by talismen, and in the event one jury is out on a case, a sufficient number of talismen may be summoned to form any other jury, so that the business of said Court may not be delayed. Jury to consist of seven persons. 165. Sec. X. That the solicitor of said Court shall give a bond in the sum of five hundred dollars, upon the same conditions now required of Solicitors General. The clerk and sheriff of said Court shall be liable upon their bonds, as officers of the Superior Court, for the faithful discharge of their duties as officers of the County Court. Solicitor to give bond. Clerk and sheriff. liabilities of. 166. Sec. XI. That whenever any person may desire to prosecute a party for an offense of which said Court has jurisdiction, he shall appear before the solicitor of said Court and prefer a written charge or accusation against such defendant, which shall be drawn by said solicitor and signed by him with such allegations, forms and particularities as are required in bills of indictment, and which shall be sworn to by the prosecutor, and thereupon the Judge of said Court shall issue a bench warrant for the arrest and trial of such defendant; and if such charge is made in vacation, the warrant issued and defendant arrested, said defendant, if he desires it,

Page 252

may be taken by the arresting officer before said Judge or any magistrate of said county for committing trial, when said defendant may be bound over to the next term of said County Court, or discharged, as the facts may justify under the law now regulating Courts of inquiry, and said defendant shall stand for trial at the first term of said Court thereafter, on the charge as made by the county solicitor without formal indictment or presentment by a grand jury, provided the same is waived by the defendant. Prosecutions, how conducted. Bench warrant. 167. Sec. XII. That cases may be carried from said County Court to the Superior Court upon writs of certiorari for the correction of errors in said County Court, and the grant of the writ of certiorari by the Judge of the Superior Court shall act as a stay of sentence in the County Court until final adjudication of said case in the Courts above; and upon notice of the defendant or of his attorney to the State's counsel that the writs of certiorari will be applied for, such notice shall operate as stay of sentence of said County Court for six days. Writs of certiorari to Superior Court. Supersedeas. 168. Sec. XIII. That all fines, forfeitures and costs when collected shall be paid into the county treasury, subject to be drawn out by the several officers of said Court entitled to such costs under the same rules and regulations as now prescribed for drawing insolvent costs: Provided , that the costs of the Solicitor General, sheriff and Clerk of said Court, and the expenses of the term shall be first paid out of the fines and forfeitures imposed by said Court; and upon failure of any party liable for such fines, forfeitures or costs to pay the same within six days, it shall be the duty of the clerk to issue execution for the same, and on failure of the sheriff to collect the same, or show cause why he has not, it shall be the duty of the Solicitor General to rule him as in civil cases. Fines, costs, etc., disposition of. 169. Sec. XIV. That the commissioners of roads and revenue shall furnish the officers of said Court with all proper books, jury box and stationery necessary to carry on said Court. Books, jury boxes, etc. 170. Sec. XV. That all cases of misdemeanor, under felony, now pending in the Superior Court of said county, and all indictments hereafter formed by the grand juries of said Superior Court, shall be removed to and tried by said County Court. Superior Court, certain case from, to be transferred to this Court. Sec. XVI. Repeals conflicting laws. Approved February 24th, 1873. No. CCXXXIV.(O. No. 117.) An Act to authorize and direct W. D. Bentley, Ordinary of Forsyth county, to pay over to the Educational Fund of said county certain funds now in his hands. Whereas, W. D. Bentley, Ordinary of the County of Forsyth, has in his possession certain moneys raised under the former system of common school education in this State. Preamble.

Page 253

171. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, W. D. Bentley, Ordinary of the county of Forsyth, be authorized and directed to pay over to the school commissioner of said county of Forsyth, all moneys now in his hands raised under the common school laws of force in this State, prior to the adoption of the present Constitution of the State, to be used by the school commissioners of said county for the support of the common schools therein. School fund, Ordinary to pay over to school commissioners. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCXXXV.(O. No. 174.) An Act to authorize the Tax Collector of Franklin county to receive Jury Scrip in payment of Taxes due said county. 172. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act, it shall be lawful for the tax collector of Franklin county to receive jury scrip of said county in payment of all taxes due said county. Jury scrip, receivable for taxes. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CCXXXVI.(O. No. 170.) An Act to create a Board of Commissioners of Roads and Revenue in the County of Franklin in this State, and for other purposes. 173. Section I. 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 Franklin in this State, a board of commissioners of roads and revenue to consist of three persons, to be appointed by the Ordinary of said county, which appointments shall be subject to the ratification of the grand jury of said county at its first session thereafter. And the term of office of commissioners shall be the same as that of the Ordinary. That all subsequent boards of commissioners shall be elected by the people and commissioned by the Governor, the election to be held at the same time that the regular election for Ordinary takes place, and shall be governed by the same laws that now apply to elections by the people; and in case of a vacancy from any cause, the Ordinary shall order an election to fill the vacancy thus occasioned. Commissioners, by whom appointed. Term of office. Subsequent boards, people to elect. 174. Sec. II. That the commissioners so appointed shall be the legal advisers of the Ordinary in all matters relating to levying of taxes for county purposes, public buildings, public roads and bridges,

Page 254

and in making all such rules and regulations for the support of the poor of said county as are authorized by law or not inconsistent therewith, and all county matters generally, and a majority shall determine all cases. Legal advisors of the Ordinary. Public buildings and coutny poor. 175. Sec. III. That it shall be the duty of said board of commissioners to audit and allow all claims against the county for extra service rendered by any county officer. Claims against county. 176. Sec. IV. That said board of commissioners shall be entitled to two dollars for each day in session, and shall be exempt from jury, road and militia duty during the term they serve, and said commissioners shall not be eligible to any county office. Compensation. 177. Sec. V. That said board of commissioners shall hold four regular sessions, annually: Provided , the Ordinary of said county shall convene said board in extrarordinary session whenever in his judgment it may be necessary, and the first regular session of said board shall be on the first Tuesday in March, 1873. Regular terms. 178. Sec. VI. That the Ordinary of said county shall attend the meetings 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 be allowed the same compensation formerly allowed the Clerk of the Inferior Court for like services. Ordinary to attend meetings. 179. Sec. VII. That said commissioners, before entering upon the duties of said office, shall take an oath before the Ordinary, well and faithfully to discharge the duties of said office. Oath of office. Sec. VIII. Repeals conflicting laws. Approved February 21st, 1873. No. CCXXXVII.(O. No. 34.) An Act to reduce the Sheriffs' bonds for the counties of Gilmer, Fannin, Pickens, Murray and Robun. 180. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the sheriffs of the counties of Gilmer, Fannin, Pickens, Murray and Rabun shall be required only to give bond in the sum of five thousand dollars, instead of ten thousand dollars, as now required by law. Sheriff's bonds reduced in certain counties. Sec. II. Repeals conflicting laws. Approved February 14th, 1873.

Page 255

No. CCXXXVIII.(O. No. 36.) An Act to create a Board of Commissioners of Roads and Revenue for the County of Gilmer and a Board of Commissioners of Roads for the County of Terrell. 181. Section I. The Senate and House of Representatives of the State of Georgia 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, for the county of Gilmer; and a board of commissioners of roads, to consist of five persons, for the county of Terrell; the said boards to be appointed by the grand juries of said counties at the Spring term of the Superior Court, and who shall hold the office for the term of two years. Commissioners of roads and revenue for Gilmer and Terrell counties. How appointed. Term of office. 182. Sec. II. That the commissioners so appointed shall have jurisdiction with the Ordinary over all matters relating to the levying of taxes for county purposes, public bridges, public roads, and all county matters generally; and a majority of the board, including the Ordinary, shall determine all questions within their jurisdiction. Jurisdiction of. 183. Sec. II. That the said commissioners so appointed shall be exempted from jury, road and militia duty for the time they serve, and shall not be entitled to any other compensation, unless so authorized by the grand juries of said counties. Exempt from road and militia duty. 184. Sec. III. That when any vacancy may occur in this board established by this Act, a majority of the members of said board shall appoint to fill such vacancy until the meeting of the next session of the Spring term of the grand juries of said counties thereafter. Vacancies, how filled. 184. Sec. IV. That they shall hold a session on the first Tuesday in each month, and may convene an extraordinary session whenever it may in their judgment be necessary. Shall hold monthly sessions. 186. Sec. V. That each commissioner before entering upon the discharge of his duties shall be sworn by the Clerks of the Superior Courts of said counties well and faithfully to discharge his duties as such commissioner. Oath of office. Sec. VII. Repeals conflicting laws. Approved February 15th, 1873. No. CCXXXIX.(O. No. 26.) An Act to authorize the Ordinary of Glascock county to assess and have levied a tax sufficient for building a Jail for said county. 187. 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 Ordinary of Glascock county be and is hereby authorized

Page 256

to assess such tax as may be necessary and as he may see fit, and have the same immediately levied upon the taxable property of said county, for the immediate erection of a strong and secure wooden jail in the town of Gibson, in said county. Jail for Glascock county, levy of tax to build, authorized. 188. Sec. II. That immediately after the passage of this Act, said Ordinary shall publish notice for thirty days, and at the end of that time let out the contract to that contractor or contractors who will build said jail at the smallest possible cost, and in the shortest time. Contract for building. Sec. III. Repeals conflicting laws. Approved February 14th, 1873. No. CCXL.(O. No. 194.) An Act providing for payment of insolvent criminal costs to the Clerk of the Superior Court, Sheriff and Solicitor General for Glynn county, Georgia. 189. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Solicitor General, Sheriff and Clerk of the Superior Court for the county of Glynn, State of Georgia, shall state their claims for insolvent criminal costs due them, to date in writing and submit the same with proof thereof to the grand jury of the Superior Court of the county of Glynn and State of Georgia, at the Spring term of said Court for each year, and said grand jury may, after hearing the application and proof, if satisfied of the justice of the same, and if no fund arising from fines and forfeitures is in the county treasury, recommend the levy and collection of a special tax for payment of said costs in their general presentments, and indorse said recommendation on said application, upon which recommendation the Ordinary or other authority of said county levying county taxes shall assess so much with other county taxes as will pay the same, which when collected and paid over to the treasurer of said county of Glynn, shall be paid to said Solicitor General, sheriff and Clerk, upon presentation of said application with indorsement by grand jury thereon. Solicitor general, clerk and sheriff insolvent costs to be paid to. Grand jury to control applications for cost, etc. Approved February 21st, 1873. No. CCXLI.(O. No. 227.) An Act to regulate Public Instruction in the County of Glynn. 190. Section I. Be it enacted by the General Assembly of the State of Georgia , That immediately after the passage of this Act, the [Illegible Text] and Council of the city of Brunswick, at a regular meeting, shall be

Page 257

authorized to elect for the terms hereinafter provided, three fit and competent persons free-holders and citizens of Brunswick, who with Horace B. Gould, of the twenty-fifth militia district; William M. Gynilliatt, of the twenty-sixth militia district, outside the corporate limits of the city of Brunswick; and Francis D. Scarlett, of the twenty-seventh militia district, shall constitute a board of education for the county of Glynn. Horace B. Gould and one member elected by the Mayor and Council of Brunswick, shall serve until the first Saturday in December, 1873, or until their successors are elected and qualified; William M. Gynilliatt and one member elected by the Mayor and Council of Brunswick, shall serve until the first Saturday in December, 1874, or until their successors are elected and qualified; and Francis D. Scarlett and one member elected by the Mayor and Council of Brunswick, shall serve until the first Saturday in December, 1875, or until their successors are elected and qualified; and annually thereafter, the grand jury of Glynn county at its Fall term shall elect a member of the board of education to fill the vacancies so occuring in the militia districts outside the city of Brunswick; and at a regular meeting of the Mayor and Council in the month of November annually, they shall elect one member of the board of education to fill the vacancies so occurring in the city of Brunswick, the members so elected to hold their offices for a term of three years from the first Saturday in December following their election or until their successors are qualified. The Mayor of the city of Brunswick shall be ex officio a member of the board of education. The board shall elect from their own body a president at their first meeting, and in the event of his removal, resignation or death, shall have power to elect his successor. Board of education, who shall constitute. Term of office. Vacancies how filled. Mayor of Brunswick ex officio member of board. 191. Sec. II. 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 this 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 their corporate capacity with the title, care and custody of all school houses, 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 interests of education; also with the title, care and custody of all property, funds, securities, books and papers belonging to the Glynn County Academy, to hold, invest and dispose of the proceeds from same as provided by law; and the existing board of trustees of Glynn County Academy are hereby authorized and instructed to turn over to the county board of education, as soon as it shall have been organized under the provisons of this Act, all titles to property, funds, securities, books and papers as aforesaid. Board a body corporate. General powers. 192. Sec. III. That the members of the county board shall meet as soon as practicable after the election of the Brunswick members by

Page 258

the Mayor and Council, at the council chamber in the city of Brunswick, notice of the time having been previously given by the Mayor of the city, and having administered to each other an oath or affirmation faithfully and impartially to discharge the duties of their office, they shall complete their organization, 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, and shall hold his office for the term of three years from and after the day of his installation. Four 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 Brunswick: and provided further , that no special meeting shall be legal unless after due publication in the city paper, or after special notice from the secretary to each and every member. In the absence of the secretary from 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 business by electing a president pro tem. By a two-thirds vote the county board shall have authority to remove the county commissioners before the expiration of his term of office, and to elect a new commissioner in his stead. In case any vacancy occurs in the board, if within the limits of the city of Brunswick, the Mayor and council at a regular meeting shall elect a person to fill such vacancy; and if outside the limits of the city, the commissioners of roads and revenue for the county, if the grand jury is not in session, shall, at a regular meeting, elect a person to fill such vacancy until the following meeting of the grand jury, when it shall elect to fill the vacancy, and the person so chosen by the Mayor and Council or grand jury, 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. Board to meet, when and where. Oath of office. Secretary. Quorum. Regular meetings. County commissioners may be removed, how. Vacancies, how filled. 193. Sec. IV. That at each regular meeting of the county board of education, or in case 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 Glynn: Provided , that at least two members of the board are present at every examination; any member of the board shall have authority to invite three suitable persons to assist in such examination of teachers. If from the ratio of correct answers or other evidence 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

Page 259

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 evidence 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. Examination of teachers. 194 Sec. V. That the county board of education shall control the financial department of the public school system. On or before the 15th day of December in each year, the State School Commissioner shall remit, at his discretion, such quota of the public school funds as may be apportioned to Glynn county to the treasurer of the county of Glynn, and deposit the same to the credit of the county board of education. The county tax collector shall deposit likewise with the county treasurer to credit of the county board all the amounts he may collect under any school tax levied as hereinafter provided. Certificates of deposit from such treasurer 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 the State. No portion of the school funds shall be drawn from the treasury, except upon checks, supported by sufficient vouchers, authorized by the county board of education, and signed by the president and secretary: Provided , 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 funds; and provided further , that in the expenditures by the board of the county school fund, such fund shall, 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 such school district shall be used for such persons as may be prescribed by the local members for such school districts, to be expended as in their judgment will best subserve the interests of education in these districts. The county school board shall fix the salaries and superintend the payment of the teachers. The account of every teacher must be indorsed by the member 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 Glynn county, in any district where public schools are not in operation for the classes taught in the private schools: 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 [Illegible Text] of competency from the county boards. Financial debt of public school system, board to control. Quota of public school fund for Glynn county. School fund, how to be drawn from treasury. School fund apportionment of.

Page 260

195. Sec. VI. That the members of the county board shall act as trustees for their respective school districts. As trustees in such districts they shall have authority to employ and dismiss teachers, subject to the approval of the county board; 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. It shall be the duty of the trustees to record their proceedings in a book provided for that purpose, together with the minutes of all school meetings held within their respective school districts, which minutes shall be signed by such trustees. The trustees in each school district shall have authority to establish such schools within their jurisdiction as in their judgment may be expedient. Board to act as trustee for school districts. Teacher's accounts, board to examine. 196. Sec. VII. That it shall be the duty of the said trustees to manage and control the local interests of their respective school districts, subject to the rules and regulations prescribed by the county board at large. The 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 commissioners 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. Trustees to control local interests of districts. Claims, etc., board to pass upon. 197. Sec. VIII. That it shall be the duty of the trustees in each school district to take or cause to be taken immediately after their first organization, an enumeration of all unmarried white and colored youths, noting them separately, between the ages of six and eighteen years, residents within such school districts and not temporarily there, designating between male and female, and return a certificate thereof to the county commissioner; and annually thereafter, between the first and fifteenth day of October, to make the enumeration and return a certificate of same as aforesaid. Enumeration of children between six and eighteen years. 198. Sec. IX. That the county board of education, under the advice and assistance of the trustees in each school district, shall make all necessary arrangements for the instruction of the white and colored youths 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 pertaining to education; but in no case shall white and colored children be taught together in the same school. The county board of education shall determine what books shall be used in all the schools. White and colored children to be separately taught. 199. Sec. X. That each member of the county board of education, outside the limits of the city of Brunswick, shall receive the sum of three dollars for his services at each meeting of said board upon which he shall be in actual attendance, which amount shall be

Page 261

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 six 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. Compensation for members of board. Proviso. 200. Sec. XI. 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 schools 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 fund for such purpose shall be deducted ratably from the quota apportioned to the respective school districts. Schools of higher grade, may be established. 201. Sec. XII. That it shall be the duty of the county commissioner to be present at the meetings 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 license, giving the number of males and females, the number, but not the names, of all whose applications for license have been rejected, and also the names of those whose licenses have been revoked. Official proceedings of commissions to be kept. 202. Sec. XIII. 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 he 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

Page 262

duties, furnishing them with regular forms, blanks, instructions, regulations and reports, issued from the department of education. Medium of communication between State school commissioner and subordinate officers. State school commissioner, duties of. 203. Sec. XIV. 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. County commissioner compensation for. 204. Sec. XV. That the county commissioner shall have power and it shall be his duty to revoke any teacher's license granted by him or his predecessor, 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 to teach; but the teachers so dismissed shall have the right to appeal to the county board of education, whose decision shall be final. Pending such appeal, the person so dismissed shall not be allowed to discharge the duties of a teacher in any public school in the county of Glynn. Teacher's license may be revoked. 205. Sec. XVI. That it shall be the duty of the board of education to make annually to the grand jury of Glynn county, at the Fall term of the Superior Court, a report of its financial transactions, touching all schools established or aided within the county outside the limits of the city of Brunswick, and make an exhibit, if required, of all their records, books and papers; and the board of education shall make a like exhibit and report to the Mayor and Council of the city of Brunswick, concerning all schools established or aided within the limits of the city, whenever said Mayor and Council shall so require. Annual report to be made to grand jury. 206. Sec. XVII. That it shall be the duty of the teachers to make and file with the county commissioner, 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 or the State School Commissioner; it shall not be lawful for said trustees to audit the accounts of any teacher who has not rendered all reports required by law. Number of scholars taught, teachers to report. 207. Sec. XVIII. 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 by so construed as to interfere with, diminish or supersede the rights, powers and privileges conferred upon the board of education of Glynn county by this Act, unless it shall be so expressly provided by designating the said county and board under their respective names. General school law not to affect this, unless. Sec. XIX. Repeals conflicting laws. Approved February 21st, 1873.

Page 263

No. CCXLII.(O. No. 228.) An Act to create a County Court for the County of Habersham, to define its jurisdiction, and for other purposes. 208. Section I. The General Assembly of the State of Georgia do enact , That the existing board of commissioners of roads and revenue for the county of Habersham, and their successors in office, are hereby created a County Court, whose jurisdiction shall be commensurate with the territorial limits of said county. Before entering upon their duties, besides the oath prescribed by section 129 of the Code, they shall take an oath before the Ordinary (unless some other officer be named in the dedimus protestatem ) faithfully to discharge their duties as members of said County Court. County Court, jurisdiction of. Oath of office. 209. Sec. II. That the sections from two to eight, both inclusive; sections twelve, fourteen, fifteen, seventeen, eighteen and twenty-two; the lines from thirty-two to fifty, and from fifty-three to seventy-seven, both inclusive, of section eleventh of an Act as published by authority, entitled an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19th, 1872, are hereby adopted as a part of this Act, with the following modifications: The words County Court are substituted for County Judge in said several sections, and in whatsoever sections or parts of sections of said Act as here adopted they may occur. Two of the commissioners shall constitute a quorum for business; when two only act and disagree, a mistrial shall be declared, and the cause stand continued until a full Court can be had. The sittings shall be on the first Monday in every month at the Court-house; they may continue from day to day, and adjourned terms may be held when the business requires it. Suits shall be brought by petition, as in the Superior Court, to be filed fifteen days and copy and process served ten days before the term to which the writ is returnable. The law as to defenses, continuances, and amendments of force in the Superior Court shall obtain in the County Court. The Court also shall have authority and jurisdiction to issue and try writs of habeas corpus ; to hear and determine suits for the recovery of personal property not claimed by plaintiff to be above the value of one hundred dollars; to establish Court papers; issue alias fi. fas. ; to hear and determine, as herein provided, all criminal cases below the grade of felony, and each commissioner may exercise the power to issue criminal warrants and sit as a Court of Inquiry, as a Justice of the Peace may do. The Court may issue bench warrants, as a Judge of the Superior Court may do, for the arrest of any person indicted or presented in the Superior Court after the case has been turned over to the County Court. The Clerk of the Superior Court is hereby made the Clerk of the County Court; he shall have a seal of office, file all writs, issue copies and processes, and all precepts and summons

Page 264

required of him by the Court; carefully preserve the legal papers connected with all proceedings, so that the same may be used in other Courts; and in all causes at the quarter sessions hereinafter provided for, involving more than one hundred dollars, shall make full record of the proceedings as is required of the Clerk of the Superior Court; and shall do such other clerical acts, like to the acts of the Clerk of the Superior Court, as may be necessary to make the proceedings of the County Court complete and effectual. The bailiff provided by section ten of the above recited act shall be called the special bailiff of the County Court; he shall wait upon the Court always in term. The process attached to every writ and execution issued upon every judgment, (except in regular causes at the quarter session hereinafter named, involving more than one hundred dollars) and every precept, rule or order in such causes shall be directed to the special bailiff of the County Court and constables of said county; with the service and enforcement of these, the special bailiff is particularly charged; he may himself perform the duty, or require it done by any constable; in the latter case the officer acting shall receive the fees now allowed in Justice's Courts. The laws relating to levies and sales under executions from Justice Courts shall apply to and govern the class of executions in this section first described; the sales to be at the law ground of the militia district of the debtor's residence. Parts of County Court Act adopted. Modifications. Quorum. Mistrial. Terms of the Court. Suits shall be brought, how. Rules of practice. Habeas Corpus. Suits to recover personal property. Misdemeanors. Criminal warrants, Court may issue and sit as Courts of inquiry. Clerk, duties of. Special bailiff. Writs and executions, how directed. Fees. 210. III. That all the ministerial officers named in this Act are officers of the County Court, and subject to be ruled in respect of the discharge of any duty here imposed. Officers of County Court. 211. Sec. IV. That where a person charged with a crime committed in said county is brought before a Court of inquiry therein, and it appears that the offense of which the accused is guilty is a misdemeanor, and a bond for his appearance is required, such bond shall obligate the accused and his sureties for the principal's appearance at the County Court, to be held next thereafter, and from term to term until discharged by its decree. The commissioners, during the trial of any criminal case, may order the trial to cease, and the accused bound over to the Superior Court, if in their judgment the crime of which he is guilty is a felony. Parties bound over for misdemeanor shall appear at County Court. In cases of felony. 212. Sec. V. That when any person charged with a misdemeanor is brought before the County Court, if the accused shall in writing demand an indictment by a grand jury, the Court shall require of him bond with good security, to appear and answer to such indictment (if found) before the County Court from term to term, until discharged by its leave. If a party accused shall not ask a continuance, or shall be refused a continuance, and shall demand a jury to try his cause, the accused shall be bailed, or, in default of bail, committed to jail, and the case shall be postponed until the quarter session next thereafter to be held. The Courts held on the first Mondays in March, June, September and December shall be Courts of quarter sessions. Juries for the trial of criminal cases at said sessions shall be thus procured: The commissioners from the

Page 265

list of persons liable to do jury duty shall make a list, put their names in a box, and at each quarter session draw by lot a jury of seven to serve for the next quarter session. The first such jury may be drawn at any time after the passage of this Act. They shall be summoned by the special bailiff or other constable five days before the term at which they are to serve. Whenever a presentment or indictment for a misdemeanor shall be found in the Superior Court, the same with all papers connected therewith may, in the discretion of the Judge, be immediately transmitted to the County Court, and there be tried in the manner herein prescribed. In such cases the fee of the Solicitor General shall be taxed with the other costs; that of the county solicitor shall be paid out of fines and forfeitures, or, in default of the sufficiency of such funds, from the county treasury. On certiorari of a criminal case to the Superior Court the Solicitor General shall represent the case. His fee for such service shall be five dollars, except in cases where the indictment or presentment was found in the Superior Court. If a demurrer to an indictment found or presentment made in the Superior Court shall be sustained in the County Court the County Court shall proceed in all respects as though the indictment or presentment had been a written accusation, such as is provided for in section 12 of the Act hereinbefore recited. If the demurrer be not sustained no new trial shall be awarded by the Superior Court, where it shall appear that substantial justice has been done. If accused demand indictment by grand jury, duty of Court. Terms of the Court. Jurors, how drawn. Indictment for misdemeanor in Superior Court may be transferred to County Court. Certiorari to Superior Court. 213. Sec. VI. That the Court shall, if possible, procure the services of a competent person to act as county solicitor, who shall discharge in said Court the duties of the Solicitor General in the Superior Court, so far as the same may be in parallel, and shall receive for his services the fees hereinafter named. In the absence of a solicitor the Court may prefer the accusation, and conduct the cause for the State. County solicitor. Duties and compensation. 214. Sec. 7. That the Court at its quarter sessions further shall have jurisdiction without the intervention of a jury (unless a jury is demanded as herein provided) to try and determine common law civil causes in tort or contract wherein the principal sum claimed, value alleged, or damage laid does not exceed the sum of three hundred dollars; in such cases suit shall be brought, service perfected, trial proceed, execution issue and be enforced, and the proper officer attend the Court and obey its mandates in all respects, as in the like cases in the Superior Courts. It shall be the right of either party in a cause involving more than one hundred dollars to demand a jury; such demand, if by the plaintiff, shall be indorsed upon the writ at the time of filing the same, and the sum of six dollars be then deposited with the clerk as jury fees; on affidavit made by plaintiff that by reason of his poverty he is unable to pay the same. The like demand may be made by the defendant at the appearance term in answering the cause, and he shall be then held to the same condition as to the payment of jury fees, unless the same shall have already been deposited or affidavit made as aforesaid by the plaintiff; when

Page 266

such demand shall be made by either party, the Court shall draw a jury of six for the trial of such cause, and have summoned as in criminal cases. The same right of exception to jurors and no other, as in criminal cases, shall be allowed, and wanting jurors in like manner be supplied. The jury fees shall be computed as costs against the party cast. The Court, in its discretion, may require the same jury to try any number or all of the civil causes wherein a jury trial is demanded, and may apportion the burden of jury fees among the parties east in such causes: Provided , such costs in no case shall exceed six dollars; where such apportionment is made, the sum deposited in excess of the sum taxed in each case, shall be refunded to the depositor. A deficit in jury fees shall be supplied from the county treasury by certificate, as to jurors in the Superior Court. When no demand for a jury is made, the right of trial by jury shall be considered waived; it shall be the right of either party in any such cause to enter a motion for a new trial. The abstract of evidence and all the papers shall be perfected in the County Court under the rules that obtain in the Superior Court; the papers then shall be transmitted by the Clerk to the Superior Court, and be there entered on the motion docket for a hearing at the first term. Court may try civil cases without jury, when. Parties may demand jury, when. Same jury may try all civil cases. Costs. Motions for new trials. 215. Sec. VIII. That all regular causes brought by petition and process involving not more than one hundred dollars principal sum, shall stand for trial at the first term; causes involving a greater principal sum or value, shall stand for trial at the quarter session next after the appearance term. In all regular cases wherein at the trial term there is no issuable defense filed on oath, it shall be the right of the plaintiff to have judgment as by default. Trial term. 216. Sec. IX. That when the affidavit for an attachment or garnishment, or for any other warrant other than a criminal warrant, jurisdiction to try which is given to the County Court by this Act, shall be made before one of the commissioners, the commissioner himself or the clerk, when required by the complaining party, shall issue the writ or warrant in the name of the county commissioners, making it returnable according to its dignity, as hereinafter defined, to the next regular monthly or quarterly session, unless by special law a longer time is necessery for giving notice to the adverse party, in which case the return shall be made to the next succeeding term. The writ or warrant in any such cause shall be directed to the same officer, (with the addition of the special bailiff of the County Court,) to which the like writs or warrants are now required by law to be directed, and such proceedings thereafter shall be had as now by law are prescribed. Nothing in this section shall be construed to interfere with the existing authority of any magistrate in any of the several classes of cases herein recited. Attachment and garnishment proceedings. 217. Sec. X. The County Court shall discharge all the duties formerly devolved on the Justices of the Inferior Court, as to county business. They also may sit as a board of arbitrators in any case referred to them by the parties in interest that may be arbitrated under the provisions of chapters 1 and 2 of title 28 of the Code. The

Page 267

hearing shall be had at a regular or adjourned term of the County Court; the award when made shall be entered as the Court's judgment at the next regular monthly or quarterly session, according to the amount or value involved, and shall be enforced by execution, as in other cases. The like submission shall be made, notices be given and exceptions taken, as in cases of arbitration under the statutory provisions aforesaid. When exceptions are so filed to making an award the judgment of the County Court the matter shall go to the Superior Court as by consent appeal, and the exceptions there be heard, as is now provided by law. When any cause so arbitrated is superior to the jurisdiction of the County Court, the award after notice given, as in section 4183 of the Code, shall be returned by the Clerk to the next Superior Court, and exceptions, if any, filed and determined there, as prescribed by sections 4184 and 4185 of the Code. The costs may be taxed against either party, or both, as the arbitrators may think just and right. They shall have each one dollar per day while employed in the arbitration, and one per centum on the sum or value involved. The order of business at every term, shall be: 1st. Criminal cases, requiring a jury or jail delivery; 2d. Civil causes, requiring a jury; 3d. Other civil causes; 4th. Other criminal causes; 5th, County business; 6th. Arbitrations. This provision of the order of business is only directory. Court to discharge duties of Inferior Court. Order of business. 218. Sec. XI. The following table of fees for services in the County Court is established: The commissioner's fees are each: 1st. For every civil cause brought by petition and process, that is tried or settled, when the sum claimed, value alleged or damage laid is $30 or less, seventy-five cents; 2d. For every such cause, involving more than $30 and not exceeding $100, $1; 3d. For every such cause, involving more than $100, $2; 4th. For every cause of habeas corpus , tried or settled, $2; 5th. For each possessory or other warrant, writ or rule, tried or settled, where value involved does not exceed $100, seventy-five cents; For every $100, or fractional part thereof, in excess of the first $100, seventy-five cents. 6th. For every criminal cause tried or settled, $1. All moneys arising from fines and forfeitures shall be applied, first, to payment of solicitors' insolvent costs, and thereafter in equal proportion to payment of the insolvement criminal costs of the other officers of Court. If there be a surplus, it shall be paid into the treasury, the commissioners taking the treasurer's receipt therefor. An exhibit of all receipts and disbursements shall be made by the commissioners to the grand jury of the Superior Court at every Spring term, and incorporated in their general presentments. If the commissioners shall use any of said moneys, or fail to turn over the same, they shall be liable criminally as county treasurer, under section 4268 of the Code. The Clerk's fees are: In the first five classes of cases above numerically recited, the same with each of the commissioners; in each criminal case, tried or settled, seventy-five cents; for each subp[UNK]na, ten cents; for each fi. fa. issued, twenty-five cents. The special bailiffs' fees are: In the first five classes of cases as above, the same with

Page 268

each of the commissioners; in each criminal case, tried or settled, whole cost, $1.25; for each fi. fa. executed by him, seventy-five cents; for levies, sales and commissions on proceeds of sale, the same with a constable. The sheriffs' fees are: For each cause tried or settled at quarter sessions, involving more than $100, $2; extra services and necessary expenses in and about the discharge of their respective duties, may be considered by the Judge of the Superior Court, upon the recommendation of the grand jury, in allowing to the clerk, sheriff and special bailiff extra compensation. The county solicitor's fees to be taxed as other costs, except in the case named in section 5 of this Act, are: For each criminal case, tried or settled, $5; for each bond forfeited, $2. The jurors receive each one dollar per day, to be paid as juror's in the Superior Court, except in those civil cases wherein they are paid by the parties. Fees. Fines and forfeitures. Clerk's fees. Sheriff's fees. 219. Sec. XII. A vacancy in the office of county commissioner shall be filled at a special election, ordered by the remaining two, to be held after thirty days' written notice, posted at the several election precincts, the election to be conducted as prescribed by law for conducting the regular elections of county officers. This bill shall not take effect unless the grand jury at the next April term of the Superior Court of said county, or two successive grand juries thereafter, shall so recommend. Vacancies to be filled, how. Sec. XIII. Repeals conflicting laws. Approved February 21st, 1873. No. CCXLII.(O. No. 246.) An Act to authorize the surviving members of the Board of Trustees of Hall County Academy to sell the old academy lot and reinvest the proceeds for educational purposes. 220. Section I. The General Assembly of the State of Georgia do enact , That the surviving members of the board of trustees of the Hall County Academy may sell, either at public outery or privately, the vacant lot in the city of Gainesville on which the Hall County Academy formerly stood, and turn over the proceeds of such sale to the City Council of Gainesville, to be by them reinvested in the purchase of another more suitable and more central lot for educational purposes. Old academy lot, sale authorized. Reinvestment of proceeds of sale. Sec. II. Repeals conflicting laws. Approved February 22d, 1873.

Page 269

No. CCXLIV.(O. No. 68.) An Act to create a County Board of Commissioners for the County of Hart, to define their duties and powers, and for other purposes. 221. Section I. 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, there shall be established a county board of commissioners in the county of Hart to consist of three members; a majority of whom shall constitute a quorum for the transaction of all business lawfully before them: Provided , that when only two members of said board are present at any sitting their decision shall be unanimous; and the said board of commissioners shall have all the power and authority legally possessed and exercised by the Justices of the Inferior Court under the laws of the State at the time of the adoption of the present Constitution of this State. Commissioners. Quorum, what shall constitute. May exercise jurisdiction of Inferior Court. 222. Sec. II. That said board of commissioners shall hold monthly sessions on the first Tuesday of each month, or oftener if the business of the county should absolutely require it, to be determined by said board of commissioners. And the Clerk of the Superior Court of Hart county shall act as clerk for said board, with such compensation as said board shall determine: Provided said compensation does not exceed the compensation allowed formerly to the Clerk of the Inferior Court. Monthly sessions. Clerk. Compensation. 223. Sec. III. That said commissioners shall be elected on the first Saturday of March next, by the legal voters of said county, under the same rules and regulations of law now controlling county elections in this State. The Governor shall, upon the receipt of the returns of said election, to be forwarded to the Secretary of State, commission said commissioners for the remainder of the time between their election and the time of the next regular election for Ordinary of the State. Commissioners, when elected. Governor shall commission. 224. Sec. IV. That said commissioners, after the first election, shall be elected at the time and for the term of the Ordinaries' election in this State. Said commissioners shall receive such compention as the grand jury at the next term of the Superior Court, after their election, may determine; or no compensation, if said grand jury shall so decide. Compensation for commissioners. 225. Sec. V. That said commissioners shall have authority to cause a registry of all claims of every description against the county of Hart, under such rules as they may prescribe; and may affix as a penalty for non-compliance with such rules a forfeiture of the claim so failed to be registered; except by a favorable verdict on such claims by a jury in an issue on mandamus . Registry of claims against county. Sec. VI. Repeals conflicting laws. Approved February 19th, 1873.

Page 270

No. CCLXV.(O. No. 266.) An Act to allow the Ordinary of Houston county to hire out convicts to persons having charge of public contracts, and for other purposes. 226. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the Ordinary of Houston county be and he is hereby authorized to hire out persons convicted of misdemeanors or other offenses not punishable by imprisonment in the penitentiary, to persons having charge of public contracts, or to employ them under the direction of an overseer, in cutting out and repairing public roads, building and repairing public bridges, and upon any other public works coming under his jurisdiction. Convicts, Ordinary may farm out. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CCXLVI.(O. No. 267.) An Act to repeal an Act entitled an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified between sunset and sunrise in several counties of this State, without the permission of the owner or employer of the land on which the products are raised, etc., so far as the same relates to the counties of Houston and Glynn, approved August 23d , 1873. 228. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above recited Act, so far as it relates to the counties of Houston and Glynn, be and the same are hereby repealed. Recited Act repealed as to Houston and Glynn. Approved February 22d, 1873. No. CCXLVII.(O. No. 271.) An Act to increase the Fees of Constables in the county of Irwin. 229. 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 fees of constables in the county of Irwin, be and the same are hereby increased fifty per cent. upon the fees now prescribed by law; and it shall and may be lawful for the constables in said county of Irwin to have taxed in the bill of costs, and to collect the additional percentage allowed by this Act. Fees of constables. Sec. II. Repeals conflicting laws. Approved February 22d, 1873.

Page 271

No. CCXLVIII.(O. No. 129.) An Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington. 230. Section I. Be it enacted by the General Assembly of the State of Georgia , That it shall not be lawful for the Ordinaries of Jefferson, Burke and Washington counties to grant a license to any person to sell intoxicating liquors in said counties, in any quantity, unless the applicant for license shall, in addition to complying with all the requisites of the law as it now stands, present to said Ordinaries to be filed in their office the written consent to the granting of said license, signed by two-thirds of the citizen freeholders living within three miles of the place at which the applicant proposes to sell. Licenses to sell intoxicating liquor, how granted. 231. Sec. II. That any Ordinary violating the provisions of the above section of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4245 Irwin's Revised Code. Misdemeanor to sell without license. 232. Sec. III. That the provisions of this Act shall in no way apply to or affect any incorporated town or village in said counties, where by law the power to grant and control the issuing of license is vested in said town authorities. This Act not to affect towns or villages, when. Sec. IV. Repeals conflicting laws. Approved February 20th, 1873. No. CCXLIX.(O. No. 212.) An Act to repeal an Act to prohibit the catching of fish in seines in the waters of the Ohoopee river, in Johnson county, approved August 26th , 1872. 233. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, that an Act entitled an Act to prohibit catching of fish in seines in the waters of Ohoopee river, in Johnson county, approved August 26th, 1872, be and the same is hereby repealed. Catching fish in seines prohibited, where. Sec. II. Repeals conflicting laws. Approved February 21st, 1873.

Page 272

No. CCL.(O. No. 270.) An Act to create an Advisory Board of Commissioners for the counties of Laurens and Glascock, and define its powers. 234. Section I. Be it enacted by the General Assembly of Georgia , That from and immediately after the passage of this Act, there shall be established in and for said counties of Laurens and Glascock an advisory board of commissioners, to consist of three persons, who shall sit in conjunction with the Ordinaries of said counties in all matters involving the interests of said counties when sitting for county purposes, and the concurrence of at least two of said board shall be necessary to give validity to any order or decree of said Ordinary in any matter or thing which, previous to the adoption of the Constitution of 1868, was within the jurisdiction of the Inferior Court, and which, by the abolition of said Inferior Court, became vested in the Ordinary of the several counties of this State. Advisory board of commissioners. Concurrence necessary to validity of certain acts of Ordinary. 235. Sec. II. That it shall be the duty of the Ordinaries of said counties on the first Tuesday in each and every month, in conjunction with at least two of said commissioners, to hold at the county site of said counties a session for county purposes, at which shall be considered and determined all matters of county business within their jurisdiction, and which were formerly considered and transacted by the Inferior Court of said counties prior to the abolition of said Court. Monthly sessions. 236. Sec. III. That said commissioners shall be elected by the grand juries of said counties at the Spring sessions of the Superior Court in each and every year, and shall take and subscribe before the Clerk of said Superior Court the usual oath, faithfully and impartially to discharge their duties as county commissioners, and no one shall be eligible as a commissioner aforesaid who has not been a bona fide citizen and resident of said county at least one year preceding his election. To be elected by grand jury. Who eligible. 237. Sec. IV. That said commissioners of Laurens county shall have and receive, to be paid out of the county treasury of said county, such compensation as the grand jury shall recommend at the time of making their annual recommendation as to county taxes. The commissioners of the county of Glascock shall be exempt from any militia and road duty during the term they serve, and shall receive no other compensation. Compensation. Sec. V. Repeals conflicting laws. Approved February 22d, 1873.

Page 273

No. CCLI.(O. No. 35.) An Act to repeal so much of 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 19th, 1872, as applies to the county of Lincoln. 238. Section I. Be it enacted by the General Assembly of the State of Georgia , That so much of 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 19th, 1872, as applies to the county of Lincoln, be and the same are hereby repealed. County Court Act repealed as to Lincoln county. Sec. II. Repeals conflicting laws. Approved February 14th, 1873. No. CCLII.(O. No. 313.) An Act to repeal an Act entitled an Act to change the line between the counties of Lowndes and Berrien, passed in 1870, and which became a law by the lapse of five days without the approval of the Governor. 239. 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, an Act entitled an Act to change the line between the counties of Lowndes and Berrien, passed in 1870, and which became a law by the lapse of five days from its receipt by the Governor without his approval, be and the same is hereby repealed. Line changed. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CCLIII.(O. No. 46.) An Act to repeal so much of an Act to increase the pay of jurors in the counties of Stewart, Webster, Troup, Terrell, Spalding, Gordon, Paulding, Early, Miller, Green, Murray, Quitman, Fayette, Clayton, Lumpkin, Heard, Cobb, Clarke, Chattahoochee, Henry, Taylor, Macon, Telfair, Thomas, Decatur, Habersham, Monroe, Dooly, Jasper, Houston, Worth and Clay, so far as the same extends to and includes the county of Lumpkin. 240. Section I. 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 Act entitled an Act to increase the pay of jurors in the counties

Page 274

of Stewart, Webster, Troup, Lumpkin, and others therein named, approved December 14th, 1872, as extends to and includes the county of Lumpkin, be and the same is hereby repealed. Pay of jurors in Lumpkin Court, etc. Sec. II. Repeals conflicting laws. Approved February 15th, 1873. No. CCLIV.(O. No. 47.) An Act to provide for the payment of insolvent costs to the county officers of the counties of Marion, Lincoln, Douglass and McDuffie. 241. Section I. 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 the counties of Marion, Lincoln, Douglass and McDuffie to lay before the grand jury at each term of the Superior Court of said counties a statement of the amount of insolvent cost in criminal cases which may accrue after the passage of this Act, claimed, and if the grand jury is satisfied that the services for which the cost is claimed have 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 costs in criminal cases, grand jury may recommend payment of. Treasurer shall pay. Sec. II. Repeals conflicting laws. Approved February 15th, 1873. No. CCLV.(O. No. 252.) An Act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoochee. 242. Section I. 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 districts in which the county towns of the counties of Marion, Talbot, Stewart and Chattahoochee are 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. Justices and Notaries Public who are ex officio Justices may try misdemeaors. 243. Sec. II. 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 diligence to procure the attendance of the witnesses for and against the prisoner: Provided , that nothing herein contained shall force the prisoner to trial, if from providential causes he is unprepared. Cases, when to be tried.

Page 275

244. Sec. III. 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. Defendants to be tried on written accusations. 245. Sec. IV. That there shall be no jury trial before said Court, unless demanded by the accused, in which event the jury shall consist of twelve men competent to serve as jurors in this State; and when demanded by the accused said Court shall order the bailiff or attending officers to summon a jury of sixteen men, from whom said jury of twelve shall be selected by striking, the accused having the first strike. Accused may demand trial by jury. 246. Sec. V. That any Justice of the Peace or Notary Public, ex officio Justice of the Peace of said counties may commit to the Court herein established any offender charged with any offense below the degree of felony. Who may commit. 247. Sec. VI. 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 eveidence, and if probable guilt is made to appear, to commit said prisoner as heretofore practiced to the Superior Court of said counties. Waiver of indictment by grand jury. 248. Sec. VII. That where an indictment is pending against any person in the Superior Court of said counties for any offense below the degree of felony, the Judge of said Superior Court may in his discretion have the case or cases transferred by special order either at a regular term of said Superior Court or in vacation, 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: Provided , that if any case or cases be transferred from the Superior Court the Judge of the Court shall in his order specify some attorney in the county in which the Court is held to represent the State in the prosecution of said case or cases so transferred. Cases of misdemeanor may be transferred to these Courts from Superior Courts. 249. Sec. VIII. 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. When offense is felony to be bound over to appear at Superior Court. 250. Sec. IX. That it shall be the privilege of any defendant to sue out a writ of certiorari from the decisions 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 certiorari; and provided further , that fifteen days

Page 276

be given said defendant to obtain the sanction of the writ of certiorari . Writs of certiorari. 251. Sec. X. 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 duties: Provided , that any sheriff or constable may act as such bailiff. Bailiffs. 252. Sec. XI. That said Justice or Justices shall receive four dollars for each case tried, and the bailiff 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 property. If real property, in the gazette in which the sheriff's sales are advertised; and shall, on the day of sale 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. Costs, how collected. 253. Sec. XII. That said Justice or Justices shall keep a docket of all cases brought before them, 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 Justice or Justices to pay over to the county treasurer immediately all fine money received, after paying all insolvent cost 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 recovered. Dockets. 254. Sec. XIII. 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. Compensation. 255. Sec. XIV. 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 Justice and Notary 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. Either Justice or Notary may preside alone. 256. Sec. XV. That said Court shall have the same powers in enforcing its judgments or processes and in preserving order that are given to other Courts of law. Sec. XVI. Repeals conflicting laws. Approved February 22d, 1873.

Page 277

No. CCLVI.(O. No. 182.) An Act to authorize the County Commissioners of McIntosh county to issue Bonds to rebuild the Court-house, Jail and County Offices recently destroyed by fire in said county, and to assess and collect a special tax for the payment of the same . 257. Section I. Be it enacted by the General Assembly of the State of Georgia , That the county commissioners of McIntosh county be and they are hereby authorized and empowered to issue bonds of said county in such sums, altogether not exceeding ten thousand dollars, as they may deem expedient, said bonds bearing interest at seven per cent. per annum and falling due and payable at any time that said commissioners may designate upon the face of each bond respectively, written ten years next ensuing after the date thereof, for the purpose of rebuilding the Court-house, jail and other county offices recently destroyed by fire in said county. Bonds, county of McIntosh may issue to build jail. 258. Sec. II. That said commissioners shall make such arrangements for the sale of said bonds to the best advantage as they may deem advisable: Provided , that said bonds shall not be sold or disposed of for less than eighty cents on the dollar: and provided further , that the proceeds arising from the sale of said bonds shall not be used for any other purposes than the rebuilding of said Courthouse, jail and other county offices. Sale of bonds. 259. Sec. III. That it shall be the duty of said commissioners to number said bonds before sale, and to keep a book of record showing the numbers and amounts of said bonds issued, to whom, when, and for what amounts sold, the application of the funds derived from the sale of said bonds, and the amounts collected annually by taxation or from other sources and expended in the payment of the principal and interest of said bonds whenever the same shall become duy and payable; which said book of record and accounts, together with all canceled bonds and vouchers connected with the rebuilding of said Court-house, jail and other county offices, shall be submitted annually to the inspection of the grand jury of said county at the Spring term of the Superior Court until the last of said bonds shall have been canceled and the said Court-house and jail and county offices shall have been rebuilt, when the final approval of the accounts of said commissioners by said grand jury shall constitute their discharge from further reponsibility in the matter. Record of bonds. Records to be presented to grand jury. 260. Sec. IV. That said commissioners shall have power to levy and assess a special tax annually, not to exceed one hundred per cent. on the State tax for the year 1872, upon all taxable property of said county to meet the payment of the principal and interest of said bonds whenever the same shall fall due. And it shall be the duty of the tax collector of said county to collect said tax, and as soon as collected to pay it over into the hands of the chairman of said county commissioners, and to take his receipt for the same. Special tax for payment of bonds.

Page 278

261. Sec. V. That the said board of county commissioners, in their capacity ex officio as Mayor and Aldermen of the city of Darien, as well as in their capacity as county commissioners, shall, from and after the passage of this Act, have authority to make any arrangement or contract between the said county of McIntosh and the city of Darien, by which the said city of Darien shall assume the payment of one half of the said bonds to be issued by authority of this Act, and shall have the use of said Court-house as a town hall, and the use of a part of said jail, when built, as a lock-up . City of Darien may contract with McIntosh county. Sec. VI. Repeals conflicting laws. Approved February 21st, 1873. No. CCLVII.(O. No. 180.) An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenue for Meriwether county, and more fully define their duties and powers. 262. Section I. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the commissioners of roads and revenue for the county of Meriwether are authorized and empowered to exercise all the powers that could lawfully be exercised by the Justices of the Inferior Court when sitting for county purposes at the time of the abolishment of the Inferior Court. Commissioners shall exercise same power as Inferior Court, etc. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CCLVIII.(O. No. 285.) An Act to repeal an Act entitled an Act to increase the pay of jurors in the counties of Stewart, Webster, Troup, Terrell, Spalding, Gordon, Paulding, Early, Miller, Green, Murray, Quitman, Fayette, Clayton, Lumpkin, Heard, Cobb, Clark, Chattahoochee, Henry, Taylor, Macon, Telfair, Thomas, Decatur, Habersham, Monroe, Dooly, Jasper, Houston, Worth and Clay, approved December 14th, 1871, so far as the same relates to the county of Miller . 263. Section I. 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, so far as it relates to the county of Miller, be and the same is hereby repealed. Act repealed as to Miller county. Sec. II. Repeals conflicting laws. Approved February 22d, 1873.

Page 279

No. CCLIX.(O. No. 213.) An Act to change the lines between the counties of Mitchell and Colquitt, and to change the line between the counties of Houston and Macon . 264. Section I. Be it enacted by the General Assembly of Georgia , That the lines between the counties of Mitchell and Colquitt be and they are hereby changed, by adding lot of land number seventeen in tenth district in the county of Mitchell to the county of Colquitt. Colquitt and Mitchell counties. 265. Sec. II. That the line between the counties of Macon and Houston be so changed as to include within the limits of the county of Macon, lot of land number two hundred and fifty-five in the ninth district of Houston; also, lots of land number thirty-two and number sixty-four, west halves of lots of land number thirty-one and thirty-three in the fourteenth district of Houston county, to the county of Macon. Line between changed. Sec. III. Repeals conflicting laws. Approved February 21st, 1873. No. CCLX.(O. No. 108.) An Act to provide for a County Board of Commissioners for the county of Mitchell and to prescribe and define the powers and duties thereof . 266. Section I. 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 Mitchell 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 forth. Certain duties of Ordinary transferred to county commissioners. 267. Sec. II. 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. Board to consist of whom. Term of office. 268. Sec. III. That Harmon D. Sapp, Boliver H. Gee, Reuben Sacker and James H. Cochran, 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 the Ordinary, and that said board shall discharge all duties herein mentioned. Commissioners. 269. Sec. IV. That all regular elections hereafter of an Ordinary

Page 280

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 death, resignation, 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. Election of commisioners. Vacancies, how filled. 270. Sec. V. That the said board shall meet at the Court-house in said county on the first Tuesday in every month, and on such other days as they 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 acts and doings. Time and place of meeting. Record of proceedings. 271. Sec. VI. That said board may adjourn from day to day; that each member of said board shall, before undertaking to act as commissioner, 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 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. Board may adjourn from day to day. Oath of office. 272. Sec. VII. That said board shall have the same right to punish for contempt as Judges of the Superior Courts of this State have. Contempt, board may punish for. 273. Sec. VIII. 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 selecting him. Clerk. Sec. IX. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXI.(O. No. 274.) An Act to fix the official bonds of certain County Officers of the counties of Monroe, Camden, Houston and Ware . 274. 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 that the bond of the Ordinary of the county of Monroe shall be ten thousand dollars; of the Ordinary of the counties of Camden and Houston, five thousand dollars each, and of the Ordinary of the county of Ware, three thousand dollars, all conditioned for the faithful discharge of their duties as clerks of Ordinary. Ordinary of Monroe, bond of. Of Camden and Houston. Of Ware. 275. Sec. II. That the bond of the Clerk of the Superior Court of the county of Monroe shall be ten thousand dollars, and of the county of Ware, one thousand dollars, and the bond of the county surveyor of the last named county, five hundred dollars. Clerk Superior Court of Monroe, bond of.

Page 281

276. Sec. III. That the bond of the sheriff of the county of Monroe shall be twenty thousand dollars; and the bond of the county treasurer of the county of Camden shall be six thousand dollars. Sheriff. Treasurer. Sec. IV. Repeals conflicting laws. Approved February 22d, 1873. No. CCLXII.(O. No. 269.) An Act to create a Board of Commissioners of Roads and Revenue for the county of Montgomery, and to define the powers and duties of the same. 277. Section 1. Be it enacted by the General Assembly of the State of Georgia , That there shall be a board of commissioners established in the county of Montgomery to consist of five persons: the first board to be elected by the grand jury of the first term of the Superior Court of said county after the passage of this Act, and the persons so elected shall hold their office until the next regular election for Ordinary of said county. They shall receive a certificate of their election from the Clerk of said Superior Court, which shall be evidence of their authority in all matters hereinafter confided to them, and all succeeding boards shall be elected by the qualified voters of said county at the same time and for the same term as the Ordinary, and shall be commissioned by the Governor, and all of said commissioners shall take an oath before the Ordinary for the faithful discharge of their duties. Commissioners, how elected. Succeeding boards, how elected. 278. Sec. II. That said board of commissioners shall have and exercise all the powers and discharge all the duties in regard to the public property and buildings; the assessing, collecting and disbursing taxes; the auditing and settling claims against the county; the laying out and changing militia districts and establishing election precincts, and all matters in regard to roads, bridges and ferries and all other county matters, which prior to the adoption of the present Constitution were vested in the Inferior Court, and subsequently in the Ordinary of said county. They shall also have power to fill all vacancies which may occur in said boards. Duties of the board. 279. Sec. III. That said board of commissioners shall meet at the Court-house, as often and on such days as they may deem proper, and shall keep a full and correct record of all their proceedings, and shall submit the same, together with a correct statement of the finances of the county, to the grand jury at the Spring term of the Superior Court in each year. Record of proceedings. 280. Sec. IV. That said board of commissioners may employ a clerk, with such compensation as they may think proper to allow him, said compensation not to exceed twenty-five dollars per annum. Clerk. 281. Sec. V. That said commissioners shall not be entitled to

Page 282

hold any other county office during their term of service as such commissioners, but may be members of the General Assembly. They shall be exempt from militia, road and jury duty, and shall receive no other compensation. Commissioners may not hold other county offices. Sec. VI. Repeals conflicting laws. Approved February 22d, 1873. No. CCLXIII.(O. No. 200.) An Act entitled an Act to establish a Board of Commissioners of Revenue, Roads, Bridges and Paupers for the county of Murray. 282. Section I. 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, there shall be established in the county of Murray a board of five commissioners of revenue, roads, bridges, ferries, paupers and pauper's fund, with full power to levy all taxes for county purposes; to appoint all road commissioners; to establish new roads and abolish old ones; to establish or abolish ferries; to build and repair bridges; to change lines of militia districts or to establish new districts; to appoint overseers of the poor, and to say who shall be beneficiaries of the pauper fund. The first board shall consist of John Bryant, Miniard W. Harris, Samuel M. Carter, John H. Kuhn, and William Luffman. The commissioners above stated shall hold their offices for the term of four years, and shall be commissioned by the Governor and take the usual oath of county officers, and to hold their offices until their successors are elected and qualified; which election for the second board shall be at the same time and place of the election of Ordinary and other county officers. Commissioners, powers of. First board. Term of office. Second board to be elected, when. 283. Sec. II. That the said board of county commissioners shall meet at the Court-house in said county at least four times a year, and as often as the interest of the county in their opinion require; and may appoint a clerk who shall keep a complete record of all the orders passed by the board, but his (the clerk's) salary shall not exceed twenty-five dollars per year. Four meetings each year. Clerk. 284. Sec. III. That the board of commissioners shall receive no emoluments for their services, but shall be relieved from road, jury and militia duty. Exemption from road, jury and militia duty. 285. Sec. IV. That the county board created by this Act shall audit and pass upon all claims for and against the county, and the county treasurer shall obey and respect all orders for money ordered to be paid out by the board and no others. Claims against county, board to audit. 286. Sec. V. That the said board shall have all the powers the Inferior Court had prior to the adoption of the Constitution of 1868, as prescribed by the Revised Code on all county matters, but shall have no other jurisdiction. Same powers as Inferior Court.

Page 283

287. Sec. VI. That the vacancies in said board by death, removal or resignation shall be filled by the Governor, upon the recommendation of a majority of the surviving board. This Act to go into effect from and immediately after its passage. Vacancies. Sec. VII. Repeals conflicting laws. Approved February 21st, 1873. No. CCLXIV.(O. No. 260.) An Act to amend an Act entitled an Act to organize a County Court for the county of Muscogee, to define its jurisdiction, and for other purposes, approved August 24 th , 1872. 288. Section I. Be it enacted by the Senate and House of Representatives in General Assembly met , That the fourth section of an Act to organize a County Court for the County of Muscogee, to define its jurisdiction, and for other purposes, be so amended as to read: There shall be four regular terms of the County Court, to-wit, on the third Mondays in March and June, and on the second Mondays in September and December. At said regular terms the County Court shall have jurisdiction of all criminal offenses less than felony, and of all civil cases, whether sounding in contract or damage, when the amount exclusive of interest does not exceed the sum of one thousand dollars, and of which exclusive jurisdiction is not by the Constitution 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 four or more, the Judge shall hold a special session for the trial of criminal cases only. Four regular terms. Jurisdiction. Special sessions for criminal cases. 289. Sec. II. That sections 4206 and 4207 of the Code shall obtain and apply to the County Court of Muscogee in all cases in which the same would be applicable in the Act organizing the City Court of Savannah. Sec. III. Repeals conflicting laws. Approved February 22d, 1873. No. CCLXV.(O. No. 126.) An Act to authorize the Ordinary of Newton county to levy a special tax for certain purposes. 290. Section I. The Senate and House of Representatives of the State of Georgia in General Assembly met , That the Ordinary of Newton county be and he is hereby authorized to levy an extra or special tax for the year 1873, for the purpose of grading the road through

Page 284

Alcova Swamp, near McGuirt's bridge, repairing the road near Brown's bridge, and the road between the corporate limits of the city of Covington and the town of Oxford, of such an amount as the grand jury at the March term, 1873, of the Superior Court of said county shall, in their discretion, recommend. Special tax for roads and bridges authorized. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXVI.(O. No. 138.) An Act to regulate the granting of license to retail Spirituous Liquors in Newton, Stewart and Jasper counties. 291. 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 Ordinaries of Newton, Stewart and Jasper counties shall not grant or issue license to retail spirituous liquors to any person or persons in said counties, unless said person or persons shall first obtain the written consent or recommendation of the four freeholders residing nearest the place at which said person or persons propose to retail spirituous liquors. License for retailing liquor, how granted. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXVII.(O. No. 161.) An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenue for the county of Paulding, approved December 13 th , 1871. 292. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the third section of the above recited Act be so amended as to read thus: that the said commissioners so elected shall hold a session on the first Tuesday in January, March, May, July, September, and November of each year; and that said commissioners each shall receive one dollar per day for every days actual service. Regular sessions. Sec. II. Repeals conflicting laws. Approved February 20th, 1873.

Page 285

No. CCLXVIII.(O. No. 209.) An Act to amend an Act approved November 25 th , 1825, entitled an Act to make permanent the site of the public buildings in the county of Pike, and to name and incorporate the same. 293. Section I. Be it enacted by the General Assembly of the State of Georgia , That the before recited Act be so amended as to include within the corporate limits of the town of Zebulon all dwellings and other property within one-half mile of the Court-house. Corporate limits extended. 294. Sec. II. That the commissioners of the town of Zebulon have the exclusive right to regulate the retail of ardent spirits within the corporate limits of said town: Provided , they shall not have the power to require exceeding fifty dollars, nor less than twenty-five dollars, for license to retail for the space of twelve months, in addition to the clerk's fee for issuing the same. Ardent spirits, license to retail. Sec. III. Repeals conflicting laws. Approved February 21st, 1783 No. CCLXIX.(O. No. 37.) An Act to amend an Act approved January 19 th , 1872, entitled an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned. 295. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, an Act entitled an Act to create a County Court in each county of Georgia, except certain counties therein mentioned, be so amended as to include the county of Putnam, and the provisions of said Act and the amendments thereto, are hereby made applicable to said county of Putnam, and the County Court is hereby established in said county. And it is hereby further provided, that the Governor of the State may appoint a County Judge of Putnam county, subject to the ratification, advice and consent of the Senate, any person deemed by him to be fit and proper who is twenty years of age. County Court Act, Putnam county included in provisions of. Judge, appointment of. Sec. II. Repeals conflicting laws. Approved February 15th, 1873.

Page 286

No. CCLXX.(O. No. 242.) An Act to create a Board of Commissioners of Roads and Revenue for the county of Quitman, and to define the powers and duties thereof. 296. Section I. 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 Quitman, consisting of four members, to be selected 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 year thereafter: Provided , that should any member of said board so appointed refuse to accept, or should a vacancy occur therein from any cause, it shall be the duty of the Ordinary of said county to fill such vacancy by appointment. Commissioners, grand jury to select. Vacancies, how filled. 297. Sec. II. That no person shall be eligible to the office of commissioner until he has attained the age of twenty-one, and has been a resident of the county for twelve months. Who eligible. 298. Sec. III. 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: First, in governing and controlling all property of the county, as they may deem expedient, according to law; second, in levying a general tax for general and a special tax for particular county purposes, according to the laws in this State; third, in establishing and changing election precincts and militia districts; fourth, in examining, auditing, settling and allowing all claims against the county; fifth, 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; sixth, in making such rules and regulations for the support of the poor of the county and promotion of health as are granted by law, or not inconsistent therewith; seventh, in altering, establishing and abolishing roads, bridges and crossings, according to law. Quorum. Exclusive jurisdiction. County property. County tax. Election precincts. Claims against county. Accounts of officers. County poor. Roads, bridges, etc. 299. Sec. IV. 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 they shall have no jurisdiction save and except such as appertain to county matters. Road commissioners. 300. Sec. V. 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. Monthly sessions. 301. Sec. VI. That said commissioners shall, during their continuance in office, be exempt from road and jury duty, and shall

Page 287

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 recommend. Exempt from road and jury duty. 302. Sec. VII. That said commissioners shall have authority to administer oaths in all matters appertaining to the duties of their office. May administer oaths. 303. Sec. VIII. That the said board of commissioners be required to render to the grand jury of said county at each regular term 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. Statement of financial affairs of county. 304. Sec. IX. That this Act shall not be so construed as to deprive the Ordinary of any fees now allowed by law. Ordinary, fees of. Sec. X. Repeals conflicting laws. Approved February 22d, 1873. No. CCLXXI.(O. No. 207.) An Act to authorize and empower the Ordinary of Rabun county to purchase Surveyor's Instruments for said county, and to pay for the same out of the treasury of said county, and for other purposes. 305. Section I. 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 Rabun be and he is hereby authorized and empowered to purchase for said county for the use of the surveyor thereof, a good and complete set of surveyor's instruments, and to order the same to be paid for out of the funds belonging to the county treasury of said county. Surveyors instruments, purchase of authorized. 306. Sec. II. That each county surveyor for said county, duly commissioned and qualified as such, shall have the right to the use of said surveyor's instruments during his continuance in office as such county surveyor on giving to the Ordinary of said county his receipt for the same. And it shall be the duty of said county surveyor, at the expiration of his term of office, to return said surveyor's instruments in good condition to the Ordinary of said county. County surveyors may use. Sec. III. Repeals conflicting laws. Approved February 21st, 1873.

Page 288

No. CCLXXII.(O. No. 40.) An Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenue in the county of Richmond. 307. Section I. Be it enacted by the General Assembly of Georgia , That from and after the passage of this Act the above recited Act approved October 17th, 1870, be and the same is hereby repealed. Act to create commissioners, etc. Sec. II. Repeals conflicting laws. Approved February 15th, 1873. No. CCLXXIII.(O. No. 208.) An Act to repeal an Act to prevent the obstruction of Buck Creek, through the counties of Schley and Macon, approved October 24 th , 1870. 308. Section I. 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 be and the same is hereby repealed. Recited Act repealed. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. Note.Original number 197, as of file in the office of the Secretary of State, is a verbatim et literatim copy of this Act, and is left out of this compilation by authority. No. CCLXXIV.(O. No. 137.) An Act to regulate the sale of spirituous liquors in the county of Screven and to prescribe a penalty for a violation of the same, and for other purposes. 309. Section I. 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, no license for the sale of spirituous or intoxicating liquors of any kind or in any quantity shall be granted, unless the application for the same has been approved by two-thirds of the grand jury impanneled at one of the terms of the Superior Court of said county, and the same entered upon the minutes of said Court. Sale of spirituous liquor, how regulated. 310. Sec. II. That no license shall be granted for a longer time than six months, nor shall a license so granted authorize the sale of spirtuous liquors at more than one place in said county, which place shall be specified in said license. Licensed how long granted, etc.

Page 289

311. Sec. III. That before any license for the sale of spirituous liquors shall be granted, the person applying for the same shall pay into the county treasury the sum of two hundred dollars. License tax. 312. Sec. IV. That the county commissioners of said county shall have power to increase the amount of the license fee herein required: Provided , the same is done at a regular term of the Court and entered upon the minutes thereof: and provided further , that this power shall not be exercised but once in six months. Commissioners may increase tax. 313. Sec. V. That nothing herein contained shall be so construed as to authorize the granting of any license, unless the oath now required by law be taken. Oath. 314. Sec. VI. That any person or persons who shall sell or cause to be sold in said county, either by wholesale or retail, spirituous liquors of any kind or in any quantity, without having first complied with all the provisions this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as is now prescribed for those retailing spirituous liquors without license. Penalty for selling without license. Sec. VII. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXXV.(O. No. 9.) An Act to create a Board of Commissioners of Roads and Revenue in the county of Harris, assented to March 17 th , 1869, so far as to make it applicable to the counties of Spalding and Butts. 315. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and immediately after the passage of this Act, all the provisions of an Act to create a board of commissioners of roads and revenue in the county of Harris, assented to March 17th, 1869, be made applicable to the counties of Spalding and Butts, except the tenth section of said Act. Road commissioners for Spalding and Butts counties. 316. Sec. II. That said board be allowed such compensation for their services as the grand jury in each county at the first session of each year may recommend: Provided , such compensation does not exceed two dollars per day. Compensation of. Sec. III. Repeals conflicting laws. Approved February 5th, 1873.

Page 290

No. CCLXXVI.(O. No. 133.) An Act to amend 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 and other counties therein named, 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, approved August 23 d , 1872, by applying all the provisions of said Act to the counties of Stewart, Chattahoochee, Fayette, Washington, Putnam, Taliaferro, Randolph and Mitchell . 317. Section I. Be it enacted by the General Assembly of Georgia , That all the provisions of the above recited Act be and the same are hereby extended to the counties of Stewart, Chattahoochee, Fayette, Randolph, Washington, Putnam, Taliaferro and Mitchell, and that said Act shall have full force and operation in said counties. Other counties embraced in provisions of said Act. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXXVII.(O. No. 244.) An Act to repeal an Act approved 14 th December , 1871, 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 . 318. Section I. 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 above recited Act as applies to the county of Stewart is hereby repealed. Pay of jurors in Stewart county. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CCLXXVIII.(O. No. 152.) An Act to provide for the payment of insolvent costs to the county officers of Sumter county, and for other purposes. 319. Section I. 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

Page 291

for any county officer in the county of Sumter to lay before the grand jury at each term of the Superior Court of said county a statement of the insolvent cost 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, shall 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. County officers may try claims before grand jury. 320. Sec. II. That the Judge of the Superior Court of Sumter county shall fix and assess the amount of compensation due to the sheriffs, the Clerk of the Superior Court, and his deputy, for said county of Sumter for extra services and per diem pay at each term of the Superior Court, and said Judge shall grant an order to each of said officers at each term of said Court for the payment of the same; and a certificate of said order or orders shall be sufficient authority for the county treasurer of Sumter county to pay the amount or amounts therein specified. Compensation for extra services. Sec. III. Repeals conflicting laws. Approved February 21st, 1873. No. CCLXXIX.(O. No. 168.) An Act to prohibit the sale of spirituous liquors within one mile of Magnolia Institute in Sumter county. 321. 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, 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 Magnolia Institute in the county of Sumter. Magnolia Institute, unlawful to sell liquor within one mile of. 322. Sec. II. That any person or persons violating the provisions of the first section of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4245 of Irwin's Revised Code. Sec. III. Repeals conflicting laws. Approved February 21st, 1873. No. CCLXXX.(O. No. 120.) An Act to prevent the obstruction of the waters of the Canoochee river and its tributaries. 323. Section I. 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, any person who may obstruct the Canooche river or its tributaries, so as to prevent the free

Page 292

passage of rafts of timber down the said river and its tributaries, shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4245 of Irwin's Revised Code. Canooche river unlawful to obstruct. 324. Sec. II. That this Act shall not be so construed as to prohibit or prevent the owners of the land upon or through or by which the said river or its tributaries may flow, from a lawful use of said river and its tributaries in the same manner as they might use the same before the passage of this Act. Sec. III. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXXXI.(O. No. 146.) An Act to revise, re-enact and amend an Act entitled an Act to organize a Criminal Court for each county in this State, approved October 7 th , 1868, so that the same shall hereafter apply to the county of Terrell . 325. 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, an Act entitled an Act to organize a Criminal Court for each county in this State, approved October 7th, 1868, be and the same is hereby revised and re-enacted, so that the same shall hereafter apply to the county of Terrell with the following amendments, to-wit: The first section of said Act shall read as follows: It shall and may be lawful for the Justice of the Peace living in the militia district in which the county town is situated, 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, and upon conviction to punish said offenders by fine or imprisonment, or both, under section 4245 of the Code of Georgia. Terrell county, criminal Court for. Misdemeanors, Justices of the Peace may try. 326. Sec. II. That the remaining sections and provisions of said Act shall be so amended as to conform to the foregoing section by striking out the words officers, Notaries Public, etc., and inserting in lieu thereof Justice of the Peace, and the singular for the plural pronoun wherever the same is necessary to make sense. Remaining sections of Act, how amended. 327. Sec. III. That the original Act shall be so amended in the fifth section as to strike out the word two, and insert four in lieu thereof. Fifth section amended. 328. Sec. IV. That said Court shall keep a docket of all cases brought before it, and a book to record all its actions 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 treasurer 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 a full account of the disposition of all fine money received; and the sheriff or bailiff attending the sessions of said Court shall receive

Page 293

the same fees as is now allowed by law for sheriffs performing similar services. Court docket. Fines disposition of. Fees of officers. Sec. V. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXXXII.(O. No. 275.) An Act to provide for the payment of Insolvent Costs to the county officers of Terrell, and for other purposes. 329. Section I. Be it enacted by the Senate and House of Representatives of the State 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 county of Terrell 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 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, payment of, to officers of Terrell county. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CCLXXXIII.(O. No. 276.) An Act to establish Free Schools in Thomas county. 330. Section I. Be it enacted by the General Assembly 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 lawful for the county board of education for Thomas county to establish schools in all the school houses of Thomas county for white and colored children. Schools. county board of education may establish. Sec. II. Repeals conflicting laws. Approved February 22d, 1873.

Page 294

No. CCLXXXIV.(O. No. 94.) An Act to construct a public road across the Blue Ridge, Duncan's Ridge, and Brass Town Mountain, and to appropriate money for the same, and for other purposes. 331. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That Allen Gaddis, John Davis, Henry Carrol, John Gillispie, William G. Butt, of the county of Union, and W. J. Haynes and John L. Logan, of the county of Towns, be and they are hereby constituted a board of commissioners to locate and construct a public road across the Blue Ridge and Duncan's Ridge in the county of Union, and the Brass Town Mountain in the county of Towns, beginning at Jacob Sane's house, south of the Blue Ridge, thence across said ridge at or near Cooper's Gap, thence the best route to Duncan's Ridge, thence across said ridge at the most convenient point; thence on to Blairsville, thence along the Hiwassee road across Brass Town Mountain to the Welch place; thence to Wood's house on the line of the State of North Carolina. Commissioners to locate road. Road, where to run. 332. Sec. II. That all road hands in each and every district through which said public road may run, shall each be required to work five days in the laying out and construction of said road under the direction of the before mentioned commissioners, or in lieu of such five day's work, any person liable to work said road shall have the privilege of paying three dollars in money to the treasurer of said road, and be exempt from such five days' work. Road hands to work, how long. Payment of money in lieu of work. 333. Sec. III. That Henry B. Gurley be and he is hereby made treasurer of said road to receive all moneys that may be paid over from any source under this Act, and pay out such money only under the direction of said board of commissioners. Treasurer. 334. Sec. IV. That the sum of three thousand dollars be and the same is hereby appropriated out of any money in the State treasury not otherwise appropriated, to be drawn by a warrant from the Governor and paid over by the State treasurer to said Henry B. Gurley, treasurer of said road aforesaid, to be applied by said commissioners to aid in the location and construction of said road. Appropriation to the road. 335. Sec. V. That the Governor shall not draw his warrant for said sum until it has been made satisfactorily to appear that the sum of three thousand dollars has been raised and placed in the hands of Henry B. Gurley, treasurer of said road, from other sources than this appropriation, and that the said commissioners and treasurer of said road have made a good and sufficient bond in double the amount of this appropriation, payable to the Ordinary of the county of Union, and to be approved by said Ordinary, said bond to be conditioned for the faithful application of all funds placed in their hands to the purposes of this bill: Provided , that nothing in this bill shall be construed to relieve any persons required by this bill to perform work,

Page 295

from performing their full quota of road duty under the Code of this State. Governor to draw warrant, when. Sec. VI. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXXXV.(O. No. 124.) An Act to repeal an Act entitled an Act to provide for the payment of insolvent costs to the county officers of Upson county, and for other purposes. 336. Section I. Be it enacted by the General Assembly of the State of Georgia , That the above recited be and the same is hereby repealed. Act repealed. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXXXVI.(O. No. 205.) An Act to create a Board of Commissioners of Roads and Revenue for the county of Walker, and to prescribe the powers and duties thereof. 337. Section I. 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 county of Walker, which shall be composed of five citizens of said county, who have attained the age of twenty-one years, who shall be elected by the qualified voters of said county at the same time and under the same rules and regulations prescribed by law for the election of Clerks of the Superior Court. Commissioners, to be elected. 338. Sec. II. That the term of office of said commissioners shall be the same as that of the Clerk of the Superior County of said county. Term of office. 339. Sec. III. That John Edge, John B. Wheeler, James M. Jackson, James C. Wardlaw and Dr. G. W. Jones, are hereby constituted commissioners, to hold their office until the first Wednesday in January, 1874. When the first election for commissioners shall be held said board shall keep a record of all their proceedings. Who are appointed. 340. Sec. IV. That said commissioners shall be furnished by the Clerk of the Superior Court of said county, with a certificate of their appointment or election, as the case may be, and shall take and subscribe before said Clerk an oath faithfully to discharge their duties as such commissioners. Certificates of appointment.

Page 296

341. Sec. V. That a majority of said board shall constitute a a quorum for the transaction of business, and a like majority shall be necessary to determine any question before said board, and said board shall have power to fill vacancies caused by the death, removal or resignation of any of its members. Quorum. 342. Sec. VI. That said board shall hold at least six regular sessions each year and such other sessions as said board may deem necessary; and may elect one of their number as clerk, and shall have exclusive jurisdiction in governing and controlling all property of the county according to law; in levying all county taxes under the Code and laws of Georgia; in altering, establishing and abolishing all roads, bridges and ferries according to law; in establishing and changing election precincts and militia districts; in examining, allowing and settling all claims against the county; in examining and auditing all accounts of all officers having the collecting, keeping and disbursement of money belonging to the county and bringing them to settlement; in the application of all pauper funds; in regulating peddling and fixing cost of license therefor. Regular sessions. Exclusive jurisdiction. 343. Sec. VII. That said board of commissioners shall have the same powers in appointing road commissioners and enforcing the road laws as the Ordinary now has; to attach for contempt, and to issue all orders and decrees necessary to carry into effect the provisions of this Act and not inconsistent with law. Road commissioners. 344. Sec. VIII. That said commissioners shall receive no salary, fees or costs, but shall be exempt from road, jury and militia duty. Commissioners exempt. Sec. IX. Repeals conflicting laws. Approved February 21st, 1873. No. CCLXXXVII.(O. No. 263.) An Act to authorize the people of Ware county to change their county site, and for other purposes. Whereas, a large portion of the people of Ware county, by petition, proposed to change their county site from Waresboro to Waycross, in said county, on the Atlantic and Gulf Railroad; while another large portion, claiming to be a majority, prefer that there shall be no removal; that the will of the majority of the people of said county may govern in the matter: Preamble. 345. Section I. The General Assembly of Georgia do enact , That George B. Williamson, William D. Munry, William M. Denton, Randal Jourdan, C. W. Hilliard and William T. Jones, together with the Ordinary of said county, be and they are hereby appointed commissioners for the purpose of ascertaining and carrying out the will of a majority of the people of Ware county in relation to their future county site. Commissioners. 346. Sec. II. That at any time after the passage of this Act, said

Page 297

commissioners shall give at least twenty days' notice to the voters of said county to assemble at their different election precincts, who shall vote upon and decide the question of removal or no removal, and those in favor of removal shall write on their tickets removal to Waycross, and those opposed shall write on their tickets no removal. The voters entitled to vote for members of the Legislature only being authorized to vote at such election, and the returns to be consolidated and result ascertained in the manner prescribed for other elections. Question of removal, people to vote upon. 347. Sec. III. That in case a majority of the voters at said election shall declare for no removal, no further action shall be taken; but in case a majority of said voters shall declare in favor of the removal of the county site to Waycross, it shall be the duty of said commissioners herein appointed to remove the books and papers belonging to the offices of Ordinary, Clerk of the Superior Court, sheriff, and other records of the county to Waycross any time they may deem best within twelve months after the passage of this Act. They may also determine whether or not to build a Court-house within that time, or whether temporary buildings be used until a Court-house is built. Books of county officers. 348. Sec. IV. That said commissioners are hereby authorized and empowered to raise funds to carry out the will of the people in case a removal to Waycross is determined, by issue of county scrip or county bonds or of both, and by taxation; the bonds and scrip not to exceed two thousand dollars in the aggregate and payable within four years, and the tax not to exceed fifty per centum on the annual State tax, and the money so raised shall be applied to building the Court-house. Said commissioners are also authorized to remove the old Court-house building from Waresboro to Waycross, or to sell the old Court-house and use the proceeds of the sale of the same in building a new Court-house. Commissioners may raise funds. 349. Sec. V. That said commissioners are hereby authorized in the manner aforesaid, and in equal sums to raise money to build a jail at Waycross as soon as funds can be raised without being, in the opinion of the said commissioners, oppressive to the people of said county. New jail. 350. Sec. VI. That said commissioners shall have power to fill all vacancies that may occur in their body by death, resignation or otherwise, and that a majority shall at all times be authorized to act and have power to apply any surplus bonds or scrip issued under the provisions of this Act, to the building of bridges, as in their judgment may be most to the interest of the county. Surplus bonds. Sec. VII. Repeals conflicting laws. Approved February 22d, 1873.

Page 298

No. CCLXXXVIII.(O. No. 102.) An Act to provide for an election by the people of Wayne county to fix the county site of said county, to provide for the purchase of land to be used for public purposes, the erection of suitable public buildings, and for other purposes. 351. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That an election shall be held on the last Saturday in March next at the several precincts established by law in said county by the legally qualified voters of said county, on the question of removal or non-removal of the county site thereof. County site, election to determine question of removal. 352. Sec. II. That the voters voting at said election shall vote no removal, or if in favor of removal shall designate by their ballots in the manner following, to-wit: Removal, Jesup, Removal. Waynesville, Removal, Screven, their choice of the location of the new county site. Votes, how to be cast. 353. Sec. III. That said election shall be held under the same rules and regulations as are now established by law; that the managers at said election shall consolidate the vote in like manner and certify the result to the Ordinary of said county. Election managers, duties of. 354. Sec. IV. That the place receiving the highest number of votes shall be the future county site of said county. And it shall be the duty of the Ordinary, immediately on receiving said certificates, if any other place other than the present county site, shall have received a larger number of votes than said present county site, to appoint one discreet person from each militia district of said county, and said person shall constitute a board of commissioners, whose duty it shall be to locate the site for public buildings at said place, receiving the highest namber of votes as aforesaid. Future county site. Board of commissioners. 355. Sec. V. That said board of commissioners be and they are hereby authorized to purchase or receive by donation, suitable land on which to erect the public buildings of said county and secure titles to the same, contract for the erection of said buildings, and to do all other acts that may be necessary to secure suitable public buildings for said county at the smallest cost to the citizens thereof. Land and public buildings. 356. Sec. VI. That so soon as said commissioners shall notify the Ordinary that the public buildings at said new county site are received by them as finished, he shall forthwith notify all the public officers of said county, whose offices are now, by law, required to be kept at the Court-house; that said removal is consummated, and that thenceforth their offices will be kept at said new county site. County officers to remove, when. 357. Sec. VII. 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 of commissioners. 358. Sec. VIII. That a majority of said commissioners shall have

Page 299

power to fill any vacancies that may occur on said board, from refusal to act, resignation, death, or otherwise. Vacancies in board. Sec. IX. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXXXIX.(O. No. 173.) An Act to make it a penal offense to cut or destroy beaver dams in the county of Webster on the water courses in said county, known as Muddy or Cody Creek. 359. Section I. Be it enacted by the General Assembly 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 and is hereby made a misdemeanor for any person, without the consent of the land owners, on the waters of Muddy or Cody Creek to cut or destroy beaver dams on the same. Beaver dams, misdemeanor to destroy, where. 360. Sec. II. That any person so violating the first section of this Act shall be guilty of a misdemeanor, and on conviction shall not be fined for said offense less than twenty-five dollars nor more than one hundred dollars. Penalty. Sec. III. Repeals conflicting laws. Approved February 21st, 1873. No. CCLXL.(O. No. 29.) An Act to amend an Act to create a Board of Commissioners of Roads and Revenue of the county of Webster, define their powers and duties, and for other purposes, approved August 23d, 1872. 361. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That section fifth of the above recited Act be amended so as to read the Clerk of the Superior Court shall act as clerk for said board of commissioners, and shall receive such compensation for his services as may be determined by a majority of said commissioners, not to exceed seventy-five dollars, to be paid by the treasurer of the county by order of said commissioners. Clerk who shall be. Compensation. 362. Sec. II. That when a vacancy occurs in said board the same shall be filled by the qualified voters of said county by the Ordinary of said county ordering an election, giving twenty days' notice of the time and place of said election. Vacancies, how filled. Sec. III. Repeals conflicting laws. Approved February 14th, 1873.

Page 300

No. CCLXLI.(O. No. 96.) An Act to amend an Act entitled an Act to establish a Board of Commissioners of Roads and Revenue in the counties of Habersham and Lowndes, to define their duties, and for other purposes therein named, approved December 11th, 1871, and to make the provisions of said Act and the Acts amendatory thereof applicable to the county of White. 363. Section I. The General Assembly of the State of Georgia, do enact , That the provisions of the above named Act shall apply and be of force in the county of White. White county, Act to apply to. 364. Sec. II. That Edwin P. Williams, John W. Meeks and Calvin H. Kytle, be and they are hereby appointed as a board of county commissioners for the county of White, and shall hold said office until the first January, 1874, at which time an election shall be held in and for the said county of White. Commissioners. 365. Sec. III. That at the regular election held under the provisions of this Act, said commissioners shall be elected for four years. Term of office. 366. Sec. IV. All the authority and power formerly exercised by the Justices of the Inferior Court, when sitting for county purposes, shall be exercised by the board of county commissioners. Powers of commissioners. Sec. V. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXLII.(O. No. 179.) An Act to amend an Act to prevent Camp Hunting in this State, so as to apply the same to the county of Wilcox. 367. Section I. 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, that all Acts which apply to any county or counties of this State for the prevention of camp hunting, and the penalties for the violation thereof, be and the same is hereby applied to the county of Wilcox in said State. Camp hunting, laws concerning to control Wilcox county. Sec. II. Repeals conflicting laws. Approved February 21st, 1873.

Page 301

No. CCLXLIII.(O. No. 254.) An Act to create a Board of Commissioners of Roads and Revenue in the county of Wilcox, to define the powers and duties thereof, and for other purposes. 368. Section I. 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 Wilcox 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, how elected and commissioned. 369. Sec. II. 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, how filled. 370. Sec. III. 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. 371. Sec. IV. That said board shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matters, to-wit: First. Governing and controlling all the property of the county as they may deem expedient, according to law. Second. 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. Third. In establishing, altering and abolishing all roads, bridges and ferries in conformity to law. Fourth. In establishing and changing election precincts and militia districts. Fifth. In examing, settling and allowing all claims against the county. Sixth. 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 bringing them to a settlement. Seventh. 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. Eighth. In regulating peddling and fixing cost thereof. Exclusive jurisdiction. 372. Sec. V. That said board of commissioners shall have the same power in appointing road commissioners and enforcing the road

Page 302

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, save and except such as pertains to county matters. 373. Sec. VI. That they shall hold two regular sessions annually: Provided, however , a majority of said board may convene the same in extra session whenever, in their judgment, it may be necessary. Said regular sessions to be held respectively upon the first Mondays in January and July. Regular sessions. 374. Sec. VII. 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, not to exceed one hundred dollars per annum. Clerk. 375. Sec. VIII. 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 of proceedings. 376. Sec. IX. That no compensation shall be allowed said board of commissioners. No compensation. 377. Sec. X. That in no case shall the Ordinary of said county be a member of said board of commissioners. Ordinary may not be member. Sec. XI. Repeals conflicting laws. Approved February 22d, 1872. No. CCLXLIV.(O. No. 169.) An Act to facilitate the rafting of Timber in Wilcox county . 378. Section I. 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, all persons, residents of the county of Wilcox, State of Georgia, shall have the privilege of rafting timber of any description upon the waters of the north and south prongs of House creek, in said county: Provided , that no resident of said county shall interfere with the dam across said creek now erected or may hereafter be erected upon the premises of R. V. Bowers, of said county, by the hoisting of gates for the retention of water without written or verbal permission of the owner thereof. Rafting timber, who may enjoy privilege of. 379. Sec. II. That said north or south prong of said creek shall not be obstructed by the felling of timber or otherwise, whereby rafts cannot have a speedy and safe passage; any person so violating the foregoing provisions shall be guilty of a misdemeanor, and on conviction shall be punished as is prescribed in section 4245 of Irwin's Revised Code. No obstruction of north or south prong. Sec. III. Repeals conflicting laws. Approved February 21st, 1873.

Page 303

No. CCLXLV.(O. No. 23.) An Act to create a Board of Commissioners of Roads and Revenue for the county of Wilkinson, and to define their powers . 380. Section I. 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, there shall be established in the county of Wilkinson a board of commissioners of roads and revenue, to consist of five persons, as follows: William A. Hall, Oliver H. P. Rawls, Augustus Pennington, John McArthur and Nathaniel C. Hughs, citizens of said county, whose term of office shall continue until the first Wednesday in January, eighteen hundred and seventy-five, and until their successors are elected and qualified as hereinafter provided. Commissioners of roads and revenue. Who are appointed. Term of office. 381. Sec. II. That the successors of the aforesaid commissioners shall be elected on the first Wednesday in January, eighteen hundred and seventy-five, and every second year thereafter, and shall hold their office for the term of two years, and until their successors are elected and qualified, and any vacancy occurring either in the board hereby created and appointed, or any subsequent board, shall be filled by the remaining commissioners, and the person chosen to fill such vacancy shall hold his office only for the unexpired term of such outgoing commissioner, and no person shall be eligible as a commissioner under this Act who has not been a resident citizen of said county at least one year next preceding his election. Successors to be elected, when. Vacancies, how filled. Who eligible. 382. Sec. III. That said board shall have exclusive jurisdiction, when sitting for county purposes, over all matters concerning county property, county taxes, general and special; in establishing and changing militia districts and election precincts; in examining, auditing and allowing all claims against the county; in examining, auditing and settling the accounts of all officers having the care, management, collection, keeping and disbursement of money belonging to the county or appropriated to its use and benefit; in making rules and regulations for the support of the poor of the county; in establishing, altering and abolishing roads, bridges and ferries; in the appointment of road commissioners and enforcement of the road laws; and to have and exercise exclusively all such jurisdiction in county matters as was held and exercised by the Inferior Court, sitting for county purposes, prior to the adoption of the Constitution of eighteen hundred and sixty-eight. Exclusive jurisdiction. County poor. Road commissioners. 383. Sec. IV. That said commissioners shall hold monthly meetings in said county on the first Tuesday in each month; a majority of such commissioners shall be necessary to constitute a quorum of said board, and the concurrence of such majority shall be necessary to pass any order or decree. Monthly meetings. Quorum. 384. Sec. V. That the treasurer of said county shall not pay out or disburse any of the funds in the county treasury, or pay any order

Page 304

unless the same shall have been first countersigned by a majority of said commissioners. County funds to be paid out, how. 385. Sec. VI. That said commissioners, before entering upon the duties of their office shall, in addition to the oath usually administered to all county officers, take and subscribe an oath, truly, faithfully and impartially to discharge their duties during their term of office as county commissioners, which said oaths shall be taken before the Clerk of the Superior Court and be by him entered on his minutes. Oath of commissioners. 386. Sec. VII. That said commissioners shall be authorized to elect a clerk to keep their minutes, which shall be kept in substantially bound books, provided at the expense of the county. Clerk to keep minutes, etc. 387. Sec. VIII. That said commissioners and their clerk shall receive annually for their services such compensation as the grand jury of said county shall at each Spring term of the Superior Court of said county recommend to be paid. Compensation. 388. Sec. IX. That said commissioners shall keep a written record of all their proceedings, and shall submit the same for inspection to each grand jury at its regular sittings. Written record of proceedings. Sec. X. Repeals conflicting laws. Approved February 13th, 1873.

Page 305

TITLE III. PRIVATE LAWS. No. Act. 296. Adams, W. A., widow of. 297. Anderson, Josiah J. 298. Atkinson, N. L. 299. Best, H. and Son. 300. Cessna, W. A. 301. Dekle, L. 302. Hardwick, W. D. 303. Hawkins, W. A. 304. Huff, L. W. 305. Maier, John. 306. Marsh, J. M., et al. 307. McNeil, James. No. Act. 308. Mitchell, B. H. 309. Montfort, T. W. 310. Morris, John. 311. Mulkey, J. T. 312. Oliver, G. W. 313. Ruckert, F. J. 314. Shivers, S. C. 315. Spiers, W. J. 316. Thornton, G. W. 317. Wade, J. A. 318. White, R. L. 319. Wilkins, L. No. CCLXLVI.(O. No. 122.) An Act to authorize the widow of William A. Adams, deceased, to collect the balance of the salary and costs due the said deceased as Solicitor General of the Tallapoosa Circuit, and to provide for the manner of paying said costs . 1. Section I. Be it enacted by the General Assembly of the State of Georgia , That Georgia Adams, widow of William A. Adams, deceased, be and she is hereby authorized to collect, receive and receipt for all moneys due said deceased, either as a salary or costs as solicitor general of the Tallapoosa Circuit of said State. Salary of W. A. Adams, deceased, his widow may collect. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCLXLVII.(O. No. 261.) An Act to authorize Josiah J. Anderson, of the county of Halersham, to peddle without license . Whereas, Josiah J. Anderson, of the county of Habersham, was maimed by the loss of an arm while in the service of the State, upon the Western and Atlantic Railroad, while said road was in the hands of the State. Preamble. 2. Section I. Be it enacted by the General Assembly of the State of Georgia , That the said Josiah J. Anderson be and he is authorized to peddle any where within the State any goods or articles of merchandize other than spirituous liquors. Josiah J. Anderson licensed to peddle. Sec. II. Repeals conflicting laws. Approved February 22d, 1873.

Page 306

No. CCLXLVIII.(O. No. 198.) An Act to authorize the Ordinary of Troup county to draw his warrant on the County Treasurer of said county of Troup, in favor of Nathan L. Atkinson, for one hundred and seventy-three dollars and seventeen cents . Whereas, The Inferior Court of the county of Troup, at its January session in the year 1866, did pass an order to pay Nathan L. Atkinson the sum of one hundred and seventy-three dollars and seventeen cents, for provisions furnished the widows of Confederate soldiers; and whereas, said account was not presented for payment until after said Inferior Court was abolished; and whereas, two successive grand juries of said county of Troup, have recommended the payment of said claim; and whereas, the Ordinary of said county of Troup has refused to pay the same, upon the ground that there was no law authorizing the payment of said claim; therefore, Preamble. 3. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Ordinary of said county of Troup be authorized to draw his warrant on the county treasurer of Troup county in favor of Nathan L. Atkinson for the sum of one hundred and seventy-three dollars and seventeen cents, with interest thereon at seven per cent. per annum, from the first day of January, eighteen hundred and sixty-six; that said sum may be paid out of any money in the hands of the county treasurer of Troup county, not otherwise appropriated. Nathan L. Atkinson, warrant in favor of. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CCLXLIX.(O. No. 118.) An Act for the relief of H. Best and Son, of Bartow county . Whereas, The Western and Atlantic Railroad did use of the wood of H. Best and Son, of Bartow county, ninety cords of wood, worth two dollars per cord; and whereas, a claim for the same was preferred before the auditing board of said railroad, to-wit: The Hon. Dawson A. Walker, Benjamin Conley and George Hillyer, but was never acted upon by said board; and whereas, the State has received the benefit of said wood, and the said H. Best and Son have never been paid for the same. Preamble. 4. Section. 1. Therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same , That the Governor be and he is hereby authorized to draw his warrant on the treasurer of this State for the sum of one hundred and eighty dollars in favor of H. Best and Son, of Bartow county, and

Page 307

that the said treasurer pay the same, and that a sufficient sum of money to pay said claim is hereby appropriated for that purpose. H. Best Son, relief of. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCC.(O. No. 85.) An Act to allow W. A. Cessna, of the county of Cobb, W. C. Queen, of the county of Habersham, and Samuel Bullock, of the county of Meriwether, in this State, to peddle without license . 5. Section I. 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, W. C. Cessna, of the county of Cobb, W. C. Queen, of the county of Habersham, and Samuel Bullock, of the county of Meriwether, of this State, shall have authority to peddle without license in this State: Provided , they shall not peddle intoxicating liquors. W. C. Cessna, W. C. Queen and S. Bullock, licensed to peddle. Sec. II. Repeals conflicting laws. Approved February 19th, 1873. No. CCCI.(O. No. 178.) An Act for the relief of L. Dekle, Tax Collector for Thomas county, for the years 1868 and 1869. 6. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Comptroller General be and he is hereby required to examine the account of L. Dekle, tax collector for Thomas county 1868 and 1869, and if upon showing made, there is a balance due said collector, then the Governor shall draw his warrant on the treasury in favor of said tax collector for said balance. L. Deckle, relief of. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CCCII.(O. No. 211.) An Act to allow Ulysses D. Hardwick, of the county of Fulton, to peddle goods, wares and merchandise in this State without license . 7. Section I. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, Ulysses D. Hardwick, a crippled and infirm man, of the county of Fulton,

Page 308

be and he is hereby permitted to peddle goods, wares and merchandise in this State without license: Provided , that this Act shall not be so construed as to include spirituous liquors. L. D. Hardick licensed to peddle. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CCCIII.(O. No. 59.) An Act to appropriate money to pay certain judgments owned by Willis A. Hawkins against the State of Georgia. Whereas, The Legislature, by Act of December 12th, 1862, expressly made the State liable for the necessary and proper expenses incurred in attendance upon small pox cases, and for payment thereof by the Governor on accounts audited by the Inferior Court; and whereas, the Legislature, on the 17th April, 1863, repealed the said Act, but provided that claims under said Act and for such services should be triable by a special jury in the Superior Court, it made it the duty of the Governor to pay said verdicts; and whereas, B. J. Head, a practicing physician in said State, did the medical services charged in the above mentioned case, and that Reid, Coffee and Shipp, as nurses, rendered the services therein mentioned, and that several suits were brought in Sumter and Lee Superior Courts and the above verdicts had, and the same now belong to Willis A. Hawkins; and further, that there is no fund provided by said law upon which the Governor could draw his warrant in payment of said verdicts and judgments. Preamble. 8. Section I. 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 Governor be authorized to draw his warrant for the sum of one thousand dollars in full satisfaction of said judgments and verdicts. Verdicts for attending small pox cases, Governor authorized to pay. Sec. II. Repeals conflicting laws. Approved February 18th, 1873. No. CCCIV.(O. No. 72.) An Act to relieve Leonidas W. Huff, of Wilkes county, Georgia. 9. Section I. Be it enacted by the General Assembly of the State of Georgia , That so much of the Act incorporating the town of Washington as extended the limits of said town so as to include the present residence of Leonidas W. Huff, formerly the residence of John D. Thompson, be and the same is hereby repealed. L. W. Huff, relief of. Approved February 19th, 1873.

Page 309

No. CCCV.(O. No. 41.) An Act to provide for the payment of John Maier for the Portrait of Howell Cobb. 10. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the Governor be and he is hereby authorized to draw his warrant on the treasurer in favor of John Maier for the balance due him, eight hundred dollars. Appropriation to John Maier. Sec. II. Repeals conflicting laws. Approved February 15th, 1873. No. CCCVI.(O. No. 7.) An Act to provide compensation for Isaac M. Marsh, Sigmund Elsinger, John McPherson Berrien, Isaac Russell and Moses M. Belisario, for services rendered in holding elections in the county of Chatham. Whereas, Isaac M. Marsh, Sigmund Elsinger, Isaac Russell, John McPherson Berrien and Moses M. Belisario, Justices of the Peace and Notaries Public, who are ex officio Justices of the Peace, have, for four consecutive years last past, acted as superintendents of the various elections for city, county, State and national officers held in the county of Chatham, and in counting out the votes cast at such elections; and whereas, no express provision of law can be found compelling the Ordinary of the county to compensate them for such services; and whereas, they have received no pay for their said services during the time aforesaid. Preamble. 11. Section I. Be it enacted by the Senate and House of Representatives of Georgia, in General Assembly convened, and it is hereby enacted by the authority of the same , That the said Isaac M. Marsh, Sigmund Elsinger, Isaac Russell, John McPherson Berrien and Moses M. Belisario, be and they are hereby declared entitled to compensation for such services for the time aforesaid. Justices of the Peace in Chatham county, etc. 12. Sec. II. That upon the proper proof being made by the said Isaac M. Marsh, John McPherson Berrien, Sigmund Elsinger, Isaac Russell and Moses M. Belisario, it shall be the duty of the Ordinary of Chatham county to draw his warrant upon the county treasurer of said county in favor of the said Isaac M. Marsh, John McPherson Berrien, Sigmund Elsinger, Isaac Russell and Moses M. Belisario, at the rate of five dollars each per diem , for such services so rendered in receiving and counting out the votes cast at such elections; and be it further enacted, that the affidavit of such parties presented

Page 310

to the said Ordinary shall be sufficient proof that such services have been rendered. Proof of services. Amount of compensation. Sec. III. Repeals conflicting laws. Approved February 5th, 1873. No. CCCVII.(O. No. 272.) An Act to authorize the payment of Insolvent Costs due James McNeil, former Clerk of the Superior Court of Chattahoochee county, and to require the Ordinary of said county to levy a special tax and have the same collected for said purpose. Whereas, James McNeil, former clerk of the Superior Court of Chattahoochee county, did, in the year 1868, receive into his hands the sum of ($200 00) two hundred dollars, the same being for fines and forfeitures, and through inadvertency did pay the same into the county treasury of said county; and whereas, there is now due to said James McNeil, as clerk of said Superior Court of said county, the sum of ($161 00) one hundred and sixty-one dollars, for insolvent criminal cost, his account therefor having been audited and ordered paid by the presiding Judge of said Court. James McNeil, payment of insolvent costs to. 13. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Ordinary of Chattahoochee county, if the same shall be recommended by the next grand jury of said county, be required to levy a special tax and have the same collected for the payment of said amount due James McNeil for his insolvent criminal costs. Amount to be raised, how. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CCCVIII.(O. No. 223.) An Act to allow Batty H. Mitchell, of the county of Coweta, to peddle without license. 14. 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 Batty H. Mitchell, of the county of Coweta, be and he is hereby authorized to peddle in the counties of Coweta, Meriwether, Heard, Carroll, Douglass and Campbell for three years from the first day of June, 1873, without license, provided he does not peddle on spirituous liquors, and provided the grand juries of the counties other than applicant's residence shall consent thereto. B. H. Mitchell licensed to peddle. Sec. II. Repeals conflicting laws. Approved February 21st, 1873.

Page 311

No. CCCIX.(O. No. 279.) An Act for the relief of Mrs. T. W. Montfort, widow of Theodore W. Montfort, a former Solicitor of this State . Whereas, Theodore W. Montfort, at the time of his death, on the 28th day of September, 1862, was the solicitor general of the Macon Circuit, in this State, and had not drawn any salary from the first day of February preceding. Preamble. 15. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of one hundred and fifty dollars are hereby appropriated to the widow of said Theodore W. Montfort, and the Governor is hereby authorized to draw a warrant on the treasury in her favor out of any money not otherwise appropriated, in satisfaction for eight months' salary due said Theodore W. Montfort, and never paid. Mrs. T. W. Montfort, relief of. Sec. II. Repeals conflicting laws. Approved February 22d, 1873. No. CCCX.(O. No. 18.) An Act for the relief of John Morris, Tax Collector of Habersham county, and his sureties for the years 1868 and 1869. 16. 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 charges on the books of the Comptroller General against John Morris, as tax collector of the county of Habersham for the years 1868 and 1869, and his sureties for said years, be and the same hereby are credited with the sum of seven hundred and eighty-three dollars and thirty-three cents, the difference between the allowed and the actual insolvent lists, paid out of the moneys of those two years for the two years next preceding. Tax collector of Habersham county, credit allowed to. 17. Sec. II. That the said John Morris and his said sureties, towit: Ezekiel Fuller, Martin Fuller, Drewry McMillion and James A. Loggins are hereby authorized and empowered to press to immediate collection all uncollected taxes due the State from said county for the years 1868 and 1869, as fully as the present tax collector may do; and they are allowed an indulgence of six months from the date of the passage of this Act, within which to settle with the Comptroller General. Collection of tax to be pressed. Sec. III. Repeals conflicting laws. Approved February 11th, 1873.

Page 312

No. CCCXI.(O. No. 171.) An Act to allow J. T. Mulkey, of the county of Habersham to peddle and offer for sale, without paying license, a medical preparation discovered by him, known as Antipyrotic or Fire Killer. 18. Section. I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That J. T. Mulkey, of the county of Habersham, be and he is hereby permitted to peddle and offer for sale, without any payment of license, a medicinal preparation discovered by him, known as Antipyrotic or fire killer, for the space of two years from the passage of this Act. J. T. Mulkey, license to peddle. Sec. II. Repeals conflicting laws. Approved February 21st, 1873. No. CCCXII.(O. No. 195.) An Act to relieve G. W. Oliver, of the county of Randolph, and his securities, from the payment of penalty imposed on him by order of Comptroller General for failure to pay promptly all taxes collected by him during his term of office as Tax Collector of said county. Whereas, A penalty of twenty per cent. for a failure to pay over to the State all taxes collected by G. W. Oliver, of the county of Randolph, at the time required by law; and whereas, the said G. W. Oliver is one of the best citizens of the county; and whereas, he is in depressed circumstances and a one-legged Confederate soldier; and whereas, his Excellency Governor James M. Smith, did issue an order suspending the collection of said penalty until the said Oliver could have a hearing before this General Assembly; and whereas, the said G. W. Oliver has paid all moneys collected by him to the State, and is, therefore, not indebted to the State, except on account of the order issued by the Comptroller General for failure to pay on the day or time required by law; therefore, Preamble. 19. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid , That the said G. W. Oliver and his securities be and are hereby relieved from said penalty, it being twenty per cent. on amount which he failed to pay at the time required by law, but which he soon did thereafter pay. G. W. Oliver et al., relief of. Sec. II. Repeals conflicting laws. Approved February 21st, 1873.

Page 313

No. CCCXIII.(O. No. 84.) An Act for the relief of Francis Joseph Ruckert from liability upon the criminal bond of William McEwan. Whereas, Upon the 6th day of November, 1865, Francis Joseph Ruckert became surety upon the penal bond of William McEwan, which bond was conditioned for the appearance of said William McEwan at the Superior Court of the county of McIntosh, to answer to a charge of larceny from the house, the penalty of said bond being the sum of $2,500, for which amount said Francis Joseph Ruckert assumed liability; and whereas, at the March term, 1867, of said Court, said Francis Joseph Ruckert produced for trial the body of said William McEwan, when, upon trial being had, the jury could not agree and a mistrial was declared; and whereas, said William McEwan has since fled from the State of Georgia to avoid arrest under the Enforcement Act in the Federal Court; and whereas, said Francis Joseph Ruckert has used proper diligence for the purpose of effecting the arrest of said McEwan, and again producing him for trial, having at great expense dispatched an officer to the city of Chicago and there causing his arrest; whereupon the said McEwan applied for and obtained the issue of a writ of habeas corpus , under which he was discharged from arrest, notwithstanding that the said Francis Joseph Ruckert, at large expense, resisted such discharge from arrest. Now, therefore, Preamble. 20. Section I. 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 said Francis Joseph Ruckert be and he is hereby discharged and released from all liability upon said bond of William McEwan. F. J. Ruckert, relief of. Sec. II. Repeals conflicting laws. Approved February 19th, 1873. No. CCCXIV.(O. No. 19.) An Act for the relief of the securities of S. C. Shivers, Tax Collector of the county of Hancock for the year 1870. 21. Section I. Be it enacted by the General Assembly of the State of Georgia , That the Comptroller General be and is hereby instructed to enter a credit of two hundred and sixteen dollars on an execution issued by him in favor of the State of Georgia vs . S. C. Shivers, tax collector of Hancock county for the year 1870, as principal, and W. H. Brantly, S. J. Lawrence, C. F. Shivers and James J. Lawrence, securities on the bond of said collector, said sum being the value of three bales of cotton levied on by the sheriff of Hancock county, by virtue of said fi. fa . as the property of said tax collector, and destroyed by fire while in the possession of said sheriff. Tax Collector of Hancock, credit allowed to.

Page 314

22. Sec. II. That the Comptroller General stay said tax execution as to James J. Lawrence, one of said securities, provided said Lawrence shall pay into the treasury of this State one-half of his indebtedness as security of said Shivers on the first day of January, 1874, and the other half of his said indebtedness on the first day of January, 1875, with interest at seven per cent. from the passage of this Act. Execution to be stayed. 23. Sec. III. Provided , that nothing in this Act shall be so construed as to relieve the principal or securities, or any of them, from the payment of the balance due on said fi. fa. Proviso. Sec. IV. Repeals conflicting laws. Approved February 13th, 1873. No. CCCXV.(O. No. 57.) An Act for the relief of W. J. Speairs, of Fulton county . 24. Section I. Be it enacted by the General Assembly of the State of Georgia , That the sum of three hundred dollars be and the same is hereby appropriated to pay W. J. Speairs for services rendered to the State of Georgia as a clerk under the supervision of C. C. Hammock, C. L. Redwine and E. E. Rawson, a committee appointed to take charge of the books of the Western and Atlantic Railroad in the year 1871, and for services rendered in making up the statement of the freight business of the Western and Atlantic Railroad for the month of December, 1870, and that his Excellency the Governor be and he is hereby authorized to draw his warrant upon the treasurer in favor of said W. J. Speairs for said sum of three hundred dollars, to be paid out of any money not otherwise specially appropriated. W. J. Speairs, appropriation to, for services as clerk. Sec. II. Repeals conflicting laws. Approved February 18th, 1873. No. CCCXVI.(O. No. 238.) An Act to relieve the securities upon the bond of George W. Thornton, Tax Collector of Pierce county, and for other purposes therein specified. 25. Section I. Be it enacted by the General Assembly of the State of Georgia , That Thomas J. Darling, John Mooty, William Thornton and John Donaldson, securities upon the bond of George W. Thornton, defaulting tax collector of Pierce county, be and they are hereby relieved from the twenty per cent. penalty imposed by law upon the amount in default. G. W. Thornton, securities relieved. Sec. II. Repeals conflicting laws. Approved February 22d, 1873.

Page 315

No. CCCXVII.(O. No. 95.) An Act for the relief of J. A. Wade, lately Tax Collector of Bryan county, and the sureties upon his official bond. Whereas, The whole of the taxes of the State assessed in the county of Bryan for the year 1870, including the poll taxes, stand charged against the said J. A. Wade upon the books of the Comptroller General; and whereas, the Legislature, during the year 1870, passed a resolution prohibiting the collection of the poll taxes of that year, which said resolution was not reseinded until after the said J. A. Wade had gone out of office; and whereas, in consequence of this resolution the said tax collector was prevented from collecting a large amount of the said poll tax which still stands charged against him, and for which an execution has been issued against him and his securities by the Comptroller General; and whereas, the said J. A. Wade has accounted for all taxes collected save the said poll tax, which was uncollected as aforesaid. Preamble. 26. Section I. Be it therefore enacted by the General Assembly , That the Comptroller General is hereby authorized and required to examine and pass upon the proof to be submitted by the said J. A. Wade, of the amount of the poll tax of Bryan county for the year eighteen hundred and seventy was collected by the said J. A. Wade, and to give credit upon his account for such amount as he may find was not collected by him, and to adjust his accounts; and nothing in this Act shall relieve any subsequent tax collector of Bryan county from liability for any of the said poll tax collected by him. J. A. Wade, relief of. Sec. II. Repeals conflicting laws. Approved February 20th, 1873. No. CCCXVIII.(O. No. 48.) An Act to authorize R. L. White to peddle without a license. Whereas, R. L. White is in feeble health from disease contracted during the late war, is in destitute circumstances and has a large and dependent family. Preamble. 27. Section I. Be it enacted by the General Assembly of the State of Georgia , That R. L. White, of the county of Lumpkin, is authorized to peddle on goods and wares in the county of Lumpkin, without taking out license: Provided , nothing herein contained shall extend the right to sell or peddle intoxcating liquors. R. L. White may peddle without license. Sec. II. Repeals conflicting laws. Approved February 15th, 1873.

Page 316

No. CCCXIX.(O. No. 201.) An Act to authorize John H. Wilkins, an aged and infirm man, to peddle without license in the counties of Lowndes, Berrien, Echols, Coffee, Clinch and Ware. Whereas, John H. Wilkins, of the county of Lowndes, is unable to labor by reason of age and infirmity, and has to provide for the support of two families of his widowed daughters, whose husbands were killed in the late war; therefore, Preamble. 28. Section I. Be it enacted by the General Assembly of the State of Georgia , That John H. Wilkins, of the county of Lowndes, be and he is hereby authorized to peddle without license in the counties of Lowndes, Berrien, Echols, Clinch, Coffee and Ware. J. H. Wilkins, license to to peddle. Sec. II. Repeals conflicting laws. Approved February 21st, 1873.

Page 317

RESOLUTIONS. No. 1. Advance to State Printer. 2. Agricultural Land Scrip. 3. Attorney General to buy Property for State, etc. 4. Change Bills of Western and Atlantic Railrord. 5. Cobb's Analysis and Forms. 6. Comptroller General, perquisites. 7. Committee on Foster Blodgett's Indebtedness. 8. Foster Blodgett's Indebtedness. No. 9. Georgia and South Carolina Boundary Line. 10. Gubernatorial Vote, counting of. 11. Harrison Westmoreland and B. Olive. 12. Land Grants. 13. Memorial of Rev. J. O. A. Clark, et al. 14. Parrott, J. R., fi. fa. against. 15. Public Laws, Pamphlet of. 16. United States Property. (No. 1.) A Resolution authorizing an Advance to the State Printer. Resolved , That his Excellency the Governor, be and 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 to be finished by him at an early day. Advance to State Printer. Approved February 22d, 1873. (No. 2.) Whereas, By a resolution of the General Assembly, approved July 25th, 1872, the Governor was authorized to receive from the purchaser of the agricultural land scrip, donated to the State of Georgia under an Act of Congress, the amount due for the purchase of the same at a discount of seven per cent. per annum, and to surrender the said scrip, or any part thereof that may be paid for; and whereas, the purchase money of said scrip has been received and paid into the State treasury, and now constitutes a part of the general fund of the State; and whereas, said fund arising from the sale of said agricultural land scrip is a special fund, donated for special purposes, and should not be placed with the general fund of the State or constitute a part thereof. Preamble. Resolved, by the Senate and House of Representatives , That the money arising from the sale of the agricultural land scrip, donated to the State of Georgia by Congress, does not constitute a part of the general fund of the State, and is a fund subject to be invested

Page 318

and disbursed as provided in an Act of the General Assembly, approved December 12th, 1866, entitled an Act to provide a College for the benefit of Agriculture and the Mechanic Arts in the State of Georgia. Agricultural land scrip, how to be invested and disbursed. Approved February 21st, 1873. (No. 3.) Resolved , That his Excellency the Governor, be and is hereby authorized to direct the Attorney General, or other counsel representing the State in any cases where the State has obtained judgment in suits pending in any Court, to bid, on behalf the State, for any property levied on and brought to sale under such judgment, so as to prevent the property so brought to sale from being sacrificed: Provided , that such bid does not in any case exceed the amount due the State in the case; the amount of the bid, of the property thus knocked off to the State, to be credited on the fi. fas. , and title to be made to the State, as in other cases; possession to be delivered to the Governor or his order. The rents. issues and profits accruing to be paid into the treasury, and the facts reported to the General Assembly. Attorney General may buy in property for the State, when. Approved February 4th, 1873. (No. 4.) Whereas, The General Assembly, at the July session for the year 1872, passed an Act authorizing his Excellency the Governor, to compromise and settle certain change bills issued by the Western and Atlantic Railroad; and whereas, it is impossible for his Excellency the Governor, to attend to his official duties and investigate the subject, and examine the said bills so as to protect the interest of the State, and prevent the payment of such bills as are said to have been redeemed and fraudulently put in circulation again, and at the same time to do justice to those who hold said bills fairly and honestly: Therefore, Preamble. Be it resolved by the Senate and House of Representatives , That his Excellency the Governor, be and he is hereby authorized to appoint an auditor to examine said bills and ascertain which bills are fairly and honestly held, and are still due and unpaid and which (if any) are fraudulently held, and to audit such as may be found to be due, and to make a full report to his Excellency the Governor, of his actings and doings in reference to said bills: and Change bills, Governor to appoint auditor for, etc. Be it further resolved , That so soon as said claims shall be audited by the auditor, who shall be appointed as aforesaid, the Governor

Page 319

shall be authorized to settle and pay said bills, as is provided for in said Act, approved on the..... day of....., 1872. Approved February 22d, 1873. (No. 5.) Whereas, There are 525 copies of the law book, known as Cobb's Analysis and Forms, in the State Library Preamble. Resolved, by the Senate and House of Representatives , That his Excellency the Governor, be requested to have five hundred copies of the said books distributed among the judicial officers of this State, and by the Ordinary be distributed among such officers as do not have them. Cobb's analysis and forms. Approved February 20th, 1873. (No. 6.) Resolved , That the compensation allowed by section 99 of the Code of this State, to the Comptroller General for collecting taxes of the former year, is held and deemed to be a perqusite of the office, and not a salary within the meaning of Article IV., section 2, paragraph 8, of the Constitution; and any person elected and hereafter accepting said office shall be deemed to hold said office, upon the condition that the General Assembly reserves the right to alter or modify said compensation, as the public interest may from time to time require. Comptroller General, perquisites of office of. Approved January 15th, 1873. (No. 7.) Whereas, The Honorable Madison Bell, late Comptroller General, in the discharge of his official duties, issued and caused to be placed in the hands of the sheriff of Fulton county, for collection, two fi. fas. , as follows: Preamble. One against Foster Blodgett and securities, upon his official bond as superintendent of the Western and Atlantic Railroad, for the sum of twenty thousand dollars, besides interest; the other against the said Foster Blodgett and securities upon his official bond as treasurer of the Western and Atlantic Railroad, for the sum of twenty-five thousand five hundred and nineteen dollars and forty-four cents, principal, besides interest; and whereas, Lewis Schofield, one of the securities on the said superintendent's bond, and Martin J. Hinton, upon said treasurer's bond, have filed their sworn statements,

Page 320

denying in effect that the amounts claimed in said fi. fas. are due from the said Foster Blodgett to the State of Georgia, under his said bonds, and have petitioned the suspension of the future execution of the process against them, until an opportunity shall be offered them for the investigation of said facts; and whereas, it appears from the sworn statements of said Lewis Schofield, and said Martin J. Hinton that they have not been heard upon the statement of facts aforesaid: Therefore, Resolved, by the Senate and House of Representatives , That a committee of two from the Senate, and three from the House, be appointed by the respective presiding officers thereof, for the purpose of investigating the facts, as to said indebtedness as aforesaid, and reporting the result thereof to the session of the General Assembly. Alleged indebtedness of Foster Blodgett to the State, committee to investigate. Resolved , That said committee shall have power to administer oaths, and to send for persons, books and papers. Powers of committee. Approved January 29th, 1873. (No. 8.) Whereas, The joint committee to whom was referred the matter of indebtedness to the State, by Foster Blodgett and his securities, and J. E. Parrott and his securities, find that they cannot investigate and report upon the same during the present session of the General Assembly: Therefore be it Preamble. Resolved , That said committee be allowed to report to the next session of this Legislature on the question of said indebtedness of J. E. Parrott, and Foster Blodgett and their securities to the State of Georgia. Committee on indebtedness of Foster Blodgett et al. Approved February 18th, 1873. (No. 9.) A Resolution to require the Governor to communicate with the proper authorities of the State of South Carolina with a view to a readjustment of the boundary line between the State of Georgia and South Carolina, and authorize the appointment of three commissioners. Whereas, The action had by the commissioners of the conference between the States of South Carolina and Georgia, on the 24th day of April, A. D., 1787, in the town of Beaufort, in the State of South Carolina, is for many reasons unsatisfactory; prominent among which may be mentioned the ambiguity of the first Article; and whereas, the citizens of South Carolina have no right of fishing in

Page 321

the Savannah river, or using, or drawing off the waters of said river for the purpose of navigation or manufacturing; and whereas, the State of Georgia claims the right to that portion of land lying between the Seneca and Keowee and Tugalo and Chattooga rivers, which right is being denied by the State of South Carolina: Therefore, Preamble. Resolved, by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Governor be and he is hereby required to communicate with the proper authorities of the State of South Carolina, with a view to a readjustment of the boundary line between the States of Georgia and South Carolina, and that whenever the Governor of the State of South Carolina shall have indicated to him his willingness for a readjustment, that he be and is hereby further authorized and required to appoint three commissioners on the part of this State to effect said readjustment, and said commissioners shall be paid the same per diem and mileage as members of the General Assembly; and the Treasurer of the State is hereby authorized to pay the same out of any funds in the treasury not otherwise appropriated. Boundary between Georgia and South Carolina. Be it further resolved , That said commissioners shall have power to arrange and finally determine the line between said States, and their action in the matter shall be binding upon the State of Georgia. Approved February 21st, 1873. (No. 10.) Resolved , That the Senate and House of Representatives will convene in the Representative Hall this, the 9th day of January, 1873, at 3 o'clock P. M., for the purpose of opening, consolidating and publishing the returns of the gubernatorial vote. Consolidation of vote for Governor. Approved January 9th, 1873. (No. 11.) A Resolution requesting his Excellency the Governor, to extend Executive clemency to Dr. Harrison Westmoreland and to Bradford Olive, of Richmond county. Resolved , That, being moved with sympathy for the misfortunes of a fellow being, we suggest to his Excellency the Governor, to consider the propriety of extending Executive clemency to Harrison Westmoreland, a convict under the control of Grant, Alexander and Company. H. Westmoreland and B. Olive. Resolved, further , That we recommend that his Excellency the Governor, extend the same clemency to Bradford W. Olive, of Richmond county. Approved February 21st, 1873.

Page 322

(No. 12.) Whereas, The General Assembly of the State of Georgia did pass a joint resolution, which was approved by his Excellency the Governor, on the 31st day of July, 1872, prohibiting the Governor from signing any land grants until the evil now existing in the manner of issuing of land grants could be suppressed; and whereas, it was ascertained by a joint committee, appointed to investigate and report upon the land grants heretofore issued, that the Governor had signed, in one day, sixty-three land grants, and that upwards of one hundred other land grants were deposited with the Governor, awaiting his signature: Therefore, be it Preamble. Resolved by the Senate, the House concurring , That a committee of one from the Senate, and two from the House, be appointed to wait upon his Excellency the Governor, and receive from him all land grants issued by D. G. Cotting, late Secretary of State, which have not been signed by the Governor, said committee being required to make a list, giving full details of said land grants, and report to this General Assembly, at an early day, the propriety of destroying the same by burning. Land grants issued by D. G. Cotting, late Secretary of State, Governor requested to furnish. Approved January 29th, 1873. (No. 13.) Resolved , That the Governor be requested to appoint a commission of twenty-one persons, representing, as near as practicable, the various educational interests of the State, and to meet at such time and place as the Governor shall designate, said commission to serve without pecuniary compensation from the State, to take into consideration all the matters referred to in the memorial of Rev. J. O. A. Clarke and others, and to report to the next session of the General Assembly the result of their conclusions. Memorial of Rev. J. O. A. Clarke et al., commission to consider and report upon. Approved February 15th, 1873. (No. 14.) Whereas, A joint committee of the last Legislature, appointed to investigate the affairs of the Western and Atlantic Railroad during the administration of Governor Bullock, found J. E. Parrott, agent at Calhoun, a defaulter on the books of said road; and whereas, the Comptroller General is about to issue execution against the said Parrott and his securities for the amount the committee found him in default; and whereas, the said Parrott and his securities have had no opportunity to show whether said sum is due or not; and whereas,

Page 323

the said Parrott and his securities claim that he is not, in fact, a defaulter, and only asks a chance to show the same: Therefore, be it Preamble. Resolved , That the joint committee, to whom has been referred the indebtedness of Foster Blodgett, be and they are hereby directed to investigate the matter referred to above fully, and report the facts back to this General Assembly, during its present session. Alleged default of J. E. Parrott, committee to investigate and report. Resolved, further , That, during the pending of said investigation, the Governor be and he is hereby requested to suspend proceedings against the said Parrott and his securities. Approved February 1st, 1873. (No. 15.) Resolved , That the General Assembly of the State of Georgia hereby authorize M. A. Hardin to publish a pamphlet of the general laws and resolutions passed at the present session, at his own expense, within ten days after the adjournment of the session. Approved February 19th, 1873. (No. 16.) Whereas, The Congress of the United States has passed an Act appropriating a large sum of money for the erection of a public building in the city of Atlanta for a post office, Court room and custom house, upon condition that the same shall be exempt from taxes, as all other public buildings for Courts and governmental purposes are: Therefore, Preamble. Resolved , That the State of Georgia hereby gives her assent to the acquisition of the ground by the United States, necessary for that purpose and the erection of said buildings thereon, upon the conditions aforesaid, and hereby pledges the faith of the State for the exemption of said property from all State, county and municipal taxes, so long as used by the United States for government purposes. United States Building exempt from taxation. Approved February 13th, 1873.

Page 325

INDEX TO PUBLIC LAWS. A. ACCESSORIES Trial of 28 ACCOUNTS Books of 22 ADMINISTRATORS Advertisement of sale by 30 AGRICULTURAL PRODUCTS Exemption from certain tax 67 Statistics of to be published 5 APOTHECARIES Exemption from jury duty 31 APPORTIONMENT Of Representatives 7 APPROPRIATION Act for 1873 8 APPROPRIATIONS By resolution 14 ARMS Distribution of 70 ASYLUM For lunatics 59 ATLANTA CIRCUIT Time of holding Courts of 53 ATTACHMENT Additional grounds for 29 Law of amended 29 Law of extended 29 ATTORNEY GENERAL Duties of 31 ATTORNEYS Liens in favor of 42 B. BANKS Usury law amended as to 52 BOARD OF PHYSICIANS To meet where 19 BONDS In attachment cases 29 Of county officers 16 Of railroad companies 17 Past due, payment of interest on 16 Property of State, disposition of 15

Page 326

C. CALHOUN COUNTY Time of holding Superior Court 53 CHATHAM COUNTY Time of holding Superior Court 53 CLAIMS Act to regulate 42 CODE Section 99 amended 21 Section 850 amended 20 Section 1417 amended 19 Section 1418 amended 23 Section 1840 amended 19 Section 1918 amended 24 Section 3485 amended 19 Section 2031 amended 22 Section 3389 amended 21 Section 3788 amended 25 Section 4348 amended 22 Section 4428 amended 20 Section 4432 amended 23 Section 4522 amended 23 Section 3250 extended 42 Section 2981 re-enacted 24 Section 1569, laws conflicting with repealed 21 COMMISSIONERS May be tried for malpractice 23 COMPTROLLER GENERAL Fees for collecting tax 21 Shall furnish certain blanks 5 CONSTITUTION Section 2, Article 2, Act to amend 25 Act to carry into effect 2d clause, 13th section, 5th Art. amended 41 COSTS Justices to docket 32 COUNTIES Lien of for taxes 42 COUNTY COURT Act amended 35 Judge compensation for 33 COUNTY OFFICERS Bonds ofhow given 16 CRIMINAL CASES Attendance of witnesses in 31 New trials in 47 To speed trials of 33 D. DEBT Act to provide payment of 60

Page 327

DEBTORS May be attached when 29 Eastern Judicial Circuit, limits of 58 E. ELECTION RETURNS Printed forms for 26 EVIDENCE Extracts of certain books admissible 35 Law for taking interrogatories amended 40 EXECUTIONS Against deceased defendants 21 EXECUTORS Sales by, how advertised 30 F. FARM PRODUCTS Statistics of 5 FEES In possessory warrant cases 34 G. GAMING In retail liquor shops 37 GARNISHEES Expenses of 38 How served when not a resident of county 38 How compelled to deliver money 37 Shall answer when 19 Time of answering in Justice Courts 47 GARNISHMENT Law of amended 37 Law of amended 38 When garnishees shall answer 19 GOVERNOR May buy property in certain cases 49 GUARDIANS Publications of applications for discharge 19 Sales by, how advertised 30 H. HUNTING Penalty for on the Sabbath day 39 I. IMMIGRANTS Act making it penal to leave employers, repealed 37 Penalty for leaving employers removed 34 INCORPORATED COMPANIES Extracts from books of 35 INTEREST Law relating to 52

Page 328

On past due bonds 16 INTERROGATORIES Law for taking amended 40 IRON FURNACES, ETC Exemption from taxation 67 J. JUDGE COUNTY COURT Compensation of 33 May be tried for malpractice 23 JUDICIARY Accessories, trial of 28 Attachment, bonds in cases of 29 Attachment, additional grounds for 29 Administrators, etc, adversements of sales 30 Apothecaries, exempt from jury duty when 31 Attorney-General, duties defined 31 Criminal cases, to speed trial of 33 Claims, law of regulated 42 Costs, justices to docket 32 County Court, Act creating amended 35 County Judges, pay of 33 Eastern Judicial Circuit, limits of 58 Gaming, Act to prevent in retail liquor house amended 37 Garnishees, expenses of 38 Garnishees, how compelled to deliver money 37 Garnishees, how served in certain cases 38 Grand juries, special presentments by 51 Hunting on Sabbath day prohibited 39 Immigrants, penalty for leaving employers, removed 34 Incorporated companies, extracts from books of 35 Interrogatories, law for taking amended 40 Jury boxes, when destroyed how revised 41 Jurors, drawing, etc 41 Justices of the Peace, certain fees of 34 Justices of the Peace, to furnish lists of tax payers 39 Justice Courts, practice in 47 Liens, law of 42 New trials, in criminal cases 47 Perishable property, sale of 48 Property, sale of by State 49 Sheriffs, may administer 51 State Road, money stolen from 50 Stewart county transferred to Chattahoochee Circuit 53 Superior Courts of Atlanta Circuit 53 of Calhoun county 53 of Chatham county 53 of McDuffie county 54 of McIntosh county 55 of Meriwether county 55

Page 329

of Muscogee county 55 of Southern Circuit 56 of Wilcox county 57 Towns and villages, manner of incorporating 58 Usury law amended as to banks 52 Usury laws repealed 52 Witnesses, attendance of in criminal cases 31 JURIESGRAND Special presentments by 51 JURORS Law for drawing amended 41 JURY BOXES AND LISTS When lost 41 JURY DUTIES Apothecaries exempt from 31 JUSTICES' COURTS Practice in 47 JUSTICES OF THE PEACE To indorse names of witnesses on warrants 31 Fees of 34 To furnish list of tax payers 39 To docket their cost 32 L. LABORERS AND MECHANICS Lien in favor of 42 LANDLORDS AND INNKEEPERS Lien in favor of 42 LARCENY FROM THE HOUSE Code amended as to 22 LIENS Of the State, counties and corporations for taxes 42 Of judgment creditors and mortgages 42 Of laborers, mechanics and contractors 42 Of landlords and inkeepers 42 Of merchants, factors and others 42 Of material-men, machinists and manufacturers 42 Of creditors of steamboats 42 Of proprietors of saw mills 42 Of proprietors of planning mills 42 Of boarding house keepers 42 Of carriers and livery stable keepers 42 Of pawnees, depositaries and bailees 42 Of attorneys, acceptors and factors 42 LIVE STOCK Transportation of on Sunday 63 LUMBER Inspection of 21 LUNATIC ASYLUM 58

Page 330

M. MALPRACTICE Who may be tried for 23 McDUFFIE COUNTY Time of holding Superior Court 54 McINTOSH COUNTY Time of holding Superior Court 55 MEDICINE License to practice may be revoked when 23 MERCHANTS Liens in favor of 42 MERIWETHER COUNTY Time of holding Superior Court 55 MILLEDGEVILLE Board of Physicians to meet at 19 MINORS May not play cards, when 38 MONEY Appropriation of by resolution 14 Stolen from State, how recovered 50 MUSCOGEE COUNTY Time of holding Superior Court of 55 Panel of grand jurors for 56 MUNICIPAL CORPORATIONS Liens for taxes 42 May not tax what 67 N. NEW TRIALS In criminal cases 47 O. OATHS Sheriffs may administer oaths, when 51 OPEN ACCOUNTS 22 ORDINARIES May be tried for malpractice 23 P. PARTNERSHIPS Publication of terms of 24 PEOPLE Protection of on account of indorsement of railroad bonds 17 PHYSICIANS Board of to meet, where 19 Board of may revoke licenses 23 POSSESSORY WARRANT CASES Fees of Justices 34 PRACTICE In Justices' Courts 47

Page 331

PROPERTY Bought by State to prevent sacrifice of 49 Perishable, who may order sold 48 Stolen from State road, how recovered 50 PUBLIC DEBT Payment of 60 PUBLIC SCHOOLS Support of 62 PUBLICATION Of terms of partnership 24 R. RAILROAD COMPANIES Endowment of bonds of 17 Injury to employees 24 May transport live stock on Sundays 63 Non-resident, liability for taxes 63 RAILROAD RIGHT OF WAY Telegraph lines on 69 REPRESENTATIVES Apportionment of 7 RESOLUTION Appropriation of money by 14 RESOURCES OF GEORGIA Annual publication of 5 S. SABBATH DAY Penalty for hunting on 39 SALARIES Of Governor, Judges, etc. 8 SALES By executors, etc. 30 SALES OF PERISHABLE PROPERTY 48 SCHOOLS Support of 62 SECRETARY OF STATE To furnish printed blanks, etc. 26 SERVANTS Penalty for hiring in certain cases 20 SHERIFFS May administer oaths, when 51 SOUTHERN CIRCUIT Time of holding Superior Courts of 56 SPECIAL PRESENTMENTS By grand juries 51 STATE Lien of for taxes 42 STATE GOVERNMENT Tax for support of 64

Page 332

STATISTICS Of agricultural products 5 STEWART COUNTY Transferred to Chattahooche Circuit 57 STOCK What will justify killing 23 SUBP[UNK]NAS May be served, when 25 T. TAX Fees of Comptroller General for collecting 21 Iron furnaces, etc., exempt from 67 Levy of to support government 64 Municipal corporations may not impose on, what 67 On non-resident railroad companies 63 On wild land 68 TAX DEFAULTERS Relief of 20 TAX PAYERS List of 39 TELEGRAPH COMPANIES Lines of on railroad right of way 69 TOWNS AND VILLAGES To amend manner of incorporating 58 TREASURER To destroy bonds, when 15 TRIALS To speed, in criminal cases 33 TRUSTEES Sales by 30 U. USURY LAWS Amended as to banks 52 Repealed 52 V. VILLAGES AND TOWNS To amend manner of incorporating 58 VOTERS Residence of 25 VOLUNTEER COMPANIES Distribution of arms to 70 W. WARRANTPOSSESSORY Fees for trying 34 WESTERN AND ATLANTIC RAILROAD Money stolen from, how recovered 50

Page 333

WILCOX COUNTY Time of holding Superior Court 57 Adjournment of Superior Court legalized 57 WILD LANDS Payment of tax on 68 WITNESSES Attendance in criminal cases 31 May be subp[UNK]naed, when 25

Page 334

INDEX TO LOCAL AND PRIVATE LAWS. A. ACKWORTH Charter amended 108 ADAMS, W. A. Widow of 305 ALBANY, MOBILE NEW ORLEANS RAILROAD COMPANY 193 AMERICUS Bank of 76 Board of Education 109 Charter amended 110 ANDERSON, JOSIAH A. License to Peddle 305 APPLING COUNTY Public Buildings 216 ARKWRIGHT MANUFACTURING COMPANY 161 ARTIFICIAL STONE COMPANY OF COLUMBUS 191 ATHENS Bank of the University 76 Car Manufacturing Company 164 ATHENS EATONTON RAILROAD COMPANY 193 ATKINSON, N. L. Warrant in favor of 305 ATLANTA Charter amended 118 City Court of 119 Oil, Fertilizer, Mineral and Paint Manufacturing Company 165 Savings Bank of 73 ATLANTIC PAPER COMPANY 167 AUGUSTA Charter amended 120 City Court 121 Limits of 121 Manufacturers' Bank of 102 Recorder 121 Judicial Circuit Insolvent Cost 225 AUGUSTA LOUISVILLE RAILROAD COMPANY 194 B. BAINBRIDGE Bonds 122 BANKS Atlanta Savings Bank of Georgia and Gainesville Savings Bank 73 Bank of Americus 76 Bank of the University of Athens 76 Brunswick Banking Company 80 Brunswick Loan and Savings Bank 82

Page 335

Brunswick Loan and Savings Bank 85 Central Railroad and Banking Company 88 Cherokee Banking and Trust Company of Georgia 89 Darien Banking Company 91 Eatonton Bank 92 Farmers' Mutual Loan and Banking Company of Covington 93 Geneva Savings Bank 95 Georgia Railroad and Banking Company 97 Georgia Savings Banking Company and Citizens' Loan and Trust Company of Georgia 97 Macon Bank and Trust Company 99 Manufacturers' Bank of Augusta 102 Merchants and Mechanics' Bank of Columbus 103 Planters' Loan and Savings Bank 103 Real Estate Savings Bank of Stone Mountain 104 BANKS COUNTY Commissioners of Roads 216 Middle River 218 BARNARD AND ANDERSON STREET RAILROAD COMPANY 195 BARTOW COUNTY County Treasurer 218 BARTOW IRON COMPANY 168 BARTOW IRON WORKS 169 BEAR CREEK Charter amended 123 BERRIEN COUNTY Commissioners of Roads 248 BERRIEN AND LOWNDES COUNTIES Line between 273 BEST, II. SON Relief of 306 BIBB COUNTY Board of Education 218 Commissioners 219 Road Laws 221 BRUNSWICK BANKING COMPANY 80 BRUNSWICK LOAN AND SAVINGS BANK 82 BRUNSWICK LOAN AND SAVINGS BANK 85 BRUNSWICK Oysters 156 BRYAN COUNTY Clerk and Sheriff 222 Deer, Turkeys, etc. 235 Public Road Commissioners 223 BRYERS' MANUFACTURING COMPANY 171 BULLOCH COUNTY Commissioners of Roads 225 BULLOCK, SAMUEL License to peddle 307 BURKE COUNTY Commissioners of Roads 226 County Debt 227 Insolvent Cost 225

Page 336

Outstanding Bonds 228 Sale of Liquor 271 Treasurer 228 BUTLER Subscription to Johnson's Institute 123 BUTTS COUNTY Bonds 229 Commissioners of Roads 289 School tax 229 BYERS MANUFACTURING COMPANY 170 C. CALHOUN COUNTY Commissioners of Roads 230 Issue of Bonds 231 CAMDEN COUNTY Bonds of County Officers 280 Commissioners of Roads 231 CANAL COMPANIES Great Western Canal Company 105 Ringgold Canal and Manufacturing Company 106 CARROLL COUNTY Criminal Court 240 CARROLL AND HARALSON COUNTIES Line between 232 CARTERSVILLE Water Works 124 CATOOSA SPRINGS RAILROAD COMPANY 195 CEDAR TOWN Charter amended 126 CENTRAL RAILROAD AND BANKING COMPANY 88 CESSNA, W. A. License to Peddle 307 CHATHAM ARTILLERY 182 CHATHAM COUNTY Bridge over Skidaway River 234 Commissioners 235 Deer, Turkeys, etc. 235 Road Laws 238 Skidaway Shell Road 239 CHATTAHOOCHEE COUNTY Criminal Courts 274 Sale of Farm Products 290 CHEROKEE BANKING AND TRUST COMPANY 89 CHEROKEE IRON COMPANY 171 CITIES AND TOWNS Aeworth, Charter amended 108 Americus, Board of Education 109 Americus, Charter amended 110 Atlanta, Charter amended 118 Atlanta, City Court 119 Augusta, Charter amended 120 Augusta, City Court 121

Page 337

Augusta, Limits of 121 Augusta, Recorder 121 Bainbridge, Bonds 122 Bear Creek, Charter amended 123 Butler, Subscription to Johnson's Institute 123 Cartersville, Water Works 124 Cedartown, Charter amended 126 Cole City, Charter of 127 Columbus, Commons 127 Columbus, Public School Teachers 128 Cuthbert, Charter amended 129 Dallas, Sale of Liquor 130 Dalton, Charter amended 130 Dalton, Extra Tax 131 Dalton, Gas and Water Works 131 Dawson, Charter amended 134 Fort Valley, Charter of 134 Gainesville, Charter amended 139 Hawkinsville, Head of Navigation of Ocmulgee 148 Jefferson, Charter 149 Jonesboro, Charter 149 Kingston, Charter amended 150 LaFayette, Charter amended 150 Lithonia, Charter amended 150 Milledgeville, Charter amended 151 Milledgeville, Merchants' and Mechanics' Fire Company 153 Morganton, Charter of 153 Oxford, Sale of Spirituous Liquors 155 Rome, Bonds 155 Savannah, Bonds 156 Savannah, Brunswick, St. Mary's and Darien, Oysters 156 Savannah, Election [Illegible Text] 157 Talbotton, Subscription to Railroads 157 Waresboro, Charter repealed 158 West End, Charter amended 158 CLAY COUNTY Commissioners 233 COLE CITY Charter of 127 COLUMBIA COUNTY Insolvent Costs 225 COLUMBUS ARTIFICIAL STONE COMPANY 191 COLUMBUS Commons 127 COLUMBUS MERCHANTS' AND MECHANICS' BANK 103 COLUMBUS Public School Teachers 128 COUNTIES AND COUNTY REGULATIONS Appling, Public Buildings 216 Banks, Commissioners of Roads, etc. 216 Banks, Middle River 218 Bartow, County Treasurer 218

Page 338

Bibb, Board of Education 218 Bibb, Commissioners 219 Bibb, Road Laws 221 Bryan, Clerk and Sheriff 222 Bryan, Public Road Commissioners 223 Bulloch, Commissioners of Roads, etc. 225 Burke, Columbia, McDuffie, Richmond, Insolvent Costs 225 Burke, Commissioners of Roads, etc. 226 Burke and Monroe, County Debt 227 Burke, Outstanding Bonds 228 Burke, Treasurer 228 Butts, Bonds 229 Butts, School Tax 229 Calhoun, Commissioners of Roads 230 Calhoun, Issue of Bonds 231 Camden, Thomas and Echols, Commissioners of Roads 231 Carroll and Haralson, Line between 232 Clay, Commissioners 233 Chatham, Bridge over Skidaway River 234 Chatham and Bryan, Deer, Turkeys, etc. 235 Chatham, Commissiones 235 Chatham, Road Laws 238 Chatham, Skidaway Shell Road 239 DeKalb, Henry, Carroll and Sumter Criminal Court 244 Dooly, Commissioners of Roads, etc. 242 Dougherty, Commissioners of Roads 240 Dougherty, County Court 244 Dougherty, County Tax 246 Dougherty, Road Commissioners 246 Dougherty, Early and Lee County Courts 246 Douglass, Sheriff and Clerk, Pay of 247 Emanuel, Dooly and Gilmer Public School System 247 Fayette, Insolvent Costs 248 Floyd, Berrien, Effingham, Schley, Sumter, and Greene Cmmissioners of Roads 248 Floyd, Commissioners of Roads 249 Floyd, County Court 250 Forsyth, Educational Fund 252 Franklin, Jury Scrip 253 Franklin, Road Commissioners 253 Gilmer, Fannin, Pickens, Murray and Rabun, Bonds of Sheriffs 254 Gilmer and Terrell, Commissioners of Roads 255 Glascock, Jail 255 Glynn, Criminal Costs 256 Glynn, Public Instruction 256 Habersham, County Court 263 Hall, County Academy 258 Hart, Commissioners 269 Houston, Farming out of Convicts 270 Houston and Glynn, Farm Products 270 Irwin, Fees of Constables 270 Jefferson, Burke and Washington, Sale of Liquor 271 Johnson, Ohoopee River 271

Page 339

Laurens and Glasscock 272 Lincoln, County Court 273 Lowndes and Berrien, Line between 273 Lumpkin, Pay of Jurors 273 Marion, Lincoln, McDuffie and Douglass, Insolvent Costs 274 Marion, Talbot, Stewart and Chattahoochee, Criminal Courts 274 McIntosh, Public Buildings 277 Meriwether, Commissioners of Roads 278 Miller, Pay of Jurors 278 Mitchell and Colquitt, Line changed 279 Mitchell, Commissioners 279 Monroe, Camden, Houston and Ware, Bonds of County Officers 280 Montgomery, Commissioners of Roads 281 Murray, Commissioners of Roads 282 Muscogee, County Court 283 Newton, Special Tax 283 Newton, Stewart and Jasper, License to Retail Liquor 284 Paulding, Commissioners of Roads 284 Pike, Public Buildings 285 Putnam, County Court 285 Quitman, Commissioners of Roads 286 Rabun, Surveyor's Instruments 287 Richmond, Commissioners of Roads 288 Schley and Macon, Buck Creek 288 Scriven, Sale of Liquor 288 Spalding and Butts, Commissioners of Roads 289 Stewart, Chattahoochee, Fayette, etc., Sale of Farm Products 290 Stewart, Webster, Troup, etc., Pay of Jurors 290 Sumter, Insolvent Costs 290 Sumter, Magnolia Institute 291 Tattnall and Emanuel, Canoochee River, penal to obstruct 291 Terrell, Criminal Courts 292 Terrell, Insolvent Costs 293 Thomas, Free Schools 293 Union and Towns, Public Roads 294 Upson, Insolvent Costs 295 Walker, Commissioners of Roads, etc. 295 Ware, County Site 296 Wayne, County Site 298 Webster, Beaver Dams 299 Webster, County Commissioners 299 White, Commissioners of Roads 300 Wilcox, Camp Hunting 300 Wilcox, Commissioners of Roads 301 Wilcox, Rafting Timber 302 Wilkinson, Commissioners of Roads, etc. 303 COVINGTON Farmer's Mutual Loan Banking Company 93 COVINGTON AND OXFORD STREET RAILWAY COMPANY 196 CUTHBERT Charter amended 129

Page 340

D. DADE COAL MINING COMPANY 185 DALLAS Sale of Liquor 130 DALTON Charter amended 130 Extra Tax 131 Gas and Water Works 131 DARIEN Oysters 156 DARIEN BANKING COMPANY 91 DAWSON Charter amended 134 DeKALB COUNTY Criminal Court 240 DEKLE, L. Relief of 307 DOOLY COUNTY Commissioners of Roads 242 Public Schools 247 DOUGHERTY COUNTY Commissioners of Roads 244 County Court 244 County Court 246 County Tax 246 Road Commissioners 246 DOUGLASS COUNTY Insolvent Cost 274 Sheriff and Clerk 247 E. EAGLE AND PHOENIX MANUFACTURING COMPANY 173 EARLY COUNTY County Court 246 EATONTON BANK 92 ECHOLS COUNTY Commissioners of Roads 231 EFFINGHAM COUNTY Commissioners of Roads 248 EMANUEL COUNTY Canoochee River, penal to obstruct 291 Public School System 247 ENTERPRISE MANUFACTURING COMPANY 173 F. FANNIN COUNTY Bonds of Sheriff 254 FARMERS' MUTUAL LOAN AND BANKING COMPANY OF COVINGTON 93 FAYETTE COUNTY Insolvent Costs 248 Sale of Farm Products 290

Page 341

FLOYD COUNTY Commissioners of Roads 248 Commissioners of Roads 249 County Court 250 FORSYTH Educational Fund 252 FORT VALLEY Charter of 134 FRANKLIN COUNTY Jury Scrip 253 Road Commissioners 253 G. GAINESVILLE, BLAIRSVILLE AND NORTHWESTERN R. R. CO. 198 GAINESVILLE Charter amended 139 GAINESVILLE SAVINGS BANK 73 GENEVA SAVINGS BANK 95 GEORGIA AND ALABAMA LAND AND IMMIGRATION CO 159 GEORGIA HUSSARS 182 GEORGIA IRON AND COAL COMPANY 186 GEORGIA MASONIC MUTUAL INSURANCE COMPANY 161 GEORGIA RAILROAD AND BANKING COMPANY 97 GEORGIA SAVINGS AND BANKING COMPANY 95 GILMER COUNTY Bonds of Sheriffs 254 Commissioners of Roads 255 Public School System 247 GLASCOCK COUNTY Commissioners 272 Jail 255 GLYNN COUNTY Criminal Costs 255 Farm Products 270 Public Instruction 256 GORDON COUNTY IRON AND COAL MINING AND MANUFACTURING COMPANY 189 GREAT WESTERN CANAL COMPANY 105 GREENWOOD AND AUGUSTA RAILROAD COMPANY 200 GREEN COUNTY Commissioners of Roads 248 H. HABERSHAM COUNTY County Court 263 HALL COUNTY County Academy 268 HARALSON AND CARROLL Line between 232 HARDWICK, W. D. License to Peddle 307 HART COUNTY Board of Commissioners 269

Page 342

HAWKINSVILLE Head of Navigation of Ocmulgee 148 HAWKINS, W. A. Appropriation for 308 HENRY COUNTY Criminal Court 240 HOME HOUSE BUILDING AND MANUFACTURING COMPANY 175 HOUSTON COUNTY Bonds of County Officers 280 Farming Out of Convicts 270 Farm Products 270 HUFF, L. W. Relief of 308 I. IMMIGRATION COMPANIES Georgia and Alabama Land and Immigration Company 159 Southern Land and Immigration Company 159 INSURANCE COMPANY Georgia Masonic Mutual 161 IRWIN COUNTY Fees of Constables 270 J. JASPER COUNTY License to Retail Liquor 284 JEFFERSON Charter 149 JEFFERSON COUNTY Sale of liquor 271 JOHNSON COUNTY Ohoopee River 271 JONESBORO Charter 149 K. KINGSTON Charter amended 150 L. LAFAYETTE Charter amended 150 LAGRANGE Citizens' Loan and Trust Company 97 LAURENS COUNTY Commissioners 272 LEE COUNTY County Court 246 LINCOLN COUNTY County Court 273 Insolvent Costs 274 LITHONIA Charter amended 150

Page 343

LOWNDES AND BERRIEN COUNTIES Line between 273 LUMPKIN COUNTY Pay of Jurors 273 M. MACON BANK AND TRUST COMPANY 99 MACON COUNTY Buck Creek 288 MACON VOLUNTEER CORPS 183 MADISON MANUFACTURING COMPANY 179 MAIER, JOHN Appropriations for 309 MANUFACTURING COMPANIES Arkwright Manufacturing Company 161 Atlanta Car Manufacturing Company 164 Atlanta Oil, Fertilizer, Mineral Paint and Manufacturing Company 165 Atlantic Paper Company 167 Bartow Iron Company 168 Bartow Iron Works 169 Byers Manufacturing Company 170 Bryers Manufacturing Company 171 Cherokee Iron Company 171 Eagle and Ph[UNK]nix Manufacturing Company 173 Enterprise Manufacturing Company 173 Home House Building and Manufacturing Company 175 Madison Manufacturing Company 179 Rogers' Iron Works 179 Rogers' Iron Company 180 MANUFACTURERS' BANK OF AUGUSTA 132 MARION COUNTY Criminal Courts 274 Insolvent Costs 274 MARSH, ISAAC M., et al. Compensation for 309 McDUFFIE COUNTY Insolvent Costs 225 Insolvent Costs 274 McINTOSH COUNTY Public Buildings 277 McNEIL, JAMES Insolvent Costs 310 MERCHANTS' AND MECHANICS' BANK OF COLUMBUS 103 MERIWETHER COUNTY Commissioners of Roads 278 MILLEDGEVILLE Charter amended 151 Merchants' and Mechanics' Fire Company 153 MILLER COUNTY Pay Jurors 278 MILITARY COMPANIES Chatham Artillery 182 Georgia Hussars 182

Page 344

Volunteer Corps of Macon 183 Volunteer Corps of Savannah 183 MINING COMPANIES Dade Coal Mining Company 185 Georgia Iron and Coal Company 186 Gordon County Iron and Coal Mining and Manufacturing Company 189 Vulean Iron and Coal Company 191 MITCHELL, B. II. License to Peddle 310 MITCHELL AND COLQUITT COUNTIES Line changed 279 MITCHELL COUNTY Commissioners 279 MONROE COUNTY Bond of County Officers 280 County Debt 227 MONTGOMERY COUNTY Commissioners of Roads 281 MONTFORT, Mrs. S. W. Relief of 311 MORGANTON Charter of 153 MORRIS, JOHN Relief of 311 MULKEY, J. T. License to Peddle 312 MURRAY COUNTY Bonds of Sheriffs 254 Commissioners of Roads 282 [Illegible Text] COUNTY County Court 283 N. NEWTON COUNTY License to Retail Liquor 284 Special Tax 283 NORCROSS AND DAHLONEGA RAILROAD COMPANY 204 NORTH AND SOUTH RAILROAD COMPANY 207 NORTH AND SOUTH RAILROAD COMPANY 207 O. OCMULGEE RIVER Head of Navigation 148 OLIVER, G. W. Relief of 312 ORPHANS' HOME North Georgia Conference 184 OXFORD Sale of Liquor 155 P. PAULDING COUNTY Commissioners of Roads 284

Page 345

PICKENS COUNTY Bonds of Sheriffs 254 PIKE COUNTY Public Buildings 285 PLANTERS' LOAN AND SAVINGS BANK 103 PUTNAM COUNTY County Court 285 Q. QUEEN, W. C. License to Peddle 307 QUITMAN COUNTY Commissioners of Roads 286 R. RABUN COUNTY Bond of Sheriff 254 Surveyors' Instruments 287 RAILROAD AND TELEGRAPH COMPANIES Albany, Mobile, New Orleans Railroad Company 193 Athens and Eatonton Railroad Company 193 Augusta and Louisville Railroad Company 194 Barnard and Anderson-street Railroad Company 195 Catoosa Springs Railroad Company 195 Covington and Oxford-street Railroad Company 196 Gainesville, Blairsville and Northwestern Railroad Company 198 Greenwood and Augusta Railroad Company 200 Norcross and Dahlonega Railroad Company 204 North and South Railroad Company 207 North and South Railroad Company 207 Savannah, Griffin and North Alabama Railroad 208 Savannah, Griffin and North Alabama Railroad 208 Tybee Telegraph Company 209 Valdosta and Fort Valley Railroad Company 211 Vann's Valley, Coosa and Chattanooga Railroad Company 212 Walton Railroad Company 213 REAL ESTATE SAVINGS BANK OF STONE MOUNTAIN 104 RICHMOND COUNTY Insolvent Costs 225 Commissioners of Roads 288 RINGGOLD CANAL AND MANUFACTURING COMPANY 106 ROGERS' IRON COMPANY 180 ROGERS' IRON WORKS 179 ROME Bonds 156 RUCKERT. F. J. Relief of 313 S. SAVANNAH Bonds 156 Election Precincts 157 Volunteer Corps 183

Page 346

SAVANNAH, BRUNSWICK, St. MARYS AND DARIEN Oysters 156 Savannah, Griffin and North Alabama Railroad Company 208 SCHLEY COUNTY Buck Creek 288 Commissioners of Roads 248 SCRIVEN COUNTY Sale of Liquor 288 SHIVERS, S. C Securities relieved 313 SKIDAWAY RIVER Bridge over 234 SKIDAWAY SHELL ROAD 239 SOUTHERN LAND AND IMMIGRATION COMPANY 159 SPALDING COUNTY Commissioners of Roads 289 SPEAIRS, W. J. Relief of 314 STEWART COUNTY Criminal Court 274 License to sell Liquor 284 Pay of Jurors 290 Sale of Farm Products 290 St. MARYS Oysters 156 SUMTER COUNTY Commissioners of Roads 248 Criminal Court 240 Insolvent Costs 290 Magnolia Institute 291 T. TALBOT COUNTY Criminal Courts 274 TALBOTTON Subscription to Railroad 157 TATTNALL COUNTY Canoochee River, penal to obstruct 291 TELEGRAPH COMPANY, TYBEE 209 TERRELL COUNTY Commissioners of Roads 255 Criminal Courts 292 Insolvent Costs 293 THOMAS COUNTY Commissioners 231 Free Schools 293 THORNTON, G. W. Securities relieved 314 TOWNS COUNTY Public Roads 294 TROUP COUNTY Pay of Jurors 290 TYBEE TELEGRAPH COMPANY 209

Page 347

U. UNION COUNTY Public Roads 294 UPSON COUNTY Insolvent Costs 295 V. VALDOSTA AND FORT VALLEY RAILROAD COMPANY 211 VOLUNTEER CORPS OF MACON 183 VOLUNTEER CORPS OF SAVANNAH 183 VANN'S VALLEY, COOSA AND CHATTANOOGA R. R. COMPANY 212 VULCAN IRON AND COAL COMPANY 191 W. WADE, J. A. Relief of 315 WALKER COUNTY Commissioners of Roads 295 WALTON RAILROAD COMPANY 213 WARE COUNTY Bonds of County Officers 280 County Site 296 WARESBORO Charter repealed 158 WASHINGTON COUNTY Sale of Liquor 271 WAYNE COUNTY County Site 298 WEBSTER COUNTY Beaver Dams 299 Commissioners of Roads 299 Pay of Jurors 290 WEST END Charter amended 158 WHITE COUNTY Commissioners of Roads 300 WHITE, R. L. License to Peddle 315 WILCOX COUNTY Camp Hunting 300 Commissioners of Roads 301 Rafting Timber 302 WILKINSON COUNTY Commissioners of Roads 303 WILKINS, J. H. License to Peddle 316

Page 348

INDEX TO RESOLUTIONS. ADVANCE TO STATE PRINTER 317 AGRICULTURAL LAND SCRIP 317 ATTORNEY GENERAL to buy property for the State 318 CHANGE BILLS Western and Atlantic Railroad 318 COBB'S ANALYSIS AND FORMS 319 COMPTROLLER GENERAL perquisites 319 COMMITTEE ON FOSTER BLODGETTS INDEBTEDNESS 319 FOSTER BLODGETTS INDEBTEDNESS 320 GEORGIA AND SOUTH CAROLINA BOUNDARY LINE 320 GUBERNATORIAL VOTE counting of 321 HARRISON WESTMORELAND, AND B. OLIVE 321 LAND GRANTS 322 LAND SCRIP 317 MEMORIAL OF REV. J. O. A. CLARK et al. 322 PARROTT, J. E. fi. fa. against 322 PUBLIC LAWS pamphlet of 323 STATE PRINTER advance to 317 UNITED STATES PROPERTY 323 WESTERN AND ATLANTIC RAILROAD change bills 318